Pickswise Pick 8 Terms and Conditions
Effective Date: November 25, 2019
Last Updated: November 25, 2019
These Terms and Conditions (“Terms”) govern your use of the Pickswise website and mobile application (collectively, the “Services” or the “The Game”) provided by Intellr Inc, d/b/a Pickswise (“Pickswise”, ”Pickswise Pick 8”, “we”, “us” or “our”). By using the Services, you agree to be bound by the terms and conditions of these Terms. If you do not agree to the terms and conditions of these Terms, please do not use the Services. These Terms constitute a legal agreement between you and Pickswise, and shall apply to your use of the Services even after termination.
Please note the arbitration provision set forth below, which requires, except where and to the extent prohibited by law, you to arbitrate any claims you may have against Pickswise on an individual basis. Arbitration on an individual basis means than you will not have, and you waive the right for a judge or jury to decide your claims, and that you may not proceed in a class, consolidated, or representative capacity.
- The services are available to legal US residents aged 21 years or over, excluding residents of the state of Washington.
- You must be a citizen or legal resident of the US and have an address in the US. If you are a legal resident of the State of Washington, you may not use the services.
- Proof of age and identity may be required. Entry to the Pickswise Pick 8 is free.
- Employees of Pickswise or its affiliates, their respective relatives, agents or agents’ relatives are not eligible to win prizes. The Services and sweepstakes may not be used for any form of illicit gambling.
- In order to use the Services players are required to register at pickswise.com/pick-8 (the “Website”). Only one account is allowed per person. Multiple accounts will be closed. Only one entry per round is allowed per person. If Pickswise has reasonable grounds to believe that multiple accounts have been opened by or are under the control of the same person, all such accounts shall be closed and all entries by such player and/or accounts will be disqualified from participating in the Services or receiving any prizes. Players are required to register in their own name and any player found to be registering in the name of any other person will be disqualified.
- Players will be deemed to have accepted these terms and conditions and agreed to be bound by them when entering Pickswise Pick 8. These terms and conditions will apply for the duration of the 2019/20 National Football League season commencing with fixtures on the 5th September 2019.
- Pickswise may share customer data, including but not limited to, name, age, address, email, phone number, state, IP address for the sole purpose of validating and paying the prize.
If Pickswise determines that you do not meet the eligibility requirements above, then you are not authorized to use the Services.
- Players will have to correctly predict the winning margin in regulation time of eight Pickswise Pick 8 games.The games will be chosen by Pickswise. There will be 8 games comprising a round (a “round”).
- The prize of $250,000 is awarded to the player who correctly predicts the winning margin in all eight Pickswise Pick 8 games in the round.There will be no consolation prize for less than 8.
- If two or more players correctly predict the winning margin of all eight games in the round the $250,000 prize money will be distributed evenly between the winners of the round.
- If one or more game is tied at the end of regulation time then the game will be void and the prize reduced to $0.00. Eight games must be predicted correctly to qualify for the jackpot.
- The game closes at the kick off time of the first fixture. The list of fixtures and kick off times for each round can be viewed at the Pickswise website at pickswise.com/pick-8. Once the game has closed entrants cannot change their predictions. Once an entry has been submitted, it can be changed before the closing time via the Website. In order to enter the Promotion, Players must predict the winning margin for all eight Pickswise Pick 8 games identified for the relevant round.
- Game scores are published by the official scores. This data will be used to determine the prize winners.
- If any Pickswise Pick 8 game is postponed, abandoned or not completed (where less than 4 quarters are played) the game will be considered void. If seven or fewer games are completed during any round, the $250,000 game prize available for that round will be reduced to $0.00.
- There is no cash alternative to any non-cash prizes and unless agreed otherwise in writing the prizes are non-refundable and non-transferable.
- The Promoter reserves the right to substitute the prizes (or any part of them) for a prize of equivalent or greater monetary value if this is necessary for reasons beyond its control.
- The Promoter will not be liable for prizes that do not reach the winners for reasons beyond its reasonable control.
Submission of entries
- The Promoter does not accept responsibility for network, computer hardware or software failures of any kind, which may restrict or delay the sending or receipt of your entry. Under no circumstances can a user submit their entry via e-mail.
Winners and Entrants Verification and Publication
- Winners will be notified by email or telephone registered on their account. It is each player’s sole responsibility to ensure that their contact details are up to date. Winners will be required to verify (with evidence satisfactory to the Promoter) their age, identity, residence, proof and details of bank account and other requested verification information to the satisfaction of the Promoter before they are eligible to receive a prize. Any announcement on Pickswise properties (online, social media etc.) is pending verification and is not final confirmation.
- A full list of prize winners by name will be available on the Pickswise website at www.pickswise.com/pick-8
- If any entrant is not able, for whatever reason, to accept a prize, verify their registration information to the satisfaction of the Promoter, has been found to have breached these terms and conditions by the Promoter or cannot be contacted within five (5) Business Days (a day other than a Saturday, Sunday or public holiday in American when banks in America are open for business), the Promoter reserves the right to disqualify that entrant (and their eligibility to receive any prizes under the Promotion) and award the prize to another participant, if applicable.
- Entry and participation in the Promotion constitutes permission for Pickswise and/or its associated, affiliated and subsidiary companies to use the names, predictions and photographs of participants for publishing purposes at its discretion, including but not limited to, leader boards and other display within the Pickswise Website or related applications. All winners may be required to participate in such publicity as Pickswise reasonably requires.
- Allow 60 days for prizes for payment and delivery of prizes.
- Pickswise may utilise the services of an Insurer to provide security for any of the potential winnings arising from this game.
Disclaimer of Warranties
- To the fullest extent permitted under law and save for the rights granted to consumers under applicable laws, the services, including all content, software and functions, are provided “as is,” “as available” and “with all faults.” Pickswise makes no representation or warranty of any kind whatsoever to you or any other person relating in any way to the services or the content or communications on the services, or any website or other content or service that may be accessible directly or indirectly through the services. Pickswise disclaim implied warranties that the services and all software, content and functions and information distributed through the services are merchantable, of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing. no oral or written information or advice given by Pickswise or a representative shall create a warranty.
- Pickswise does not guarantee that the services will meet your requirements, or that it is error-free, reliable, free of viruses or other harmful components, without interruption or available at all times. we do not guarantee that the services, including any support services, will be effective, reliable, and accurate or meet your requirements. Pickswise does not guarantee that you will be able to access or use the services (either directly or through third-party networks) at all times or locations of your choosing.
- Further, we do not endorse and make no warranty regarding the accuracy or reliability of any opinion, information, advice or statement on the services. Under no circumstances will we be liable for any loss or damage caused by your reliance on information obtained through the content on the services. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the services.
Limitation of Liability
- Except in the case of death or personal injury arising from its negligence or in respect of fraud and so far as is permitted by law, the Promoter and each of its associated companies and agents exclude responsibility and all liabilities arising from:
- any postponement, cancellation, delay or changes to the prizes, promotions or relevant NFL fixtures beyond the Promoter’s reasonable control;
- any technical failures or unavailability of the Pickswise Website, Mobile Apps or other related platforms;
- obvious errors or omissions relating to the awarding of prizes; or
- for any act or default of any third party supplier including without limitation errors relating to fixtures and scoring data.
- The terms and conditions of any third party supplier will apply to the prize where applicable.
- If any provision or part-provision of these terms and conditions are or become invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these terms and conditions.
- The Promoter’s decision is final and legally binding on all entrants in relation to all aspects of the Promotion including (without limitation) allocation of the prizes and no correspondence will be entered into. Entries that do not comply in full with the Promotion’s rules or terms and conditions will be disqualified and will not be eligible to receive any prizes.
- The Promotion is co-promoted collectively by Intellr Inc of 348 Heathcote Road, Scarsdale, NY 10583 and Centurycomm of Floor 7, Vivo Building, 30 Stamford Street, London, United Kingdom (together, the “Promoter”).
- If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
Modification and Termination
- We reserve the right to modify these Terms at any time. When we do so, we will update the “Effective Date” above. You will be notified of any material changes to these Terms via a posting on the Services. We may also send you an email at the email address we have on file for you.
- We shall have the right to immediately terminate these Terms with respect to any user which we, in our sole discretion, consider to be unacceptable, or in the event of any breach by you of these Terms.
- If you have any questions, comments or concerns about these Terms, please contact us at: email@example.com