Terms of Service for PickEm.com

OFFICIAL CONTEST RULES

Contest rules will be found in the “Rules" section of the website and mobile application.

USER AGREEMENT

PICK'EM owns and operates the website www.pickem.com (the “Website”) which include all of the text, images, audio, code and other material they contain or provide (collectively, the “Content”) that links to these Terms of Use. We gladly provide access to our Website and the ability to participate in our contests of skill, other content, features, products, services, and promotions (collectively, the “Services”) that we may provide from our Website, subject to these Terms of Use (the “Terms of Use”), our privacy policy (the “Privacy Policy”), and the Official Rules and Regulations for the applicable contests and promotions (the “Rules” or “Rules and Scoring”, and together with the Terms of Use and the Privacy Policy, the “Agreements”).

CONSIDERATION

By accessing or using the Website, registering for Services offered on the Website, or by accepting, uploading, submitting or downloading any information or content from or to the Website, you are agreeing to these Terms of Use. IF YOU DO NOT AGREE TO THESE TERMS OF USE AND DO NOT WISH TO BE BOUND BY THEM, DO NOT USE THE WEBSITE. These Terms of Use constitute a legal agreement between you and PICK'EM, and shall apply to your use of the Website and the Services even after termination.

ELIGIBILITY

You hereby represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Use and to abide and comply with these terms. In order to open an account and participate in the Services offered by the Website, you must be 18 years of age or older and a citizen or resident with a physical address in the United States of America. In jurisdictions, territories, and locations where the minimum age for permissible use of the Website is other than 18 years old, you must meet the age requirement in your local jurisdiction or territory. You must be at least 19 years of age when registration of contests occurs if you are a legal resident of Nebraska. You must be at least 21 years of age when registration of contests occurs if you are a legal resident of Massachusetts. PICK'EM reserves the right to request for proof of age and temporarily suspend the account until satisfactory proof of age documents are received and validated. Void where prohibited or restricted by law.

In order to participate in the Services offered by the Website, you may not be listed on any United States Government list of prohibited or restricted parties. You also must be able to represent and warrant that you are not subject to backup withholding tax because you are exempt from backup withholding or because you have not been notified by the Internal Revenue Service (IRS) that you are subject to backup withholding as a result of failure to report all interest or dividends, or because the IRS has notified you that you are no longer subject to backup withholding. We are required by law to report all prize money paid out and will provide a 1099 Misc at the end of the year to you detailing what prize money were awarded to you to the IRS. MAKE SURE TO CLAIM ALL PRIZE MONEY WHEN YOU FILE YOUR TAXES FOR THE YEAR.

“Authorized Account Holder” is defined as the natural person 18 years of age or older who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization (e.g., business, education institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address for registration on the Website. By inputting a payment method to subscribe to our content, the Authorized Account Holder hereby affirms that the Authorized Account Holder is the lawful owner of the payment method account used to make any deposit(s) on the Website. It shall be a violation of these Terms of Use for any Authorized Account Holder to submit payment using any payment method that is not owned by the Authorized Account Holder.

PICK'EM employees may participate in the Services offered and will do so for the purpose of testing the Website user experience, socializing with customers to build community and other reasonable and fair uses at the discretion of PICK'EM. Such employees may not be awarded money or prize money . PICK'EM consultants and/or promoters may participate in the Services without such limitation if their arrangement with PICK'EM does not permit them to have any access to non-public data or any other data not made available to all contestants, and if they do not receive any other advantages during their participation in the Services.

Athletes, coaches, team owners, team management or support staff may not participate in any PICK'EM contest in any sports with which they are associated. This includes any referees, league employees, sports commissioners, or any individual who may have employment or an ownership interest in a sport or sports that would allow them to influence the contest.

If you do not meet the eligibility requirements outlined in this section, you are not authorized to participate in the Services. Prior to receiving a prize money money, PICK'EM may require that you submit proof of eligibility according to this section and this includes requesting that you complete an affidavit of eligibility. Should this be requested of you and not completed within 5 days, or should PICK'EM determine that you do not meet the eligibility requirements outlined in this section, in addition to any rights that PICK'EM may have in law or equity, PICK'EM reserves the right to terminate your account and withhold or revoke the awarding of any associated prize money . In the aforementioned situation, PICK'EM would award any withheld or revoked prize money to the other contestants in such contest in a manner consistent with the prize money money structure of the contest at the sole discretion of PICK'EM.

CONDITIONS OF PARTICIPATION

To participate in the Services offered by the Website and to enter a Contest, you must register for an account; in doing so, you must provide a valid email address, your full legal name, and a unique Username and Password to be used when signing into your account on the Website or App. Your username may not be one that PICK'EM considers offensive or otherwise unacceptable at their absolute discretion. When registering for an account, you agree to provide and maintain current and accurate information about yourself at the time of registration (the “Registration Data”). PICK'EM can and will request current Registration Data from you, and you must provide this information upon request. You also must notify us immediately when that information changes. If you provide inaccurate or incomplete data, or if PICK'EM has reasonable grounds to suspect that such information is so, PICK'EM may terminate your account at its sole discretion.

You agree to maintain and are responsible for maintaining the confidentiality of your Username and Password, and you are therefore responsible for all activities, charges, and damages that may occur under your account. You agree to not share your account information with anyone else. Allowing others to use your account puts you in violation of these Terms of Use. You must contact PICK'EM immediately of any unauthorized use of your account. PICK'EM is not responsible or liable for any losses or damages resulting from your failure to notify us of any unauthorized use of your account or breach of security.

Only one user profile is allowed per person to participate in the Services offered on the Website. If PICK'EM discovers that you have opened, maintained, used, or controlled more than one account, in addition to any other rights that PICK'EM may have, PICK'EM reserves the right to suspend and/or terminate any or all of your accounts and terminate, withhold, or revoke the awarding of any prize money.

Upon registration, you agree to be bound by these Rules and the decisions of PICK'EM, which are final and binding in all matters. PICK'EM, at its sole discretion, may deny access or block any transaction made using your account without prior notice if we believe your account is being used in an unauthorized manner. PICK'EM may change your Username or require that you change your Username. PICK'EM may also, at its sole discretion, disqualify any user from a Contest, refuse to award prize money or require the return of any prize money , if the user engages in conduct that we deem improper, unfair or otherwise adverse to the operation of the Contest or is in any way detrimental to other users. Improper conduct includes, but is not limited to:
  • Falsifying personal information required to enter a Contest or claim a prize money money;
  • Engaging in any type of financial fraud including unauthorized use of credit instruments to enter a Contest or claim a prize money money;
  • Colluding with any other individual(s) or engaging in any type of syndicate play;
  • Any violation of Contest Rules or the Terms of Use;
  • Utilizing any unauthorized methods such as automated scripts, bots, or other automated means;
  • Using automated means (including but not limited to harvesting bots, robots, parser, spiders or screen scrapers) to obtain, collect or access any information on the Website or of any User for any purpose.
  • Any type of bonus abuse, abuse of the affiliate program, or abuse of any other offers or promotions;
  • Tampering with the administration of a Contest or trying to in any way tamper with the computer programs or any security measure associated with a Contest;
  • Obtaining other entrants’ information and spamming other entrants; or
  • Abusing the Website in any way.
Users also acknowledge that the forfeiture and/or return of any prize money money shall in no way prevent PICK'EM from pursuing criminal or civil proceedings in connection with such conduct.
By entering Contest(s) or accepting any prize money money, entrants, including but not limited to the winner(s), agree to indemnify, release and to hold harmless PICK'EM, its parents, subsidiaries, affiliates and agents, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities (collectively, the “Released Parties”), from any and all liability, claims or actions of any kind whatsoever, including but not limited to injuries, damages, or losses to persons and property which may be sustained in connection with participation in the Contest, the receipt, ownership, use or misuse of any prize money money or while preparing for, participating in and/or traveling to or from any prize money money-related activity, as well as any claims based on publicity rights, defamation, or invasion of privacy. PICK'EM may, in its sole and absolute discretion, require an Authorized Account Holder to execute a separate release of claims similar to the one listed above in this Paragraph as a condition of being awarded any prize money money or receiving any payout. All entries become the property of PICK'EM and will not be acknowledged or returned.
PICK'EM is not responsible for: any incorrect, invalid or inaccurate entry information; human errors; postal delays/postage due mail; technical malfunctions; failures, including public utility or telephone outages; omissions, interruptions, deletions or defects of any telephone system or network, computer online systems, data, computer equipment, servers, providers, or software (including, but not limited to software and operating systems that do not permit an entrant to participate in a Contest), including without limitation any injury or damage to any entrant’s or any other person’s computer or video equipment relating to or resulting from participation in a Contest; inability to access the Website, or any web pages that are part of or related to the Website; theft, tampering, destruction, or unauthorized access to, or alteration of, entries and/or images of any kind; data that is processed late or incorrectly or is incomplete or lost due to telephone, postal issues, computer or electronic malfunction or traffic congestion on telephone lines or transmission systems, or the Internet, or any service provider’s facilities, or any phone site or website or for any other reason whatsoever; typographical, printing or other errors, or any combination thereof.
PICK'EM is not responsible for incomplete, illegible, misdirected or stolen entries. If for any reason a Contest is not capable of running as originally planned, or if a Contest, computer application, or website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper entry to a Contest in accordance with the Terms of Use or applicable Contest rules, or if infection by a computer (or similar) virus, bug, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in the sole opinion of PICK'EM corrupts or affects the administration, security, fairness, integrity, or proper conduct of a Contest, the Company reserves the right, at its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, extend, modify or suspend the Contest, and select the winner(s) from all eligible entries received. If such cancellation, termination, modification or suspension occurs, notification will be posted on the Website.
ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF ANY CONTEST IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, PICK'EM RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
To be eligible to enter any contest or receive any prize money money, the Authorized Account Holder may be required to provide PICK'EM with additional documentation and/or information to verify the identity of the Authorized Account Holder, and to provide proof that all eligibility re- quirements are met. In the event of a dispute as to the identity or eligibility of an Authorized Account Holder, PICK'EM will, in its sole and absolute discretion, utilize certain information collected by PICK'EM to assist in verifying the identity and/or eligibility of such Authorized Account Holder.
Participation in each Contest must be made only as specified in the Terms of Use. Failure to comply with these Terms of Use will result in disqualification and, if applicable, prize money money forfeiture.
Where legal, both entrants and winner consent to the use of their name, voice, and likeness/photograph in and in connection with the development, production, distribution and/or exploitation of any Contest or the Website. Winners agree that from the date of notification by PICK'EM of their status as a potential winner and continuing until such time when PICK'EM informs them that they no longer need to do so that they will make themselves available to PICK'EM for publicity, advertising, and promotion activities.
PICK'EM reserves the right to move entrants from the Contests they have entered to substantially similar Contests in certain situations determined by PICK'EM in its sole discretion.

CONDUCT

As a condition of use, you promise not to use the Services for any unlawful purpose or for any purpose that is prohibited by these Terms, or any other purpose not reasonably intended by PICK'EM. As an example and not as a limitation, you agree not to: • Abuse, harass, impersonate, intimidate, or threaten any other PICK'EM users • Post or transmit, or cause to be posted or transmitted, any Contest that are infringing, libelous, defamatory, abusive, offensive, obscene, pornographic or otherwise violates any law or right of any third party; • Use the Service for any unauthorized purpose or in violation of any applicable law, including intellectual property laws; • Post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain the password, account, or private information from any PICK- 'EM user.

CONTEST PRIZE MONEY AND PROMOTIONS

For the Contests offered by PICK'EM, we announce the payment required for entry, in advance on the contest page. For a summary of contest entry fees and prize money money pools for currently open contests, log in to your account on PICK'EM on the Website and go to the home page.
Winners are generally posted on the Website at the conclusion of each Contest, and prize money will be awarded by 12:00 NOON EST on the following day except in cases of technical failure or when technical failure or other reasons prevent such timely payout. Winners may be requested via email or regular mail to return an affidavit of eligibility, a publicity agreement, and/or appropriate tax forms by a specified deadline. Failure to comply with this requirement may result in disqualification. Any prize money money notification returned to PICK'EM as undeliverable may result in the winner’s disqualification and the subsequent selection of an alternate winner. At the end of each contest, the tentative winners are announced but remain subject to final verification. The individuals in each Contest who fulfill all eligibility requirements and comply with all applicable rules may win the prize money as outlined in the posted details of such Contest. Prize money money calculations are based on the results as of the time when final scoring is tabulated by PICK'EM. Prize money won are added to EACH winner’s account. In the event of a tie for individual contests the prize money money money will be split evenly among those who have tied the contest. In the event that you win a contest you will have the option to receive the prize money money stated or the FMV stated on the website, unless the contest results in a tie, in which case the FMV will be split evenly among fans who have tied.
Once winners are initially announced by PICK'EM, the scoring results will not be changed based on official adjustments made by professional sports leagues. However, PICK'EM reserves the right to make adjustments as they see fit based on errors or irregularities in the transmission of the results information or in the calculation of the results. PICK'EM has no obligation to delay the awarding of prize money money in the anticipation of any such adjustment, and PICK'EM reserves the right to reverse payments in the event of any such adjustment. You agree to cooperate with our efforts to reverse payments.
Transfer of a prize money is not permitted. All taxes associated with the receipt or uses of any prize money money are the sole responsibility of the winner. Should the awarding of any Contest prize money to winners be challenged by any legal authority, PICK'EM reserves the right in its sole discretion to determine whether or not to award prize money or make adjustments to the prize money . In all disputes arising out of the determination of the winner of any Contests offered on the Website, PICK'EM is the sole judge and its actions are final and binding.
As subject to the applicable rules and posted details of each contest, should a Contest result in a tie, the prize money money is divided evenly between the tied players unless otherwise specified. Prize money will only be awarded if a Contest is run. PICK'EM reserves the right to cancel Contests at any time. In the event of a cancellation, all entry fees in that specific contests, will be refunded to the customer except as specifically provided in these Terms of Use. Prize money are offered in connection with some of the Contests offered by the Website. Each Contest or promotion is governed by its own set of official rules. We encourage you to read such Contest and promotion’s Rules before participating.
In regards to taxation, in early January of each year, all winners who have won at least $600 in prize money (net of all entry fees) over the previous year must provide updated address and social security details to PICK'EM TBD. These details will be used to file a 1099-MISC with the Internal Revenue Service.

CONTEST OF SKILL

PICK'EM offers Contests of skill. Winners are determined by the objective criteria described in the Contests’ rules, see the “Rules” section on the website. From all entries received for each Contest, winners are determined by the individuals who use their skill and knowledge of relevant information to accumulate the highest percentage of correctly picked games won and/or over and under selections . The Website and Contests may not be used for any form of illicit gambling.

CONTEST STATISTICS AND LIVE SCORING

To the extent that we may offer ‘live’ statistics during gameplay, all ‘live’ statistics and other information provided through the PICK'EM Website and related information sources are unofficial. Live sports statistics and their respective components are offered for informational and/or entertainment purposes only and they are not used to determine the results of our Contests. While PICK'EM and the third parties used to provide the PICK'EM Services use reasonable efforts to include accurate and up-to-date information, neither PICK'EM nor its third party providers warrant or make any representations of any kind with respect to the information provided through the PICK'EM Website and related information sources. PICK'EM and its third party providers shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available via the PICK'EM Website and related information sources, and shall not be responsible or liable for any error or omissions in that information.

CONTEST RESULTS

Contest results and prize money money calculations are based on the final statistics and scoring results at the completion of the last professional sports game of each individual Contest. Once Contest results are reviewed and graded, prize money is awarded. The scoring results of a Contest will not be changed regardless of any official statistics or scoring adjustments made by the leagues at later times or dates, except in PICK’EM’s sole discretion.

PRIZE TABLES

Contest prize money payouts will be published upon the creation of each new contest and may be updated at any time. PICK'EM reserves the right, in its sole discretion, to cancel or suspend the Contests (or any portion thereof) should virus, bugs, unauthorized human intervention, or other causes corrupt administration, security, fairness, integrity or proper operation of the Contest (or any portion thereof) warrant doing so. Notification of such changes may be provided by PICK- 'EM to its customers but will not be required.

PAYMENT AND WITHDRAWAL OF PRIZE MONEY

Winners are posted on the Website.
Entrants may withdraw their cash prize money money awards as well as cash deposits by using the “Request Payout” option on the Website. Entrants may be requested to complete an affidavit of eligibility and a liability/publicity release (unless prohibited by law) and/or appropriate tax forms and forms of identification including but not limited to a Driver’s License, Proof of Residence, Social Security Number, and/or any information relating to payment/deposit accounts as reasonably requested by PICK'EM in order to complete the withdrawal of prize money. Failure to comply with this requirement may result in disqualification and forfeiture of any prize money. Disqualification or forfeiture of any prize money may also occur if it is determined any such entrant did not comply with these Terms of Use in any manner.
Any payout requests, after approved by PICK'EM, will be paid through PayPal to your PayPal account or through Venmo to your Venmo account. Promotional deposits, credits, and other bonuses may not be withdrawn from an PICK'EM account unless appropriate terms of the promotion are achieved first by the user.
All taxes associated with the receipt of any prize money are the sole responsibility of the winner. In the event that the awarding of any prize money to winners of Contests is challenged by any legal authority, PICK'EM reserves the right in its sole discretion to determine whether or not to award such prize money.
No substitution or transfer of prize money is permitted, except that PICK'EM reserves the right to substitute prize money with an item of equal or greater value if the advertised prize money money is unavailable.

TERMINATION AND EFFECT OF TERMINATION

In addition to any other legal or equitable remedy, PICK'EM may, without prior notice, immediately revoke any or all of your rights granted hereunder. In such event, you will immediately cease all access to and use of the PICK'EM Website. PICK'EM may revoke any password(s) and/or account identification issued to you and deny you access to and use of the Website. Any such action shall not affect any rights and obligations arising prior thereto. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

DISCLAIMER OF WARRANTIES

THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEBSITE, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY, AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE WEBSITE; (B) THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE WEBSITE; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE WEBSITE; (D) THE MESSAGES AND INFORMATION SENT FROM THE WEBSITE BY USERS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE WEBSITE OR HYPERTEXT LINKS TO THIRD PARTIES; AND/ OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR ANY LINKED SITE. THE COMPANY DOES NOT WARRANT THAT THE WEBSITE, ANY OF THE WEBSITES’ FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE COMPANY DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE WEBSITE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, THE COMPANY SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE WEBSITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITE OR THE CONTENT. FURTHER, THE COMPANY AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.
THE COMPANY, ITS PARENTS, SUBSIDIARIES AND AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, AND OTHER REPRESENTATIVES OF EACH OF THEM, SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THIS AGREEMENT.

LIMITATION OF LIABILITY

YOU UNDERSTAND AND AGREE THAT THE COMPANY LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE WEBSITE AS SET FORTH BELOW: UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE “COMPANY ENTITIES AND INDIVIDUALS”), BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THE WEBSITE, THE CONTENT, OR YOUR UPLOAD INFORMATION; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE WEBSITE; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE COMPANY OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEBSITE OR CONTENT;(4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR (5) ANY ERRORS OR OMISSIONS IN THE WEBSITE’S TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE COMPANY ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE WEBSITE). IN NO EVENT WILL THE COMPANY ENTITIES AND INDIVIDUALS BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE COMPANY ENTITIES AND INDIVIDUALS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100). THE COMPANY ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER’S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTER- RUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOUR ACCESS TO AND USE OF THIS WEBSITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEBSITE OR THE CONTENT. YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF THE COMPANY’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE OR OTHER PROPERTY OWNED OR CONTROLLED BY THE COMPANY AND/OR ITS PARENTS, SUBSIDIARIES, AND/OR AFFILIATES OR YOUR UPLOAD INFORMATION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY COMPANY WEBSITE OR OTHER PROPERTY OR YOUR UPLOAD INFORMATION OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO. BY ACCESSING THE WEBSITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.

INTELLECTUAL PROPERTY RIGHTS

The content on the Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein (the “Intellectual Property”), are owned by or licensed to PICK'EM, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. PICK'EM reserves all rights not expressly granted in and to the Website and the Intellectual Property. You agree to not engage in the use, copying, or distribution of any of the Intellectual Property other than expressly permitted herein. If you download or print a copy of the Intellectual Property for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Intellectual Property or enforce limitations on use of the Website or the Intellectual Property therein.
Some of the Services may allow you to submit or transmit audio, video, text, or other materials (collectively, “User Submissions”) to or through the Services. When you provide User Submissions, you grant to PICK'EM, its parents, subsidiaries, affiliates, and partners a non-exclusive, worldwide, royalty-free, fully sublicensable license to use, distribute, edit, display, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, translate, and create derivative works of those User Submissions, and your name, voice, likeness and other identifying information were part of a User Submission, in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products. You hereby waive any moral rights you may have in your User Submissions.
In addition, you agree that any User Submissions you submit shall not contain any material that is, in the sole and absolute discretion of PICK'EM, inappropriate, obscene, vulgar, unlawful, or otherwise objectionable (hereinafter, “Prohibited Content”). Posting of any Prohibited Content, in addition to any and all other rights and remedies available to PICK'EM, may result in account suspension or termination.
We respect your ownership of User Submissions. If you owned a User Submission before providing it to us, you will continue owning it after providing it to us, subject to any rights granted in the Terms of Use and any access granted to others. If you delete a User Submission from the Services, our general license to that User Submission will end after a reasonable period of time required for the deletion to take full effect. However, the User Submission may still exist in our backup copies, which are not publicly available. If your User Submission is shared with third parties, those third parties may have retained copies of your User Submissions. In addition, if we made use of your User Submission before you deleted it, we will continue to have the right to make, duplicate, redistribute, and sublicense those pre-existing uses, even after you delete the User Submission. Terminating your account on a Service will not automatically delete your User Submissions.
We may refuse or remove a User Submission without notice to you. However, we have no obligation to monitor User Submissions, and you agree that neither we nor our parents, subsidiaries, affiliates, employees, or agents will be liable for User Submissions or any loss or damage resulting from User Submissions.
Except as provided in the Privacy Policy, we do not guarantee that User Submissions will be private, even if the User Submission is in a password-protected area. Accordingly, you should not provide User Submissions that you want protected from others.
You represent and warrant that you have all rights necessary to grant to PICK'EM the license above and that none of your User Submissions are defamatory, violate any rights of third parties (including intellectual property rights or rights of publicity or privacy), or violate applicable law.

ARBITRATION, CONSENT TO JURISDICTION IN CALIFORNIA, ATTORNEY’S FEES

Any and all disputes, claims or controversies arising out of or relating to this Agreement, the breach thereof, or any use of the Website (including all commercial transactions conducted through the Website) (“Claims”), except for claims filed in a small claims court that proceed on an individual (non-class, non-representative) basis, shall be settled by binding arbitration before a single arbitrator appointed by the American Arbitration Association (“AAA”) in accordance with its then governing rules and procedures, including the Supplementary Procedures for Consumer-Related Disputes, where applicable. IN AGREEING TO ARBITRATE ALL CLAIMS, YOU AND PICK'EM WAIVE ALL RIGHTS TO A TRIAL BY JURY OR JUDGE IN ANY ACTION OR PROCEEDING INVOLVING ANY CLAIM HEREUNDER INCLUDING ANY CLASS ACTION. The arbitration shall be held in Los Angeles County, California, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. This arbitration undertaking is made pursuant to and in connection with a transaction involving interstate commerce, and shall be governed by and construed and interpreted in accordance with the Federal Arbitration Act at 9 U.S.C. Section 1, et seq. This arbitration provision shall survive termination of this Agreement. Subject to the limitations set forth below, the arbitrator shall have authority to award legal and equitable relief available in the courts of the California, provided that:
The arbitrator shall not have authority to award punitive damages; and
Any and all claims shall be arbitrated on an individual basis only, and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party. You and PICK'EM agree that the arbitrator shall have no authority to arbitrate any Claim as a class action or in any other form other than on an individual basis.
For any Claims that are not subject to arbitration: (a) the exclusive jurisdiction and venue for proceedings involving Claims shall be the courts of competent jurisdiction sitting within Los Angeles County, California (the “Forum”), and the parties hereby waive any argument that any such court does not have personal jurisdiction or that the Forum is not appropriate or convenient; (b) you and PICK'EM waive any and all rights to trial by jury with respect to any Claims.
In the event that either party initiates a proceeding involving any Claim other than an arbitration in accordance with this Section, or initiates a proceeding involving a Claim under this Section other than in the Forum, the other party shall recover all attorneys’ fees and expenses reasonably in- curred in enforcing this Agreement to arbitrate and the Forum to which the parties have herein agreed.

MISCELLANEOUS

These Terms of Use shall be governed by the internal substantive laws California, without respect to its conflict of laws principles. Any claim or dispute between you and PICK'EM that arises in whole or in part from the Terms of Use, the Website or any Contest shall be decided exclusively by a court of competent jurisdiction located in Los Angeles, California.
Nothing in the Terms of Use shall create or confer any rights or other benefits in favor of any third parties except as specifically provided herein. By participating in any Contest on the Website, you agree to indemnify, protect, defend and hold harmless PICK'EM, its parents, subsidiaries, affiliates and divisions, and their respective directors, officers, employees, agents and representatives (the “PICK'EM Entities”), from and against any and all third-party claims, liabilities, losses, damages, injuries, demands, actions, causes of action, suits, proceedings, judgments and expenses, including reasonable attorneys’ fees, court costs and other legal expenses including, without limitation, those costs incurred at the trial and appellate levels and in any bankruptcy, reorganization, insolvency or other similar proceedings, and any other legal expenses (collectively, “Claims”) arising from or connected with your use of the Website, any payment methods used, any funding of your account, and/or your participation in any Contest. The Website may contain links to third party websites that are not owned or controlled by PICK'EM. PICK'EM has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, PICK'EM will not and cannot censor or edit the content of any thirdparty site. By using the Website, you expressly relieve PICK'EM from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each other website that you visit.
Nothing in the Terms of Use shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between you and PICK'EM.
No professional or amateur sports league or any team associated with any professional or amateur sports league is associated with PICK'EM or in any way affiliated or associated with the Contests.
Third-party online publishers that refer users to the PICK'EM website shall not be responsible or liable for the PICK'EM website or any of the content, software, or functions made available on, or accessed through, or sent from, the PICK'EM website.
If any provision of these Terms of Use 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 of Use, which shall remain in full force and effect.
No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and PICK'EM’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
PICK'EM reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. If you continue to use the Services after we change the Terms of Use, you accept all changes. The failure of PICK'EM to comply with any provision of these Terms of Use due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of the Company (excepting compliance with applicable codes and regulations) or other event will not be considered a breach of these Terms of Use.
PICK'EM AND OTHER TRADEMARKS CONTAINED ON THE WEBSITE ARE TRADEMARKS OR REGISTERED TRADEMARKS OF PICK'EM IN THE UNITED STATES AND/OR OTHER COUNTRIES. THIRD PARTY TRADEMARKS, TRADE NAMES, PRODUCT NAMES, AND LOGOS MAY BE THE TRADEMARKS OR REGISTERED TRADEMARKS OF THEIR RESPECTIVE OWNERS. YOU MAY NOT REMOVE OR ALTER ANY TRADEMARK, TRADE NAMES, PRODUCT NAMES, LOGO, COPYRIGHT OR OTHER PROPRIETARY NOTICES, LEGENDS, SYMBOLS OR LABELS ON THE WEBSITE.

MOBILE APPLICATION

These Terms of Use shall also apply to the use of the PICK'EM Mobile Application. These Terms of Use are intended to be in addition to the End User License Agreement (TBD) for the Mobile Application, and to the extent any of these Terms of Use conflict with the End User License Agreement, these Terms of Use shall be deemed to apply and the conflicting provision in the End User License Agreement shall not be applicable. Any reference to the Website in these Terms of Use shall also be deemed to include the Mobile Application.

LOGOS

Some of the information on this site is obtained from nfl.com, nba.com, mlb.com and nhl.com who are in no way affiliated with PICK'EM. All team names and logo designs are registered trade- marks of the teams indicated. All professional organization shield designs (NFL, NBA, MLB or NHL) are registered trademarks of each organization.

TRADEMARKS

Any and all of the trademarks, service marks, collective marks, design rights or similar rights that are mentioned, used or cited on the Website are the property of their respective owners. Sports Team History is neither endorsed by nor affiliated with any of the holders of any such rights and as such PICK'EM cannot grant any rights to use any otherwise protected materials.

MISCELLANEOUS

Nothing in the Terms of Use shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between you and PICK'EM. By submitting an Entry (defined below) each participant agrees that he or she has reviewed and accepts these rules (“Rules”) and the Privacy Policy and Terms of Use. Each Participant agrees to abide by these Rules and the decisions of the PickEm.com which are final and binding in all respects.