Pick'em Pays Terms of Use and Official Rules

IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 16.

NO PURCHASE NECESSARY TO PLAY OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.

Pick'em Pays is not associated with Apple, Inc. Apple is not a sponsor of, or involved in any way with Pick'em Pays.

ACCEPTANCE OF TERMS: The Pick’em Pays website PickemPays.com (“Site”) and app (collectively, the “Service” or “Pick’em Pays”) which includes all of the text, images, audio, code and other material they contain or provide (collectively, the “Content”) and all of the features, contests and other services they provide are owned and operated by Canyon Point Ventures, LLC DBA Pick’em Pays (the “Company,” and “Pick’em Pays”). Please read these terms of use carefully before using the Service. By using or otherwise accessing the Services, or clicking to accept or agree to these Terms of Use (the “Terms” or “Terms of Use”) where that option is made available. By accessing the Site you: (1) accept and agree to these Terms and our additional Rules and Scoring system (as defined below and explained on the Site); and (2) consent to the collection, use, disclosure and other handling of information as described in our Privacy Policy. If you do not agree to all the Terms, then you may not access the Site or use the Content or Services. Pick’em Pays may issue additional terms, rules and conditions of participation in particular promotions. You agree to be subject to them if you participate in such promotions.
ELIGIBILITY: Pick’em Pays (the “Challenge”) is open only to legal residents of the fifty (50) United States and Washington, D.C., who are thirteen (13) years or older, or age of majority in their jurisdiction, whichever is older, as of the first day of the Daily Challenge (defined below), and are registered members of Pick’em Pays. Registration is free and is further described below. If prize total prize value for an individual Challenge is more than $5,000, residents of New York and Florida are not eligible to participate. This Challenge is void where prohibited or restricted by law and subject to all applicable federal, state, local and municipal laws and regulations. If you do not meet the eligibility requirements of this section, then you are not authorized to use the Service.
SPONSOR: The Challenge is sponsored by Pick’em Pays, 1411 Laguna Avenue, Burlingame, CA 94010.
ACCEPT OFFICIAL RULES: Participation constitutes entrant’s full and unconditional agreement to these official rules (the “Official Rules”) and to Sponsor’s (defined herein) decisions. The decisions of the Sponsor in regards to all matters of this Challenge are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein.
ENTRY PAGE: To access the Challenge, log-on to the Site at http://www.pickempays.com or via our app, named Pick’em Pays. Getting the app is free. You may establish, maintain, use and control only one account on the Service. In the event Pick’em Pays determines that you have opened, maintained, used or controlled more than one account, in addition to any other rights that Pick’em Pays may have, Pick’em Pays reserves the right to suspend or terminate any or all of your accounts and terminate, withhold or revoke the awarding of any prizes.
PICK’EM PAYS REGISTRATION: To play the Challenge, you must be a registered member of Pick’em Pays. Registration is free. By registering as a user of the Service, you agree to provide accurate, current and complete information about yourself as prompted (such information being the “Registration Data”) and maintain and promptly update the Registration Data to keep it accurate, current and complete. If you provide any information that is inaccurate, not current or incomplete or Pick’em Pays has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, Pick’em Pays may deny you access to areas requiring registration, or terminate your account, at its sole discretion.
In order to use Pick’em Pays, you must sign in using your Facebook login. If you do so, you authorize us to access and use certain Facebook account information, including but not limited to your public Facebook profile and information about Facebook friends you might share in common with other Pick’em Pays users. For more information regarding the information we collect from you and how we use it, please consult our Privacy Policy. You will also be asked if you wish to receive promotional emails or offers. You do not need to consent to receive these emails or offers in order to become a member. Even if you consent, you may subsequently opt-out of receiving such emails or offers by clicking on the “unsubscribe” link on any email or by unchecking the subscribe box under your email within your account settings.
Survey Questions or Promotional Email. You may be asked to answer survey questions or to consent to receive promotional emails or offers. This is optional. You are not required to answer questions or to give consent to receive such emails or offers in order to be eligible to play in or win the Challenge.
Password. You are responsible for the secrecy of your password. Sponsor or other third parties are not responsible or liable for any actions taken using your password.
Pick’em Pays may require you to provide proof that you are eligible to participate. This includes by requesting that you fill out an affidavit of eligibility. To the extent Pick’em Pays requests that you fill out such an affidavit and you fail to do so within 5 days, or Pick’em Pays otherwise determines that you do not meet the eligibility requirements of this section, in addition to any rights that Pick’em Pays may have in law or equity, Pick’em Pays reserves the right to terminate your account and withhold or revoke the awarding of any prizes associated with such account. In such a situation, Pick’em Pays will pay out any withheld or revoked prizes to the other entrants in the relevant challenges in a manner consistent with the prize structure of the challenges, to be precisely determined by Pick’em Pays in its sole discretion.
TIMING: The Challenge begins on September 1, 2016 at approximately 6:00 a.m. Pacific Time (“PT”) and ends on December 31, 2017 at approximately 11:59pm PT (the “Challenge Period”). Each challenge during the Challenge Period will be a separate independent game (each a “Daily Challenge”). Daily Challenges will be broken down by sport. Pick’em Pays will determine on which days and for which sports there will be Daily Challenges; these Daily Challenges will be listed within the Service. The timeframe for each new Daily Challenge will be listed within the Service.
GAMBLING PROHIBITION: This Challenge is strictly for entertainment purposes and may not be used in connection with any form of gambling. This Challenge is not to be considered a contest subject to odds or any type of random selection of winners.
HOW TO PARTICIPATE.
Log on during the Challenge Period and complete your entry by selecting and ranking the listed matchups as well as entering the tiebreaker field on the “Make Picks” page.
Limit. THREE (3) ENTRIES PER DAILY CHALLENGE (i) PER PERSON (REGARDLESS OF THE NUMBER OF EMAIL ADDRESSES OR REGISTERED MEMBER ACCOUNTS), or (ii) PER EMAIL ADDRESS (REGARDLESS OF WHETHER MORE THAN ONE PERSON USES THE SAME EMAIL ADDRESS).
Void. Use of any automated system (e.g., robots, automatic, macro, programmed or like entry methods) is prohibited. Any attempt by any entrant to use an automated system or to obtain more than two(2) entries by using multiple/different email addresses, identities or any other methods, will void all of that entrant’s entries, and render that person ineligible to receive any of the prizes. Entry materials/data that have been tampered with or altered are void.
Change of Email Address. It is the sole responsibility of the entrant to notify the Sponsor during the Challenge Period if his or her e-mail address changes. To do so, click on the “My Account” link within the Service and update your email address.
Entry Errors.
Sponsor is not responsible for lost, late, incomplete, damaged, stolen, invalid, unintelligible or misdirected entries, which will be disqualified.
Sponsor is not responsible for any unavailability of or interruptions to any service or equipment used in connection with the Challenge, including without limitation (1) interruptions to any network, server, Internet, website, telephone, satellite, computer or other connections (2) failures of any telephone, satellite, hardware, software or other equipment, (3) garbled, misdirected or jumbled transmissions, or traffic congestion, or (4) other errors of any kind, whether human, technical, mechanical or electronic, or (5) the incorrect or inaccurate capture of entry or other information or the failure to capture any such information.
No Return of Entries. Once submitted, entries become the sole property of Sponsor and will not be acknowledged or returned. In the event of a dispute as to any entry, entry will be awarded to the person named on the applicable entry page. Potential winners may be required to show proof of identification. Sponsor may require that the potential winner provide proof that he/she is the actual entrant and/or provide the password associated with the winning entry.
HOW TO MAKE PICKS: On your “Make Picks” page you are challenged to select the outcome for a list of matchups between teams while factoring in spreads. Spreads can move and will not lock until games start; so the spread for each game will be the same across all entries. The spreads will be pulled in from an independent third party source. You will also rank your selected outcomes based on your confidence level from highest confidence (most points) to your lowest confidence (fewest points) outcomes. Each confidence level will be associated with a certain number of points. If your team beats the spread, you will receive the number of points associated with your confidence level for that game as well as the number of points the winning team has beaten the spread by divided by ten (10) and multiplied by the confidence points associated with that pick. If your team loses, you will receive zero (0) points and also receive negative points for the number of points your team has lost by that is greater than the spread divided by ten (10) and multiplied by the confidence points associated with that pick. If there is a push because the game ended in a tie as a result of the spread, you will earn half of the confidence points. For example, if there are the following 6 matchups and you choose to rank and select the teams as such:
Scenario
Confidence Points
Home Team/Spread
Away Team/Spread
Final Score
Resulting Points
1
60
SF 49ers / -7
Seattle Seahawks /+7
24-13
84 = 60+(4/10)*60
2
50
NE Patriots / -3
Denver Broncos / +3
38-35
25 = (50 ÷2)
3
40
SD Chargers /-10
Oakland Raiders / +10
20-25
100 =40+(15/10)*40
4
30
Baltimore Ravens / +2.5
Philadelphia Eagles /-2.5
10-20
-22.5 = 0-(7.5/10)*30
5
20
Atlanta Falcons / +4.5
Miami Dolphins /-4.5
14-16
-5 = 0-(2.5/10*20)
6
10
Dallas Cowboys / -12.5
NY Jets / +12.5
20-14
16.5 = 10+(6.5/10)*10

Total Points
198
In scenario 1, you select the 49ers to win by 7 points, but they win by 11 points. You receive 60 points for choosing the correct team and another 24 points for beating the spread by 4 points (11 point win versus 7 point spread). The 24 is calculated by dividing 4 by 10 and multiplying by 60. This results in a total of 84 points.

In scenario 2, you select the Patriots to beat the Broncos by 3 points and the Patriots win by 3 points which means you’ve pushed or tied as a result of the spread. You receive half of the confidence points that you have associated with that game. In this case, that is 50 points divided by 2 which is 25.

In scenario 3, you select the Oakland Raiders to lose by 10 points, but they end up beating the Chargers by 5 points. You receive 40 points for choosing the correct team and an additional 60 points because the Raiders beat the spread by 15 points (they were supposed to lose by 10, but they won by 5) which is then divided by 10 and multiplied by 40 for a total of 100 points.

In scenario 4, you select the Baltimore Ravens to lose by 2.5 points to the Philadelphia Eagles, but the Ravens lose by 10 points. You receive 0 points for choosing the wrong answer and get negative 22.5 points because they lost by 7.5 more points than they were expected to (10 points minus 2.5 points) which you divide by 10 and multiply by 30. In total, you receive a negative 22.5 points for this selection.

In scenario 5, you select the Miami Dolphins to win by 4.5 points over the Atlanta Falcons, but they only win by 2 points. You receive 0 points for picking the wrong team and an additional negative 5 points because you were 2.5 points away from the expected result of winning by 4.5 points which you then divide by 10 and multiply by 20. As a result, you receive a total of negative 5 points.

In scenario 6, you select the New York Jets to lose by 12.5 points to the Dallas Cowboys, but they only lose by 6. You receive 10 points for choosing the correct winner and an additional 6.5 points because the Jets lost by 6 versus the 12.5 points (12.5 points minus 6 points divided by 10 and multiplied by 10 = 6.5 points) they were supposed to lose by. In total, you receive 16.5 points.

In addition, you will have to enter a numerical answer for a “Tiebreaker” question related to one of the matches.

Listed lock times are based on the expected start time of the first event, but may be changed by the Game Administrator to accommodate late or early starts, or for any other reason, in Sponsor’s sole discretion. If a Daily Challenge is mistakenly left unlocked after the first match has begun, the Game Administrator may lock the event late or cancel the event altogether, in Sponsor’s sole discretion.

All points from your correctly chosen outcomes will be summed together to get your final score. Your final score will be compared to other entrants in the Daily Challenge to determine where you placed and whether you will win a prize. If there are multiple entrants who score the same number of total points, the entrant(s) who comes closest to the actual answer in the “Tiebreaker” question will determine the winners. Additional details below.

Here are examples of matchups between two teams with spreads in parentheses:

NCAA BASKETBALL - UCLA Bruins (-15) at USC Trojans (+15)
NBA BASKETBALL - Golden State Warriors (-10.5) at Miami Heat (+10.5)
NFL - San Francisco 49ers (-7.5) at Oakland Raiders (+7.5)
EUROPEAN SOCCER - Manchester United (+0.5) at FC Barcelona (-0.5)
MLB - San Francisco Giants (-1.5) at Los Angeles Dodgers (+1.5)
Here are examples of “Tiebreakers”:

NFL - Total yards thrown by Tom Brady; Total net yards rushing by Frank Gore; Total yards by San Francisco 49ers
NBA - Total points in Warriors/Lakers Matchup; Total field goals attempted by the Warriors; Total points scored by Warriors starters
SOCCER - Total shots on goal in Manchester United vs FC Barcelona matchup; Total saves by goal keepers in Manchester United vs FC Barcelona matchup
MLB - Total pitches by starting pitchers in SF Giants vs LA Dodgers matchup; Total hits, runs, and errors by Texas Rangers vs Oakland A’s matchup
Matchups may also be cancelled by the Game Administrator for reasons including (but not limited to) player injuries, player absences, or inability to complete the match because of weather or any other reason; if this occurs, the matchup will be listed as “Cancelled”, “Postponed” or “OFF” and scoring will occur as if that matchup did not exist. In all such cases, the Game Administrator’s decision is final, binding and non-appealable.

PRIZES AND TIEBREAKERS:
Daily Prize: Each Daily Challenge will specify the number of entrants who will win and the associated prizes. For example, a Daily Challenge will specify that the top 10 entrants who accumulate the highest point totals during the Daily Challenge (e.g., NFL Oct. 10, 2015) will be considered the Daily Prize winners and receive $5. The winners will be announced on the day after the last matchup of that particular Daily Challenge. In the event that two (2) or more entrants are tied for the Daily Prize in a Daily Challenge, the following tiebreakers will take place in the indicated order:
Entry or entries with the closest numerical number to the “Tiebreaker”.
Entry or entries with the closest numerical number to the “Tiebreaker” without exceeding the “Tiebreaker” outcome.
The prize will be split amongst those tied after the first two tiebreakers above.
Daily Bonus Prize: Each Daily Challenge which has 12 or more matchups is eligible for a Daily Bonus Prize. The Daily Bonus Prize will be specified for eligible Daily Challenges. Any entrants who correctly choose the winner of all matchups and guess the tiebreaker exactly will split the prize. For example, a Daily Challenge will specify that there is a $1,000 Daily Bonus Prize a Daily Challenge (e.g., NFL Oct. 10, 2015). The winner(s) will be announced on the day after the last matchup of that particular Daily Challenge.
POTENTIAL WINNERS:
Verification. ALL POTENTIAL WINNING PLAYS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL. SPONSOR SHALL SOLELY DETERMINE ANY FORM OF VERIFICATION. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY AND THE POTENTIAL WINNING ENTRY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. SPONSOR WILL NOT ACCEPT SCREEN SHOTS, AFFIDAVITS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS. ANY ENTRY THAT OCCURS AFTER THE SYSTEM HAS FAILED FOR ANY REASON MAY BE DEEMED A DEFECTIVE ENTRY AND VOID.
Prize Restrictions. No assignment, transfer, or substitution of prize is permitted, except Sponsor reserves the right to substitute the prize if prize becomes unavailable.
Prize Taxes. All federal, state or other tax liabilities arising from this Challenge are the sole responsibility of the winner.
Pre-Verification. Sponsor may contact entrants via onscreen pop-up notification and/or email sent to the email address with which entrant registered, seeking pre-verification of entrant’s eligibility, and requesting contact information or other information from such entrant.
Prize Notice. Winners will be notified via email (or overnight mail) sent within 30-days following the end of the Daily Challenge. Entrants are responsible for insuring that all mailing and e-mail information is up-to-date and accurate.
Alternate Potential Winners; Disqualification. A potential winner will be disqualified and an alternate potential winner may be selected if (i) he/she does not comply with these Official Rules (or is otherwise determined to be ineligible), (ii) he/she does not respond to the prize notice within ten (10) days of its transmission (or receipt, if mailed), or if the emailed prize notice, after three (3) attempts, is returned as undeliverable, (iii) the person fails to comply with other rules set by the Game Administrator; or (iv) the prize is undeliverable for any reason. If Sponsor notifies, or seeks to deliver a prize to or otherwise attempts to contact an alternate potential winner, and such alternate potential winner is subsequently disqualified then Sponsor shall use its reasonable business judgment to determine, in its sole discretion, the disposition of the prizes (e.g., may choose another alternate potential winner in a manner consistent with these rules or donate the prize to another entity, at its sole discretion).
Releases and Affidavits. As a condition of receiving a prize, potential winners may be required to complete, sign and return an Affidavit of Eligibility, a Liability Release, and, except where prohibited, a Publicity Release, within fifteen (15) days of the date stated on the prize notice.
Publicity. Except where prohibited, participation in this Challenge constitutes entrant’s (and in particular, winner’s) consent to Sponsor and its or their agents’ use of entrant’s name, likeness, voice, opinions and biographical information for publicity, advertising, trade or promotional purposes in any media or manner, now known or hereafter devised, worldwide, without further payment, consideration, notice or approval.
CONDITIONS OF PARTICIPATION:
Conduct. Sponsor reserves the right in its sole discretion, to modify, cancel, terminate, and/or suspend the Challenge and to disqualify any individual who tampers with the entry process, violates these Official Rules, or acts in a disruptive or unsportsmanlike manner. Without limiting the foregoing, Sponsor may lock out an entrant who, in Sponsor’s sole judgment, has been disqualified, has questionable eligibility or is otherwise ineligible to enter. CAUTION: A PERSON WHO ATTEMPTS DELIBERATELY TO UNDERMINE THE LEGITIMATE OPERATION OF THIS CHALLENGE OR TO ALTER OR DAMAGE A WEBSITE MAY BE SUBJECT TO CIVIL AND/OR CRIMINAL PENALTIES AND FINES; AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
Incidents. Without limiting the foregoing, Sponsor may modify, cancel, terminate, and/or suspend the Challenge if, in the Sponsor’s sole opinion, an incident of any kind occurs to corrupt or impair the administration, security, integrity, fairness or play (as intended) of the Challenge, including without limitation: (a) viruses, bugs, unauthorized human intervention, fraud or technical failure; or (b) earthquake, flood, fire, storm or other natural disaster, act of God; or (c) labor controversy or threat thereof, civil disturbance or commotion, disruption of the public markets, war or armed conflict (whether or not officially declared).
Software. You must use the latest version available of the app, software, or website or your entries will be void.
Cancellation. In the event of a cancellation or termination, prizes may be awarded in any manner deemed fair and appropriate by Sponsor.
Release. By participating in this Challenge or receiving a prize, entrants (and in particular, winners) agree to release and to indemnify and hold harmless Sponsor, and each of their respective related companies, and all of its or their company’s officers, directors, employees and agents (collectively, the “Released Parties”) for any liability, injury, death, loss or damages to entrant or any person or entity, including without limitation damage to personal or real property, caused in whole or in part, directly or indirectly, by participation in this Challenge (or related activities) or the acceptance, possession or use/misuse of a prize (including any travel or activity related to the prize).
LIMITATIONS OF LIABILITY: The Released Parties do not make any representation, warranty or guarantee, express or implied, relating to the promotion or prizes, and are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment, hardware, software or programming associated or used with the Challenge; (2) technical errors, defects, delays or failures of any kind, including without limitation malfunctions, interruptions or disconnections in communications lines, Internet or website access, hardware or software; (3) digital or electronic disruptions, e.g., viruses; (4) unauthorized human intervention, e.g., hacking; (5) technical or human error which may occur in connection with any aspect of the Challenge; and (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Challenge, access to, copying or downloading materials from PickemPays.com or any other website, or receipt or use of any prize.
MODIFICATION OF TERMS: Pick’em Pays reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time. The most current version of these Terms will be posted on our Site. You shall be responsible for reviewing and becoming familiar with any such modifications. If a revision to the Terms, in our sole discretion, is material, we will notify you by contacting you through the email address associated with your account. Use of the Services by you after any modification to the Terms constitutes your acceptance of the Terms of Use as modified.
Binding arbitration and class action waiver: PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Our Customer Support Department is available by via email at customerservice(at)pickempays.com to address any concerns you may have regarding the Service. Our Customer Service Department is able to resolve most concerns quickly to our players’ satisfaction. The parties shall use their best efforts through this Customer Service process to settle any dispute, claim, question, or disagreement and good faith negotiations which shall be a condition to either party initiating a lawsuit or arbitration.
Binding Arbitration; If the parties do not reach an agreed upon solution within a period of 30 days from the time informal dispute resolution under the Initial Dispute Resolution provision, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Service shall be finally settled by binding arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the American Arbitration Association (the “AAA”), excluding any rules or procedures governing or permitting class actions.
The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
The Commercial Arbitration Rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at +1.800.778.7879. The arbitration rules also permit you to recover attorney’s fees in certain cases. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
Location; If you are a resident of the United States, arbitration shall be initiated in the County of San Mateo, State of California, United States of America, and you and Pick’em Pays agree to submit to the personal jurisdiction of any federal or state court in San Mateo County, California, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
Class Action Waiver; The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND PICK’EM PAYS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exception - Litigation of Intellectual Property and Small Claims Court Claims; Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
30-Day Right to Opt Out; You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following address: Pick’Em Pays, 1411 Laguna Avenue, Burlingame, CA 94010. The notice must be sent within 30 days of 01/25/2016 or your first use of the Service, whichever is later, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, Pick’em Pays also will not be bound by them.
Changes to this Section; Pick’em Pays will provide 60 days notice of any changes to this section. Changes will become effective on the 60th day, and will apply prospectively only to any claims arising after the 60th day.
For any dispute not subject to arbitration you and Pick’em Pays agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in San Mateo, CA. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
The Terms and the relationship between you and Pick’em Pays shall be governed by the laws of the State of California without regard to conflict of law provisions.
APPLICATION LICENSE: Subject to your compliance with these Terms, Pick’em Pays grants you a limited, revocable, non-exclusive, non-transferable license to download and install a copy of the app on a single device that you exclusively control and to run such copy of the app solely for your own personal use. Pick’em Pays reserves all rights in and to the app not expressly granted to you under these Terms. If you run any version of the app on a jailbroken device, your entries will be invalidated and you will not be eligible to receive a prize. If you have downloaded our app, you agree to promptly download and install any new version that we make available through the iTunes App Store or Google Play store, as applicable. Some new versions may contain updated Terms. Some new versions may contain security fixes and service improvements, whether or not we disclose that they do; accordingly, failure to promptly update your version of the App may in some cases expose you to increased security risks or Service malfunctions. If you do not have the latest version of the Pick’em Pays app, software, or website, your entries will be ineligible.
Additional terms for our iOS app: You acknowledge and agree that (i) these Terms are concluded between you and Pick’em Pays only, and Apple is not a party hereto, and (ii) as between Pick’em Pays and Apple, it is Pick’em Pays that is responsible for the app and the content thereof. You must use the iOS app only on an Apple-branded product that runs iOS. Your use of the app must comply with the terms of use applicable to the Apple source from which you obtain it (including the Usage Rules set forth in the Apple App Store Terms of Service). You acknowledge that Apple has no obligation to furnish you with any maintenance and support services with respect to the app. You acknowledge that Apple is not responsible for addressing any claims you have or any claims of any third party relating to the app or your possession and use of the app, including, but not limited to (i) product warranty or liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; or (iv) claims that the app infringes a third party’s intellectual property rights.
RESTRICTIONS: You are prohibited from transmitting, framing, reproducing, distributing, or copying the Content.
NO ENDORSEMENT: This Challenge is not endorsed by, associated with, or sponsored by, Apple, Facebook, Google, the National Football League (“NFL”), the National Basketball Association (“NBA”), the National Hockey League (“NHL”), Major League Baseball (“MLB”), Major League Soccer (“MLS”), Premier League, Champions League, La Liga, World Cup, the National Collegiate Athletic Association (“NCAA”), its members or partners.
NOTIFICATION; OFFICIAL RULES; WINNERS LISTS: Winners are generally posted on the Service after the conclusion of each challenge by 10 AM PT on the following day. Winners may be requested to return via email or regular mail an affidavit of eligibility, a publicity agreement and appropriate tax forms by a specified deadline. Failure to comply with this requirement can result in disqualification. Any prize notification returned as undeliverable may result in disqualification and selection of an alternate winner. For a copy of the Official Rules and/or list of winners, mail a self-addressed stamped envelope (Residents of VT may omit return postage) to the address below with the specific day and sport you would like the winners list for. Requests must be received within thirty (30) days following the end of the Daily Challenge you are requesting (ie Jan. 31, 2015 if the Daily Challenge occurred on January 1, 2015.
Pick’em Pays

c/o Rules and Winners Lists

14ll Laguna Avenue

Burlingame, CA 94010

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT: Pick’em Pays may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who infringe the intellectual property of others. If you believe that your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, please provide Pick’em Pays’s Copyright Agent a written Notice containing the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Service;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Pick’em Pays

c/o Copyright Infringement

14ll Laguna Avenue

Burlingame, CA 94010

Email: copyright [at] PickemPays [dot] com

To be valid, a Notice must be in writing and must follow the instructions above. You may also use the contact information in this Section to notify us of alleged violations of other intellectual property rights.

GENERAL TERMS: These Terms (and any additional terms, rules and conditions of participation in particular challenges that Pick’em Pays may post on the Service) constitute the entire agreement between you and Pick’em Pays with respect to the Service and supersedes any prior agreements, oral or written, between you and Pick’em Pays. In the event of a conflict between these Terms and the additional terms, rules and conditions of participation in particular challenges, the latter will prevail over the Terms to the extent of the conflict. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The failure of Pick’em Pays to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
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