Rules

3pak™ Contest Rules

The 3pak™ contests (collectively, the “Contests”), made available by and through the 3pak™ Mobile Application (“App”), and 3pak™ websites located at www.play3pak.com (collectively, the “Site”), are owned and operated by SPI, LLC (“3pak™,” “we,” “our” or “us”). These 3pak™ Contest Rules (the “Contest Rules”), as well as the terms, conditions and Contest features that apply to each Contest individually as made available on the registration page (“Lobby Page”) applicable to each Contest (the “Lobby Rules” and together with these Contest Rules, the “Rules”), shall govern your ability to earn Prizes (as defined below) in connection with your participation in the Contests as a contestant (“Entrant”). Capitalized terms that are used but not defined herein shall have the meanings set forth in the 3pak™ Mobile Application End- User License Agreement and Website Terms and Conditions (“Terms”). 3pak™ is not associated with Apple, Inc. Apple is not a sponsor of, or involved in any way with, 3pak™ contests.

 

3pak™ Agreements

In addition to the Rules, the Contests and each Entrant’s participation in the Contests, shall be governed by all applicable 3pak™ agreements including, without limitation, the Terms, the 3pak™ Privacy Policy and the FAQs page made available on the Site and through the App (collectively, “3pak™ Agreements”). The Rules are hereby incorporated into the 3pak™ Agreements, and any and all terms and conditions contained therein shall apply to the Rules. Where there is a conflict between the terms and conditions of the Rules and those of the 3pak™ Agreements, to the extent that they apply to a Contest, the Rules shallgovern in all respects.

Please review the Rules, and all applicable 3pak™ Agreements, carefully, prior to participating in a Contest. If you do not agree to the terms of the Rules, and all applicable 3pak™ Agreements, in their respective entirety, you are not authorized to become an Entrant in any Contest.

 

Eligibility

The Contests are available only to individuals that: (a) are legal residents of, and that physically reside in, the United States (with restrictions applying to residents of the States of Arizona, Iowa, Louisiana, Michigan, Montana, North Dakota, Tennessee, Vermont and Washington, as well as Puerto Rico and where otherwise prohibited by law) (collectively, the “Restricted Territories”); (b) are at least: (i) eighteen (18) years of age, or nineteen (19) years of age for residents of Alabama and Nebraska; or (ii) the age of majority in their respective jurisdictions at the time of entry, if the age of majority is greater than eighteen (18) years of age; (c) can enter into legally binding contracts under applicable law; (d) are not an employee of 3pak™ or any other daily, weekly, monthly, season-long or other fantasy sports provider, nor a member of any such employee’s immediate family (nor living in such employee’s household); and (e) are not associated with a professional athlete or professional sports team featured in any Contest in a way that creates, or could create, an unfair advantage in any Contest. Residents of the Restricted Territories may only participate in the Free Contests (as defined below).

WITHOUT LIMITING THE FOREGOING, AND WITHOUT EXCEPTION, ALL PROSPECTIVE ENTRANTS ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR ENSURING THAT PARTICIPATION IN A CONTEST IS NOT PROHIBITED BY ANY LAW APPLICABLE TO THAT PROSPECTIVE ENTRANT’S RESIDENT JURISDICTION.

In order to become an Entrant in a Contest, you must either be a registered User, or submit a registration form by and through the Site and/or App in order to apply to become a User. 3pak™ reserves the right, in its sole discretion, to deny access to the Contests to anyone at any time and for any reason, whatsoever. The registration data that you must supply in order to become a registered User, and then an Entrant in a Contest, may include, without limitation, your: (i) full name; (ii) e-mail address (including the e-mail address associated with your PayPal® account); (iii) billing/mailing address; (iv) date of birth; (v) credit card information (where selected as your preferred payment method); (vi) Social Security Number (for Prize winners); (vii) picture proof of identification, which may include a driver’s license, passport, votingcard or similar government issued identification (for Prize winners); and/or (viii) any other information requested on the applicable form.

In seeking to register an account on the Site and/or by and through the App (“Account”), you are representing to us that you are of sufficient age and not legally resident, or physically located in, a Restricted Territory and you agree to provide us, upon request, with such documentation as we may require from time-to-time to verify your age, identity and residency status. You acknowledge and agree that failure to provide any such documentation within a timely fashion may result in the suspension or termination of your Account, as well as forfeiture of any applicable Prizes awarded to you, without notice.

Only one (1) Account, and one (1) entry in each Contest, is allowed per person; provided, however, that 3pak™ may permit multiple entries in a single Contest by the same person where such allowance is set forth in the Lobby Rules.

3PAK™ IS NOT RESPONSIBLE FOR ATTEMPTED CONTEST AND/OR ACCOUNT REGISTRATIONS THAT ARE LOST, LATE, ILLEGIBLE, MISDIRECTED, DAMAGED, INCOMPLETE OR INCORRECT, OR FOR YOUR FAILURE TO PARTICIPATE IN, OR COMPLETE, A CONTEST. IF YOU FAIL TO ENTER A CONTEST INCLUDING, WITHOUT LIMITATION, WHERE YOU CANNOT ACCESS THE SITE AND/OR APP FOR ANY REASON WHATSOEVER, YOU WILL NOT BE ABLE TO PARTICIPATE IN THAT PARTICULAR CONTEST.

 

Necessary Equipment

You shall be responsible, at all times, for ensuring that you have an Internet connection, computer/mobile device and/or other equipment necessary to access the Contests. 3pak™ does not guarantee the quality, peed or availability of the Internet connection associated with your mobile device and/or computer. 3pak™ does not guarantee that the Contests can be accessed: (a) on all mobile devices; (b) through all wireless service plans; (c) in connection with all Internet browsers; and/or (d) in all geographical areas. Standard messaging, data and wireless access fees may apply to your use of the App. You are fully responsible for all such charges and 3pak™ has no liability or responsibility to you, whatsoever, for any such charges billed by your wireless carrier.

 

Contests

General:

  • Each Contest may contain certain terms, conditions and restrictions, as set forth in the applicable Lobby Rules, including, without limitation: (a) the minimum/maximum number of Entrants who may participate; (b) the Entry Fee (as defined below), Prize amount, and number of winners; (c) whether the Contest is a “3pak” or “6pak” Contest; and (d) the applicable League. Entrants shall be accepted in Contests for which they are eligible on a first-come, first-served basis.
  • All Contests shall be posted on the Site and App as they become available for participation. Posting times may vary depending on the time and day of the first Game (as defined below) applicable to the Contest.
  • Each Contest will involve a set number of individual players (each, a “Player”), as set forth in the Lobby Rules, to be selected by the Entrant. Entrants must choose the applicable minimum number of Players from at least two (2) different Games and three (3) different professional sports teams (each, a “Pro Team”) in a given professional sports league (each, a “League”) in connection with each Contest. Depending on the Lobby Rules, Entrants may be able to change their selected Players up until the applicable Contest’s start time. The exact roster size of Players for each Team in any given Contest will be predetermined and set forth in the applicable Lobby Rules, but usually range between three (3) Players in connection with 3pak Contests and six (6) players in connection with 6pak Contests. If you have not selected the requisite number of Players as of the applicable Start Time, you will not be entered into that Contest. The available Leagues shall be determined by 3pak™ in its sole discretion from timeto- time, and may include some or all of the following: (a) the National Football League® (“NFL®”); (b) Major League Baseball® (“MLB®”); (c) Major League Soccer (“MLS®”); (d) the National Association for Stock Car Auto Racing (“NASCAR®”); (e) the National Basketball League® (“NBA®”); (f) the National Hockey League® (“NHL®”); (g) Premier League® soccer; and/or (h) the Professional Golfers Association of America (“PGA®”).
  • Each Entrant’s Player selections shall be referred to as her/his “Team” for purposes of the Rules.

IT IS PROHIBITED FOR TWO (2) OR MORE ENTRANTS TO COLLABORATE DURING A CONTEST OR TO ADOPT A STRATEGY (BEFORE OR DURING A CONTEST) IN ORDER TO GAIN AN ADVANTAGE OVER, AND/OR TO DISADVANTAGE, OTHER ENTRANTS.

National Football League® and NFL® are registered trademarks of the National Football League. Major League Baseball® and MLB® are registered trademarks of Major League Baseball Properties, Inc. Major League Soccer and MLS® are registered trademarks of Major League Soccer, LLC. The National Association for Stock Car Auto Racing and NASCAR® are registered trademarks of the National Association for Stock Car Auto Racing. The National Basketball Association® and NBA® are registered trademarks of NBA Properties, Inc. The National Hockey League® and NHL® are registered trademarks of the National Hockey League. Premier League® is a registered trademark of Football Association Premier League Limited. The Professional Golfers Association of America and PGA® are registered trademarks of the Professional Golfers Association of America. Please be advised that 3pak™ is not in any way affiliated with the National Football League, Major League Baseball Properties, Inc., Major League Soccer, LLC, NBA Properties, Inc. or the National Hockey League, and neither 3pak™ nor the Contests are endorsed or sponsored by any of the foregoing entities.

Entry Fee / Free Contests:

  • In order to enter a paid Contest (“Paid Contest”), you must have enough money in your Account to pay the entry fee required to enter the applicable Contest (“Entry Fee”). You can enter as many Paid Contests as you want, provided that you have sufficient funds in your Account for the applicable Entry Fees (but only one entry per each such Paid Contest). The Entry Fee for each Contest shall be set forth in the Lobby Rules. Each Entrant’s Account will be debited the applicable Entry Fee when she/he completes her/his Player selections. You can deposit money into your Account via either PayPal® or a credit/debit card. Charges will appear on your PayPal® statement or credit/debit card statement, as applicable, through the identifier “3pak”. OTHER THAN AS EXPRESSLY SET FORTH HEREIN, ALL ENTRY FEES ARE NON-REFUNDABLE.
  • The Entry Fee and Prize amounts are quoted in U.S. Dollars and are payable in U.S. Dollars. Subject to the conditions set forth herein, you agree to be bound by the Billing Provisions of 3pak™ in effect at any given time. Upon reasonable prior written notice to you (with e-mail sufficing), 3pak™ reserves the right to change its Billing Provisions whenever necessary, in its sole discretion. Continued participation in the Contests after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the Billing Provisions shall not apply to any chargesincurred prior to the applicable amendment or modification.
  • 3pak’s™ authorization to bill for Account deposits and Entry Fees is obtained by way of your electronic signature. Once an electronic signature is submitted, the electronic order constitutes an electronic letter of agency. 3pak’s™ reliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively. Both laws specifically preempt all state laws that recognize only paper and handwritten signatures.
  • 3pak™ may offer free Contests from time-to-time which do not require any Entry Fee to enter and which may, or may not, offer an associated Prize to the applicable winner(s) (“Free Contests”). You can enter as many Free Contests as you want.

Contest Duration and Start Time / Withdrawal:

  • Contests may vary in duration from start to finish and may last multiple days, one (1) week or such other interval, as determined by 3pak™ in its sole discretion (“Contest Duration”); provided, however, that the Contest Duration may also be referred to in the Rules as a “Game Day.” By way of example, a Game Day for the NFL® may include all Games played on Thursday, Saturday, Sunday and Monday during the official “week” as designated by the NFL® (as set forth in the applicable Lobby Rules).
  • Each Contest’s start time (“Start Time”) shall be set forth in the applicable Lobby Rules, and shall generally correspond to when the first official game in the applicable League (“Game”) for the designated Game Day is scheduled to commence. Contests are designed to close, and Teams are designed to lock, at the scheduled Start Time of the Contest.
  • You may withdraw an entry from a Contest at any point up until the scheduled Start Time. If you withdraw an entry from a Contest prior to the scheduled Start Time, the Entry Fee associated with that entry, if any, will be credited back to your Account.
  • Where a Contest does not attract the requisite number of Entrants, the Contest may be canceled and all Entry Fees shall be refunded to the Accounts of the applicable Entrants that had already joined the Contest; provided, however, that if the Contest is a “Guaranteed Contest”, that Contest that will occur if at least two (2) Entrants have registered and submitted entries, regardless of whether the Contest has attracted the full amount of allotted entries. Where a Guaranteed Contest does not attract at least two (2) Entrants, the Guaranteed Contest shall be canceled and the Entry Fee(s) shall be refunded to the account of the applicable Entrant that had already joined the Guaranteed Contest, if any.

Player Selection / Teams:

  • Salary Cap Drafts: Upon entering a Contest, each Entrant will be allotted a certain amount of fictitious money (“Draft Money”), with the total allotted Draft Money equaling the salary cap for the applicable Contest (“Salary Cap”). Each Entrant can use the Draft Money to acquire Players from the applicable League and assign those Players to her/his Team during the draft associated with that Contest (“Draft”). Each Player available for selection during the Draft will be assigned certain salaries (or, the amount of Draft Money it will require Entrants to spend to acquire each such Player during the Draft) which shall be determined in 3pak’s™ sole discretion, based on Player popularity, as well as historical statistics, with seasonal statistics weighted more heavily. Any and all available Players can be selected during the Draft by multiple Entrants. Each Entrant must select enough Players at the applicable positions to fill out her/ his Team’s roster, while staying within the Salary Cap; provided, however, that certain Contest-types will permit Entrants to select multiple Players that play the same position. Players will be assigned to the position which they play most often, as determined by 3pak™ in its sole discretion. Some Players do play multiple positions in real life, but you may only draft them onto your Team using the position listed on the Site. Entrants may make changes to their Teams up until the applicable Contest Start Time.

TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, 3PAK™ IS NOT RESPONSIBLE FOR PLAYER SELECTIONS THAT ARE LOST, LATE, ILLEGIBLE, MISDIRECTED, DAMAGED, INCOMPLETE OR INCORRECT. IF YOU FAIL TO SELECT THE REQUISITE NUMBER OF PLAYERS INCLUDING, WITHOUT LIMITATION, WHERE YOU CANNOT ACCESS THE SITE AND/OR APP FOR ANY REASON WHATSOEVER, YOU WILL NOT BE ABLE TO PARTICIPATE IN THAT CONTEST AND YOUR ENTRY FEE IS SUBJECT TO FORFEITURE.

Points:

  • Each Entrant will earn Contest points based on the performance, during the applicable Contest Duration, of the Players that were on her/his Team for the applicable Contest (“Points”), as per the specific League scoring system, as set forth in the Lobby Rules.

ALL DETERMINATIONS WITH RESPECT TO POINTS WILL BE MADE IN 3PAK’S™ SOLE AND ABSOLUTE DISCRETION, AND WILL BE FINAL AND BINDING ON ALL PARTIES INVOLVED.

Tallying Points / Statistics:

  • 3pak™ will be responsible for tallying the Points for each Contest based on the reporting of Player performance, as compiled by 3pak’s™ third-party statistics providers and as provided by the applicable League during the applicable Contest Duration. Please be advised that during the Contests, 3pak™ receives live scoring from its third-party statistics providers. Live scoring statistics that appear during a Contest are subject to change by the applicable League after the conclusion of the applicable Game Day. Please be advised that, even in the event of a change to the statistics by the applicable League after the conclusion of the applicable Game Day, the applicable Player’s Points on the Site and App will not be updated and the Contest outcomes will not be revised. Please note that where a correction needs to be made after the conclusion of a Game Day due to a problem with the statistics feed, the Contest outcome (including payment of Prizes) may be reversed and Contests resettled correctly.

ALL DETERMINATIONS WITH RESPECT TO POINTS, PROJECTED POINTS, WINNERS AND PRIZES WILL BE MADE IN 3PAK’S™ SOLE AND ABSOLUTE DISCRETION, AND WILL BE FINAL AND BINDING ON ALL PARTIES INVOLVED.

Single Winner Contests:

  • Where the Lobby Rules indicate that the Contest will have a single winner, the Entrant with the most Points at the end of the Contest Duration will be deemed the winner of that Contest. The winner of the Contest will receive the cash, merchandise and/or other form of prize specified in the applicable Lobby Rules (the “Prize”). If two (2) or more Entrants finish in a tie with the top Point total at the end of the Contest Duration, the Prize amount shall be divided equally amongst all winners.

Contests with Multiple Winners:

  • Where the Lobby Rules indicate that the Contest will have multiple winners, the designated number of Entrants with the most Points at the end of the Contest Duration will be deemed the winners of that Contest, and the Prize totals shall be assigned to each winner depending on what place she/he finished. In the event that two (2) or more Entrants finish in a tie for any of the winning Point totals at the end of the Contest Duration: (a) the Prize amounts shall be divided equally amongst all winners with the same Point total as if each were a winner of that tier’s Prize, as well as the Prize(s) for the next tier or tiers in cases where the Prize is a cash prize; and (b) in cases where the Prize is a merchandise or non-cash Prize, one (1) or more tie-breakers will be set forth in the Lobby Rules prior to the applicable Contest Start Time. For example, if 1st, 2nd and 3rd place in a given Contest includes Prizes of $500, $300 and $100, respectively, and two (2) Entrants tie for first place, then those two (2) Entrants shall receive $400 each ($500 + $300 divided by 2), and the Entrant that finished in 3rd place shall receive $100 (with no 2nd place Prize winner).

Withdrawals / Taxes:

  • Subject to the requirements set forth herein, the Prizes will be credited to the winners’ Accounts. Prize winnings may be withdrawn from your Account, at your option, and will be paid via the same method that the Entrant used to deposit money to her/his Account; provided, however, that certain bonus Prizes, registration bonuses and other free money giveaways, as offered by 3pak™ from time-to-time, may be subject to certain withdrawal restrictions.
  • All taxes associated with winning a Contest and/or receipt of a Prize are the sole responsibility of the applicable winner/Prize recipient. 3pak™ may contact you to obtain your Social Security Number or other personal information for tax purposes. Without limiting the foregoing, any request for withdrawal from your Account that brings your total earnings (withdrawals less deposits) to an amount over Six Hundred Dollars ($600.00) for any calendar year will require that you provide us with a valid street address and Social Security Number prior to processing. This information will be used by us to file a form 1099-MISCat the end of the year.

 

Multiple Accounts

Each Entrant is allowed one (1) Account. Penalties for utilizing more than one (1) Account without prior authorization from 3pak™ will be assessed in 3pak’s™ sole discretion, and may include closure of all applicable Accounts and forfeiture of any Prize amounts that 3pak™ determines to have been fraudulently obtained.

 

Suspended Accounts

There are a variety of behaviors that may be deemed by 3pak™ to be detrimental to 3pak™ Offerings and other Entrants utilizing the 3pak™ Offerings. Engaging in those behaviors may result in suspension of some or all functions associated with your Account, including forfeiture/recall of any Prize amounts, as determined by 3pak™ in its sole discretion. Suspended players are expected to respect the disciplinary actions imposed by 3pak™.

 

User Names

3pak™ may require Users to change their user names in cases where the subject user names are offensive or promote commercial ventures. Any determination that a user name must be changed shall be made in 3pak’s™ sole discretion, and if requests are ignored, 3pak™ may unilaterally change a User’s user name.

 

Canceled / Postponed Games

If a Game played during the applicable Contest Duration is canceled prior to the Game’s commencement, the Game will not be included in the Contest and any applicable Players shall not be eligible to generate Points.

 

Suspended / Shortened Games

A Game will be considered suspended if it is unfinished, due to weather, time considerations or other intervening factor, but is either deemed to be an official game by the applicable League or is scheduled to be completed in the future. If a Game is suspended or shortened for any reason, the Player statistics compiled prior to the end of the applicable Game Day will count toward the applicable Contests; provided, however, that any Points generated on a later date when the suspended Game is completed will not be included in the applicable Contests.

 

Indemnification

You agree to indemnify and hold 3pak™, its parents and subsidiaries, and each of their respective members, officers, directors, shareholders, employees, agents, co-branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party related to or arising out of: (a) your participation in a Contest in any way, whatsoever; (b) your breach of the Rules or any other 3pak™ Agreement; (c) any dispute between you and any other Entrants, Users and/or third parties; (d) any claim that 3pak™ owes any taxes in connection with your participation in a Contest; and/ or (e) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of 3pak™, its parents and subsidiaries, and each of their respective members, officers, directors, shareholders, employees, agents, co-branders, content licensors and/or other partners. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

 

Access to the 3pak™ Offerings

While we try to ensure that the 3pak™ Offerings are functioning smoothly at all times, like any online service, we may periodically experience periods of outage or slow performance. These can sometimes result in, among other things, an inability to access the 3pak™ Offerings, problems editing Teams and/ or problems entering new Contests. If you are unable to access the 3pak™ Offerings, please report the problem by emailing us at: support@spinvestment.net. If there are sustained periods where Users are unable to access the 3pak™ Offerings, or are otherwise prevented from editing Teams, we may provide instructions on how to cancel any affected Contest entries.

 

Contest Cancellation

3pak™ reserves that right to cancel any Contests in our sole discretion, for any reason and without restriction. These reasons may include, without limitation: (a) where 3pak™ believes that, due to problems with the 3pak™ Offerings or due to events affecting the actual Games, there would be a negative impact on the integrity of the applicable Contest(s); and/or (b) where 3pak™ determines, in its sole and absolute discretion, that such cancellation is necessary or advisable due to any change in or to any law, regulation or legal interpretation thereof affecting the Contests in any way.

 

Modification of the Contest Rules

3pak™ may modify the Rules, in its sole discretion, by posting amended Rules on the Site and App, or by sending an e-mail to the e-mail addresses associated with registered Users. Such notice shall be effective immediately after it is posted or e-mailed, as applicable; provided, however, that no such modification or termination shall affect Prizes that are pending, or that have already been awarded, as of the date of the modification or termination notice, as applicable. If any such modification is unacceptable to you, your only recourse is to cease participating as an Entrant.