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.
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.
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.
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.
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:
Contest Duration and Start Time / Withdrawal:
Player Selection / Teams:
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.
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:
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:
Contests with Multiple Winners:
Withdrawals / Taxes:
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.
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™.
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.
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.
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.
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.
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: email@example.com. 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.
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.
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.