EPICK™ Contest Rules
The EPICK™ contests (collectively, the “Contests” or “Fantasy Contests”), made available by and through the EPICK™ Mobile Application (“App”) and EPICK™ website located at www.epickfantasy.com (the “Site”), are operated by EPICK Inc. (“EPICK™,” “we,” “our” or “us”). These EPICK™ Fantasy Contest Rules (the “Contest Rules” or “Fantasy Contests Rules”), as well as the Terms of Use and Contest features that apply to each Contest individually as made available in the App, on the Site, on the applicable Contest’s registration page and on other App/Site pages associated with each such Contest (collectively, 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 (“User”). Capitalized terms that are used but not defined herein shall have the meanings set forth in the EPICK™ Mobile Application End-User License Agreement and Website Terms of Use (“Terms”).
PARTICIPANTS IN THE FANTASY CONTESTS GAMES MUST REGISTER AND MAINTAIN AN ACCOUNT WITH EPICK AND ACCEPT THE TERMS OF USE, WHICH IN TURN INCORPORATE AND APPLY TO THESE FANTASY CONTESTS RULES. THESE FANTASY CONTESTS RULES GOVERN AND CONTROL THE FANTASY CONTESTS OFFERED BY EPICK AND ARE CONSIDERED TO BE PART OF THE TERMS. PLEASE NOTE THAT THESE RULES INCORPORATE [SECTION 15] OF THE TERMS, WHICH INCLUDE MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS. ANY CAPITALIZED TERMS NOT EXPRESSLY DEFINED IN THESE FANTASY CONTESTS RULES HAVE THE MEANING SET FORTH IN THE TERMS.
EPICK™ Agreements
In addition to the Rules, the Contests, and each User’s participation in the Contests, shall be governed by all applicable EPICK™ agreements including, without limitation, the Terms of Use, and the EPICK™ Website Privacy Policy (collectively, the “EPICK™ Agreements”). The Rules are hereby incorporated into the EPICK™ 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 EPICK™ Agreements, to the extent that they apply to a Contest, the Rules shall govern in all respects.
Please review the Rules, and all applicable EPICK™ Agreements, carefully, prior to participating in a Contest. If you do not agree to the terms of the Rules, and all applicable EPICK™ Agreements, in their respective entirety, you are not authorized to participate in any Contest.
NOTICE: THE RULES CONTAIN DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY PROVISIONS AND INDEMNIFICATION PROVISIONS. THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THE RULES.
NEW JERSEY STATE RESIDENTS ARE ENCOURAGED TO REVIEW THEIR RIGHTS UNDER THE RULES, AS PROVIDED UNDER THE NEW JERSEY TRUTH-IN-CONSUMER CONTRACT WARRANTY AND NOTICE ACT (“TCCWNA”).
Eligibility/Necessary Equipment
The Fantasy Contests are currently available only to individuals that: (a) are legal residents of, and that physically reside in the following jurisdictions: Alaska, Arkansas, California, District of Columbia, Florida, Georgia, Illinois, Kansas, Kentucky, Minnesota, Nebraska, New Mexico, North Carolina, North Dakota, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Texas, Utah, West Virginia, Wisconsin, and Wyoming (collectively, “Permitted Territories”); (b) are not an employee of EPICK™ 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 (c) are not associated with a professional athlete or professional sports team/league featured in any Contest in a way that creates, or could create, an unfair advantage in any Contest (collectively, “Eligibility Requirements”). If you do not satisfy the Eligibility Requirements, in their entirety, you may not access the Contests.
WITHOUT LIMITING THE FOREGOING, AND WITHOUT EXCEPTION, ALL USERS ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR ENSURING THAT PARTICIPATION IN A CONTEST IS NOT PROHIBITED BY ANY LAW APPLICABLE TO THAT USER’S JURISDICTION OF RESIDENCE.
In order to enter a Contest, you must either be a registered User, or submit a registration Form by and through the App/Site in order to apply to become a registered User. EPICK™ 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, some or all of the following: (i) your full name; (ii) your e-mail address; (iii) your billing/mailing address; (iv) your state/country of residence; (v) your telephone number; (vi) your date of birth; (vii) your credit card information, debit card information and/or bank account information (where you wish to deposit funds into your Account); (viii) your Social Security Number (for Prize winners, as defined below); (ix) your picture proof of identification, which may include a driver’s license, passport, voting card or similar government issued identification (for Prize winners); and/or (x) any other information requested on the applicable form (collectively, “Registration Data”).
In addition to the foregoing, before participating in Paid Contests, Users must complete the know-your-customer (“KYC”) verification process by submitting a valid form of identification (such as a driver’s license, passport, voting card or similar government issued identification).
Further, where we obtain and maintain your consent, the App and Site may use geolocation tracking technology in order to verify your location for purposes of determining whether or not you are eligible to participate in Paid Contests. If you do not permit the App and Site to verify your location, you will not be able to participate in Paid Contests.
You agree to provide true, accurate, current and complete Registration Data and to update your Registration Data as necessary in order to maintain it in an up to date and accurate fashion. EPICK™ will verify and approve all registrants in accordance with its standard verification procedures.
In seeking to register an Account by and through the App and/or Site, you are representing to us that you comply, in full, with all of the Eligibility Requirements and you agree to provide us (and our third-party KYC verification partners, such as Onfido®), 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) Team (as defined below) in each Contest, is allowed per person. You shall be responsible, at all times, for ensuring that you have an Internet connection, computer/Mobile Device, up-to-date Internet browser versions, a functioning e-mail account, applicable software, applicable hardware and/or other equipment necessary to access the Contests. EPICK™ does not guarantee the quality, speed or availability of the Internet connection associated with your Mobile Device and/or computer. EPICK™ 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; or (D) in all geographical areas. Standard messaging, data and wireless access fees may apply to your participation in the Contests through your wireless device. You are fully responsible for all such charges and EPICK™ has no liability or responsibility to you, whatsoever, for any such charges billed by your wireless carrier.
EPICK™ 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 APP AND/OR SITE FOR ANY REASON WHATSOEVER, YOU WILL NOT BE ABLE TO PARTICIPATE IN THAT PARTICULAR CONTEST.
Responsible Gaming
Users should set personal limits regarding Entry Fees in Contests and ensure that they are engaging in responsible Contest-playing behavior. Users shall be permitted to establish monthly Entry Fee limits by using the methods set forth in the "Contact Us" section below ("Monthly Cap"). Where a User has established a Monthly Cap, that User shall not be able to submit an Entry Fee for any Contest where such Entry Fee would cause that User to exceed the Monthly Cap.
If, at any point, a User becomes concerned about the amount of money spent on Entry Fees in the Contests, she/he/it should cease further participation in the Contests. In addition, that User can use her/his/its Account settings to self-exclude for a designated period of time or contact us (using the methods set forth in the “Contact Us” section below) and request same.
Once a User self-excludes, we will block her/his/its Account. Any new Accounts that she/he/it attempts to open during the applicable period of self-exclusion will also be blocked as soon as they are detected. In addition, we will take all reasonable measures to make sure that the User does not receive any promotional material during this time.
EPICK™ also reserves the right to exclude a User in EPICK’s™ sole discretion if EPICK™ determines there is a reasonable risk that the User is not using the Contests responsibly and that User refuses to self-restrict or self-exclude.
If you or a family member have/has the need to receive responsible gaming assistance, please visit these online resources: www.ncpgambling.org and www.responsiblegambling.org. You can also contact them confidentially, twenty-four (24) hours a day, at this helpline number: (800) 522-4700.
Contests
General; Start Time; Duration:
(a) Each Contest may contain certain terms, conditions and restrictions, as set forth in the applicable Lobby Rules including, without limitation: (i) the Entry Fee, guaranteed minimum payout, maximum payout potential, and number of winners; (ii) the applicable Contest Duration; (iii) the number of Users permitted/required; and (iv) rules applicable to selecting Players (as defined below), setting Teams (as defined below) and making predictions regarding the statistical performance of the Players on their respective Teams. The Contests may have a limited number of openings, and Users will be accepted on a first come, first served basis. Once you have registered and submitted your Entry Fee in connection with a Contest, you cannot withdraw from that Contest and receive a refund of your Entry Fee. After submitting an Entry Fee for a Contest, refunds are only available if the contest is canceled by EPICK (e.g., due to lack of participants such as 1 or fewer participants) as outlined in the "Canceling with Refunds" section. Users however, can make changes to their lineup and replace their picks before the contest start time, provided the contest has not yet reached its lock time.
(b) All Contests shall be posted by and through the App and Site 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. The Contests shall vary in duration, lasting either one (1) day, one (1) week, one (1) season, or for the duration of the playoffs in a given league, or such other interval as determined by EPICK™ (“Contest Duration”), as predetermined and set forth in the applicable Lobby Rules.
To ensure timely starts, EPICK may close contests to further entries before they reach their officially stated maximum fill, allowing the contest to proceed with the current number of participants. This will be communicated clearly in the contest lobby. In connection with Paid Fantasy Contests, Users must pay the applicable entry fee from their Account in advance of that Contest’s start time (“Entry Fee”). The applicable Entry Fee will be predetermined and set forth in the applicable Lobby Rules.
Entry Fees/Free Contests:
Entry Fees. Where you opt to enter a Paid Fantasy Contest, the credit or debit card that you provided during registration or updated at a later date (“Active Credit Card”), will be charged the applicable Entry Fee amount. OTHER THAN AS EXPRESSLY SET FORTH HEREIN (e.g., cancellation due to insufficient participants or resizing), ALL ENTRY FEES ARE NON-REFUNDABLE
By participating, each User agrees to:
comply with and be bound by:
the Terms of Use, including without limitation, any ethical provisions as set forth in the Terms of Use;
these Contests Rules; and
the decisions of EPICK which are binding and final.
release and hold harmless EPICK and its parent, subsidiary, and affiliated companies, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Fantasy Contests, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a User’s entry, creation of an entry or submission of an entry, participation in the Fantasy Contests, acceptance or use or misuse of prizes (including any travel or activity related thereto) and/or the broadcast, and exploitation or use of entry.
Entry Fees and Prize Pool:
Each contest has a maximum number of total entries accepted, and contests that have not reached capacity will remain available for entry up until the contest start time or until EPICK closes the contest to ensure a timely start, as communicated in the contest lobby.
Guaranteed Contests:
All contests on EPICK will feature a guaranteed minimum payout, such as $5, which will be clearly displayed in the contest lobby prior to entry. This ensures participants know the minimum prize they can expect, regardless of whether the contest fills. If the total entry fees collected are insufficient to cover the guaranteed minimum payout, EPICK will cover the shortfall (known as an overlay) to ensure the promised prizes are awarded in the amount and manner stated at entry.
Maximum Payout Potential:
In addition to the guaranteed minimum, EPICK will display the maximum payout potential in the contest lobby, which will be awarded only if the contest reaches its stated maximum number of entries by lock time. If the contest does not fill, the prize pool will be adjusted proportionally based on actual entries after deducting a 10% rake (commission) on the total entry fees collected, but will never fall below the guaranteed minimum.
Resizing Contests:
EPICK may resize the contest to the actual number of participants at contest start time, ensuring the contest can proceed. The prize pool will be adjusted based on actual entry fees collected after deducting a 10% rake, but will always meet or exceed the guaranteed minimum payout. For example, if a contest is set for 10 players at $5 each (total $50 in entry fees, 10% rake = $45 prize pool, guaranteed minimum payout of $5), but only 3 players join, EPICK will resize the contest to 3 players, collecting $15 in entry fees. After a 10% rake ($1.50), $13.50 remains for the prize pool.
Canceling with Refunds:
If resizing is not feasible or the contest does not contain more than 1 participant(s), EPICK reserves the right to cancel the contest and refund all entry fees promptly to participant(s). For example, if a contest for 10 players at $5 each (total $50, 10% rake = $5, guaranteed $5) only gets 1 player ($5), EPICK may cancel the contest and refund the $5 entry fee, taking no commission, ensuring consumer protection.
Paid Contests:
Users must pay the applicable Entry Fee from their account in advance of the contest's start time.
Entry fees are predetermined and set forth in the contest's "Lobby Rules."
Except as expressly stated, all entry fees are non-refundable.
Withdrawal from Contests:
Once you have registered and submitted your Entry Fee in connection with a Contest, you cannot withdraw from that Contest and receive a refund of your Entry Fee. After submitting an Entry Fee for a Contest, refunds are only available if the contest is canceled by EPICK (e.g., due to lack of participants such as 1 or fewer participants) as outlined in the "Canceling with Refunds" section.
Users however, can make changes to their lineup and replace their picks before the contest start time, provided the contest has not yet reached its lock time.
Single Entry Requirement:
Only one (1) account per person.
Only one (1) contest entry is allowed per person per contest. Any violation may lead to disqualification or forfeiture of prizes.
Contest Cancellation:
EPICK reserves the right to cancel contests due to unforeseen circumstances. In such cases, entry fees will be refunded.
Transparency and Communication:
All contest details, including the guaranteed minimum payout of $5, the 10% rake, maximum payout potential, total entry fees, and maximum number of entries, will be displayed in the contest lobby prior to entry. Any adjustments due to unfilled contests will be communicated transparently to participants, ensuring they understand the prize structure before joining.
All Entry Fees and Prize amounts are payable in United States currency. Subject to the conditions set forth herein, you agree to be bound by the Billing Provisions of EPICK™ in effect at any given time. Upon reasonable prior written notice to you (with e-mail sufficing), EPICK™ reserves the right to change its Billing Provisions whenever necessary, in its sole discretion. Entry into a Contest 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 charges incurred prior to the applicable amendment or modification.
EPICK’s™ authorization to provide and bill for your Entry Fees is obtained by way of your electronic signature or, where applicable, via physical signature and/or voice affirmation. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. EPICK’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 (collectively, the “E-Sign Act”). Both laws specifically pre-empt all state laws that recognize only paper and handwritten signatures. Pursuant to any and all applicable statutes, regulations, rules, ordinances or other laws including, without limitation, the E-Sign Act and other similar state and federal statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE EPICK™ OFFERINGS. Further, you hereby waive any rights and/or requirements under any statutes, regulations, rules, ordinances or other law in any jurisdiction which requires an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means. You acknowledge and agree that you have the ability to print information delivered to you electronically, or otherwise know how to store that information in a way that ensures that it remains accessible to you in unchanged form.
Team and Player Selection; Performance Predictions
(a) After entering a Contest, each User will be able to select Players that play in one of the available Leagues, as listed below (collectively, “Players”), and assign those Players to her/his/its Contest-related team (“Team”). Upon selecting the Players for their respective Teams, Users must then enter a prediction about whether each Player will exceed or fall short of a pre-set Contest-related point total (“Contest Total”) applicable to each such Player.
Predictions and Points:
Users earn points by predicting whether the players on their contest-related team ("Team") will exceed or fall short of a pre-set contest-related point total ("Contest Total") for each player.
Each correct prediction awards the user one (1) point.
Contest Total:
Contest Totals for each player will be determined by one (1) statistical category, such as points scored for an NBA player.
Team Composition:
Teams must consist of at least three (2) players participating in games from at least two (2) different teams.
Point Tallying:
Points are tallied using player performance statistics from EPICK's third-party providers, which may be adjusted post-game based on official league corrections.
Live scoring statistics are subject to change during contests.
Payouts:
Prizes are distributed via methods such as ACH transfer or mailed checks.
Users are responsible for determining and reporting any taxes on winnings.
EPICK may issue tax forms (e.g., 1099-MISC) as required for annual winnings exceeding $600.
Postponed or Canceled Games
Ineligible Players
If a game is canceled, postponed, or rescheduled outside of the defined Scoring Period, that game will be disabled from the Game Set.
Any players listed to play in that disabled game will become ineligible and will not accrue any points.
Scoring Period Definition
The Scoring Period for each contest is determined in advance and will be clearly stated in the Contest Lobby prior to the contest’s start time.
Only games that begin and end within this designated timeframe will count toward scoring.
However, EPICK reserves the right to extend the Scoring Period at its sole discretion, including but not limited to instances where games or events take longer than originally anticipated.
User Notifications
Users will be notified of disabled games or Scoring Period changes through:
The Draft Screens
Emails
Or other App/Site notifications
Player Status Changes During a Live Contest
If a player is traded, cut, benched, placed on IR, or experiences any other roster/status change after a contest has started, the following applies:
No Impact on Scoring Eligibility
As long as the player was active and eligible at the time the contest began and their game remains part of the official Scoring Period, the player will still count toward the contest.
Any stats the player accumulates while playing for any team during the Scoring Period will be used for scoring.
No Substitutions or Replacements
Once a contest starts, lineups are locked, and users cannot swap or replace players, even if their status changes.
This includes trades, late scratches, or being ruled out mid-game.
Disabled Games Rule Still Applies
If the player’s new game (after being traded, for example) is in a rescheduled or postponed matchup outside the contest’s Scoring Period, that player will not earn points for that game.
EPICK’s Discretion
EPICK™ reserves the right to adjust outcomes or scoring in its sole discretion in the rare case that a player’s change in status significantly disrupts the integrity of the contest.
Player Status Changes Before Contest Start
If a player’s status changes (e.g., ruled out, traded, cut, benched, placed on IR) before the contest start time, the following applies:
Lineup Responsibility Falls on the User
Users are fully responsible for managing their lineups prior to contest lock.
If a player’s status changes before the contest begins and a user fails to remove or update that player, the entry will remain valid — but that player may score zero points if they do not participate in the game.
Player News May Be Displayed (but not guaranteed)
EPICK™ may display player news or status indicators in the app to help users make informed decisions, but it is ultimately the user’s responsibility to check injury reports, depth charts, or other relevant news before finalizing their picks.
No Refunds or Substitutions
If a user knowingly or unknowingly keeps a player who is inactive or unlikely to play in their lineup, no substitutions or refunds will be issued once the contest starts.
Users who leave in a player with a questionable or changing status assume the risk that the player may not play or perform.
Collusion and Prohibited Conduct
Collusion: Users are prohibited from collaborating in contests to gain an unfair advantage.
Prohibited Conduct: Includes falsifying personal information, using unauthorized tools, and engaging in unfair practices.
Violations may result in disqualification and forfeiture of prizes.
The available League(s) for each Contest shall be set forth in the Lobby Rules, and may include some or all of the following, as well as additional Leagues included by EPICK™ from time-to-time: (A) the National Football League® (“NFL®”); (B) Major League Baseball® (“MLB®”); (C) the National Basketball Association® (“NBA®”) and Women's National Basketball Association (“WNBA®”); (D) the National Hockey League® (“NHL®”); and (E) the Canadian Football League® (“CFL®”).
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. The National Basketball Association®, the Women’s National Basketball Association, NBA® and WNBA® are registered trademarks of NBA Properties, Inc. The National Hockey League® and NHL® are registered trademarks of the National Hockey League. The Canadian Football League® and CFL® are registered trademarks of the Canadian Football League.
Please be advised that EPICK™ is not in any way affiliated with the National Football League, Major League Baseball Properties, Inc., NBA Properties, Inc., the National Hockey League and/or the Canadian Football League, and neither EPICK™ nor the Contests are endorsed or sponsored by any of the foregoing entities.
Below are descriptions of some of the Contest-types, and the applicable features related to their respective Drafts, Team features and scoring:
(i) Tournament Contests: The “Tournament” Contests require a minimum of two (2) separate Users to participate, and Prizes are awarded on a “winner take all” format.
The User with the most Points at the end of the Contest Duration will win the entire Prize.
In the event that two (2) or more Users tie with the same highest Point total, the top Prize will be split evenly among all tied Users.
Where the Prize is a merchandise or non-cash item, one (1) or more tie-breakers will be defined in the Lobby Rules prior to the Contest Start Time.
(ii) 50/50 Contests: The “50/50 Contests” require a minimum of ten (10) separate Users to participate. In each 50/50 Contest, Users with Point totals ranking in the top fifty percent (50%) of all entries will win a Prize of the same type and amount. That prize will be specified as the “potential payout” in the contest lobby.
In 50/50 Contests, the prize pool is distributed as follows:
Top 50% Guaranteed Payout: Users who finish in the top 50% of all participants, based on their Point totals and without exceeding this threshold due to ties, will each receive a guaranteed payout equal to 1.8 times their Entry Fee (e.g., $9 for a $5 Entry Fee). The number of users qualifying for this payout is determined by taking the integer part of half the total participants (e.g., for 7 participants, 50% is 3.5, so 3 users qualify).
Ties Beyond Top 50%: If additional users tie with the last qualifying position in the top 50% (e.g., tied for the 3rd spot in a 7-user contest), pushing the number of winners beyond the top 50%, those tied users will split the remaining prize pool equally after the guaranteed 1.8X payouts are awarded to the top 50%. The remaining prize pool is calculated as the total entry fees collected, minus the 10% rake, minus the total guaranteed payouts to the top 50%.
Example: In a 7-user contest with a $5 Entry Fee ($35 total fees, $3.50 rake, $31.50 prize pool), if the top 2 users score 3 points each and the next 2 tie with 2 points each, the top 2 (28.57%, within 50%) receive $9 each ($18 total), leaving $31.50 - $18 = $13.50. The 2 tied users split $13.50, receiving $6.75 each.
Lineup Changes; Game Day:
For most Contests, Users shall be able to change their selected starting Players (“Lineup”) up until the start of each applicable “Game Day” during the Contest; provided, that Users shall be required to maintain compliance with any applicable Team-size limits. The start time of each Game Day within a given Contest (“Game Day Start Time”) shall be set forth in the applicable Lobby Rules, and shall generally correspond to when the first official League game that is scheduled to commence during the applicable Game Day.
TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, EPICK™ IS NOT RESPONSIBLE FOR PLAYER SELECTIONS, PREDICTIONS AND/OR TEAM LINEUP CHANGES THAT ARE LOST, LATE, ILLEGIBLE, MISDIRECTED, DAMAGED, INCOMPLETE OR INCORRECT.
Points:
Each User will earn Contest points based on the predictions as to whether or not the Players that are on her/his/its Team during the applicable Contest Duration surpass or fall short of the applicable Contest Total. For each correct prediction, the User shall receive one (1) point (each, a “Point”).
ALL DETERMINATIONS WITH RESPECT TO POINTS AND PREDICTIONS WILL BE MADE IN EPICK’S™ SOLE AND ABSOLUTE DISCRETION, AND WILL BE FINAL AND BINDING ON ALL PARTIES INVOLVED.
Tallying Points/Statistics:
EPICK™ will be responsible for tallying the Points for each Contest based on the reporting of Player performance, as compiled by EPICK’s™ third-party statistics providers and as provided by the applicable League(s) during the applicable Contest Duration. Please be advised that during the Contests, EPICK™ 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(s) after the conclusion of the applicable Game Day. Please be advised that, in the event of a change to the statistics by the applicable League(s) after the conclusion of the applicable Game Day, the applicable Points awarded may be updated, and certain outcomes related to a given Contest may 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, PREDICTIONS, WINNERS AND PRIZES WILL BE MADE IN EPICK’S™ SOLE AND ABSOLUTE DISCRETION, AND WILL BE FINAL AND BINDING ON ALL PARTIES INVOLVED.
Contest Winners/Ties:
(a) Tournament Model. In Tournament Contests, the User who scores the most Points of all competing Teams during the Contest Duration will win the Prize. In the event that two (2) or more Users finish in a tie with the same Point totals for the winning Prize at the end of the Contest Duration in a Tournament Contest, the Prize amount shall be divided equally amongst all Users with the same winning Point total where the Prize is a cash prize; provided, however, that 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.
(b) 50/50 Model. In 50/50 Contests, the Users who score enough Points to finish in the top fifty-percent (50%) of all Users will each win a Prize, of the same type and amount. In the event that more than fifty percent (50%) of the Users finish in a tie with the same winning Point totals at the end of the Contest Duration in a 50/50 Contest, the Prize amount shall be divided equally amongst all Users who are tied with the same winning Point total where the Prize is a cash prize; provided, however, that 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.
(c) General Rules. Multiple winners per Contest may be established in the Lobby Rules for any given Contest. The winner(s) of the Contest will receive the applicable monetary, merchandise or other form of prize(s) specified in the applicable Lobby Rules (the “Prize(s)”).
Collusion; Prohibited Conduct:
IT IS PROHIBITED FOR TWO (2) OR MORE USERS TO COLLABORATE DURING ANY CONTEST OR TO ADOPT A STRATEGY (BEFORE OR DURING A CONTEST) IN ORDER TO MUTUALLY GAIN AN ADVANTAGE AND/OR HARM OTHER USERS (COLLECTIVELY, “COLLUSION”).
WITHOUT LIMITING THE FOREGOING, USERS ARE PROHIBITED FROM ENGAGING IN ANY OF THE FOLLOWING ACTIVITIES (COLLECTIVELY, “PROHIBITED CONDUCT”):
• Falsifying personal information (including Registration Data) required to enter a Contest or claim a Prize;
• Engaging in any type of financial fraud, including unauthorized use of credit instruments to enter a Contest or claim a Prize;
• Violating the Contest Rules and/or any other terms of the Agreement;
• Using automated means (including, but not limited to, computer scripts, programs, software or other technology) to obtain, collect or access any information made available by and through the EPICK™ Offerings including, without limitation, the personal information of any User for any purpose;
• Any type of abuse of special offers and/or promotions;
• Using more than one (1) Account; and/or
• 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
If you suspect that any other User is engaging in Collusion and/or Prohibited Conduct, please contact us at: contactt@EPICKFantasy.com.
Cheating, Fraud and Abuse:
In accessing or participating in a Contest, you represent and warrant to us that you will not engage in any activity that interrupts or attempts to interrupt the operation of any Contest, the App and/or the Site. Anyone who engages in, participates in, or displays behavior that may be interpreted, in our sole discretion, as unfair methods in participating in Contests and/or using the App and/or Site including, but not limited to, the opening and/or use of multiple Accounts, the use of unauthorized or altered software or hardware to assist play (e.g., scripts, bots, bot nets, and collusion with bots), intentionally poor play in certain Contests to achieve competitive advantage, Collusion with other Users, deliberate transfer of money between accounts (e.g., “money laundering”), harassment of other Users, breach of the Agreement, breach of security of the subject Account, or any other act (whether through the use of automated technology or otherwise) that unfairly alters a User’s chance of winning or constitutes the commission of fraud (collectively, “Abuse”), will be subject to immediate sanctions (as determined by us in our sole discretion), which may include, without limitation: (a) immediate Account termination and blocking of access to the EPICK™ Offerings; (b) any Prizes that the applicable User may otherwise have been entitled to receive shall be void and forfeited; and (c) any Prizes received by the applicable User shall be subject to disgorgement and/or recoupment. In addition to the foregoing, we reserve the right to disclose or report any money laundering or similar illegal activity to law enforcement and regulatory authorities. Without limiting our other available remedies, we may institute or seek any injunctive relief, civil and/or criminal proceedings against any User and/or any co-conspirators arising out of or related to the commission of Abuse including, without limitation, recovering all of our fees and expenses (including reasonable attorneys’ fees) in connection with such efforts.
Hacking, Tampering, or Unauthorized Access:
Any attempt to gain unauthorized access to our systems or any other User's Account, interfere with procedures or performance of Contests, the App and/or the Site, or to deliberately damage or undermine the Contests, the App and/or the Site, is subject to civil and/or criminal prosecution and will result in immediate termination of your Account and forfeiture of Prizes. You agree that you will not attempt to modify, alter, or tamper with the location settings of your Mobile Device/personal computer for any reason, or otherwise attempt to falsify your physical location through your Mobile Device/personal computer. You acknowledge that we are not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access to or use of the EPICK™ Offerings or your Account.
Compliance with Laws:
You acknowledge that various rules, regulations and laws addressing contests and tournaments with entry fees and/or prizes govern your participation in the Contests (the “Gaming Laws”), and that Gaming Laws are established by each individual US state, or jurisdiction. In addition to the Gaming Laws, you are also subject to all municipal, state and federal laws, rules and regulations of the city and state in which you reside and from which you access the EPICK™ Offerings and/or play Contests including, without limitation, U.S. export laws (together with Gaming Laws, “Applicable Law”). You agree to comply, and are solely responsible for your compliance with, all Applicable Law. Your participation in Contests is at your own risk, and you agree not to hold EPICK™ responsible or liable if Applicable Law restricts or prohibits your access to, or participation in, the Contests.
Prize Verification; Payment Methods; Taxes:
To be eligible to receive a Prize, you may be required to provide EPICK™ with additional documentation and/or information to verify your identity and provide proof that all eligibility requirements are met 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 EPICK™ in order to complete the payment process. Failure to comply with the above requirements may result in disqualification and forfeiture of any Prizes.
Subject to the requirements set forth herein, in EPICK’s™ discretion, the Prize amounts will be paid via ACH transfer, checks mailed to the applicable winners or such other means as determined by EPICK™.
If you receive a Prize payment in error, we may reverse or require return of that payment. You agree to cooperate with us in our efforts to do this. We may also reduce Prize payments to you without notice to adjust for any previous overpayment. You must pay for all reasonable costs that we incur to collect any past due amounts including, without limitation, reasonable attorneys' fees and other legal fees and costs. If we make an error in underpaying a Prize/overcharging for an Entry Fee, you must tell us as soon as you become aware of the error. We will then promptly investigate the underpayment/charge. If we identify a billing error, we will correct that error within ninety (90) days. Refunds of Entry Fees will not be made, except as expressly provided herein, as required by applicable payment system rules, or where required by Applicable Law.
You are solely responsible for determining what, if any, income, sales, use or other taxes, duties, levies or charges (collectively, “Taxes”) apply to any Prizes that you receive and for remitting and reporting the correct amounts of all such Taxes to the applicable governmental authorities. EPICK™ cannot provide you with legal or tax advice, so please consult with your tax advisor about any and all applicable Taxes. In the event that a governmental authority requires EPICK™ to pay any Taxes attributable to you, you agree to indemnify and reimburse EPICK™ for such Taxes and all costs and expenses related thereto (including attorneys’ fees). All Users who win amounts which require any type of governmental reporting, including the United States Internal Revenue Service, must provide EPICK™ with all applicable information required for such reporting. Most often this occurs when a User has a net win over the course of a fiscal year (ending December 31) which totals more than Six Hundred Dollars ($600.00). In such case, a 1099-MISC must be filed which requires the User’s full name, current address and Social Security Number.
Multiple Accounts
Each User is allowed one (1) Account. Penalties for utilizing more than one (1) Account without prior authorization from EPICK™ will be assessed in EPICK’s™ sole discretion, and may include closure of all applicable Accounts and forfeiture of any Prize amounts that we determine to have been fraudulently obtained.
Warranties
At all times when participating in any Contest, receiving any Prize or using any of the other EPICK™ Offerings, you hereby represent and warrant the following (collectively, "Warranties"): (a) you are a natural person (not a corporation or other entity); (b) you reside and are currently physically located in the United States; (c) you reside and are currently physically located in a jurisdiction where participation in Contests, such as those offered by EPICK™, are not prohibited by Applicable Law; (d) where participating in a Paid Contest, you do not reside and are not currently physically located in any of the Restricted Territories; (e) you comply with all Eligibility Requirements; (f) you are not subject to backup withholding tax because: (i) you are exempt from backup withholding; (ii) you have not been notified by the Internal Revenue Service ("IRS") that you are subject to backup withholding as a result of a failure to report all interest or dividends; or (iii) the IRS has notified you that you are no longer subject to backup withholding; (g) you are the owner and authorized account holder for any payment methods that you use in connection with the Contests; (h) you can enter into legally binding contracts under applicable law; (i) you are not an employee of EPICK™ 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 (j) you are not associated with a professional athlete, professional sports team or professional sports league, featured in any Contest in a way that creates, or could create, an unfair advantage in any Contest.
Disqualification/Forfeiture of Prizes
If EPICK™, in its sole, exclusive and non-reviewable discretion, determines that you have breached any Warranty, engaged in any Prohibited Conduct, breached the Rules or any other EPICK™ Agreement in any way or otherwise engaged in any conduct that is dishonest, illicit, improper, unfair or otherwise damaging to EPICK™ and/or any EPICK™ Offerings, EPICK™ may, in addition to any other rights that EPICK™ may have at law or in equity: (a) disqualify you from any Contest; (b) refuse to award you any Prize(s); (c) revoke and/or require the return of any Prize(s); (d) terminate your Account; and/or (e) report your activities to law enforcement.
User-Names
EPICK™ 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 EPICK’s™ sole discretion, and if requests are ignored, EPICK™ may unilaterally change a User’s user-name.
Publicity
Other than for residents of the State of Tennessee and where otherwise prohibited by law, by entering a Contest, you consent to the use of your name, voice, likeness and photograph (“User Information”) by EPICK™ for any and all commercial and non-commercial purposes. Such purposes shall include, but not be limited to, inclusion of your User Information in marketing and promotional materials, such as website publications, mobile publications, print advertisements (“ads”), online ads, television ads, radio ads and interactive media, as well as printed extracts and reproductions of any portion thereof, in connection with the exploitation, marketing, advertising, promotion and publicity of EPICK™ and/or any EPICK™ Offerings. Without limiting the foregoing, other than with respect to residents of the State of Tennessee and where otherwise prohibited by law, if you win a Contest, you agree to participate in reasonable EPICK™ publicity, advertising and promotional activities.
Indemnification
You agree to indemnify and hold EPICK™, 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 improper and/or unauthorized participation in a Contest; (b) your breach of the Rules or any other EPICK™ Agreement; (c) any dispute between you and any other Users and/or third parties; (d) any claim that EPICK™ owes any taxes in connection with your participation in any Contests; and/or (e) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of EPICK™ and the Covered Parties. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
[Section 15] of the Terms (Binding Arbitration and Class Action Waiver Agreement) is incorporated herein by reference with the same force and effect as though fully set forth herein. By agreeing to these Fantasy Contests Rules, you agree to be bound by [Section 15] of the Terms.
See Section 13 of the Terms for further information.
Service Disruptions
EPICK™ makes no guarantee as to the availability of its software or services and does not guarantee that the EPICK™ Offerings will be accessible during Contests. Internet, mobile and other service outages or the inability to access the EPICK™ Offerings may occur for many reasons. You acknowledge and agree that EPICK™ shall not be responsible for any losses or damages of any kind that may be suffered by you as a result of any Internet, mobile or other service interruptions or outages, including if an outage occurs during a Contest. If, for any reason, a Contest is not able to run as originally planned, EPICK™ reserves the right to cancel, terminate or modify any such Contest.
See Section 12 of the Terms for further information.
Contest Cancellation
EPICK™ reserves that right to cancel and/or invalidate any Contests (and rescind associated Prizes) in its sole discretion, for any reason and without restriction. These reasons may include, without limitation: (a) where EPICK™ believes that, due to problems with the EPICK™ Offerings or due to events affecting the actual Games, there would be a negative impact on the integrity of the applicable Contest(s); (b) where EPICK™ 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; (c) for any Force Majeure Event(s) (as defined below); and/or (d) for purposes of preventing abusive, fraudulent, unfair or potentially unlawful activity on the part of any User and/or third party, or in the event that there is a risk of any such abusive, fraudulent, unfair or potentially unlawful activity. For purposes of the Rules, “Force Majeure Events” mean acts of God, any actions, regulations, orders or requests by any governmental or quasi-governmental entity (whether or not the actions, regulations, orders or requests prove to be invalid), equipment failures, mobile and Internet network disruptions, threatened terrorist acts, terrorist acts, air raids, blackouts, acts of public enemy, earthquakes, volcanic eruptions, wars (declared or undeclared), fires, floods, COVID-19 or any similar virus, disease and/or pandemic, as well as any private sector or governmental responses thereto, explosions, unusually severe weather, hurricanes, embargoes, labor disputes or strikes (whether legal or illegal) labor or material shortage, transportation interruptions of any kind, work slow-downs, civil disturbances, insurrections, riots, or any other cause beyond EPICK’s™ sole control.
Modification of the Contest Rules
EPICK™ may modify the Rules, in its sole discretion, by posting amended Rules in the App and on the Site, 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 a Contest User.
General Terms
EPICK reserves the right to cancel, suspend and/or modify the Contests or these Contest Rules, or any part of the Contests or these Contests Rules, with immediate effect owing to circumstances outside its reasonable control and only where circumstances make it unavoidable if any fraud, technical failures or any other factor beyond EPICK’s reasonable control impairs the integrity or proper functioning of the Contests, as determined by EPICK in its sole discretion.
Any notice regarding cancellation, suspension and/or modification will be posted by EPICK on the Site. In the event of modifying the sweepstakes, a participant’s continued enrollment and/or participation in the Contests constitutes acceptance of the modified terms.
Any User posting or seen to be posting comments on EPICK’s social media pages or elsewhere during the course of the Contests that are considered bullying, spiteful, or upsetting to other participants or any other user of the Site, or directly aimed at EPICK, will have their comments removed and will be disqualified from the Contests. EPICK reserves the right to alert the operators of any social media sites to any such behavior.
Governing Law
All issues and questions concerning the construction, validity, interpretation and enforceability of these Contests Rules, the rights and obligations of entrants and the winner, and the rights and obligations of the EPICK in connection with the Contests, shall be governed by, and construed in accordance with, the laws of the State of Delaware, without giving effect to any choice of law or conflict of law rules.
If any provision of these Contests Rules is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.
Privacy
Any personally identifiable information collected during an entrant’s participation in the Contests will be collected and used by EPICK and its designees for the administration and fulfillment of the Contests and as otherwise described in these Contests Rules and EPICK’s privacy Policy available at 131 Continental Dr, Suite 305, Newark, DE 19713, USA.