2Take part in tournaments and earn your capper rating
3Get interest from potential buyers and sell them your picks
TERMS AND CONDITIONS
1.1 This Agreement governs your purchase, sale and/or use of SportPicks Points made available as part of the SportPicks Points Program (the "Program") operated by or on behalf of SportPicks. Members of the Program ("Members" or "you") will have the opportunity to purchase Points through SportPicks.guru (the "Website"), and the opportunity to win or earn Points by participating in various activities, some of which are described below. You can redeem your Points to enter forecasting tournaments, create your own tournaments and set the prize, pay for the PRO account and collect prizes for winning tournaments from time to time. A member CANNOT redeem their points into cash as it's a fantasy sport site. These Terms and Conditions govern the Program. By participating in the Program, you unconditionally consent and agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not participate in the Program. The Program is only for your own personal use. Members may not use the Program for commercial purposes, or in any way that harms SportPicks.guru or any other person or entity, as determined by SportPicks.guru in its sole discretion.
LIMITED LICENSE AND INTELLECTUAL PROPERTY OWNERSHIP.
3.1 By purchasing or otherwise acquiring Points, you acquire no ownership right or interest. Instead, you obtain a non-exclusive, non-transferable, revocable, limited and ephemeral right and license to access and participate in activities that we expressly make available to you as part of the Website ("Activities") for your personal use only, and only so long as you comply fully with these Terms and Conditions. SportPicks reserves all ownership right, title and interest in and to the Content and Points, and all associated intellectual property rights therein. Subject to your compliance with these Terms and Conditions, and any other relevant policies enacted by SportPicks from time to time, SportPicks grants you a non-exclusive, non-transferable, revocable, limited and ephemeral license to participate in the Website's activities, and use the Points in connection with Website solely for non-commercial, personal entertainment purposes only. No other licenses or rights are granted to you by implication or otherwise. All rights in and to the Activities and the Points not expressly granted by SportPicks are hereby reserved.
3.2 SportPicks is the owner or authorized licensee of all intellectual property rights in and to the Content and Points, including, but not limited to, copyrights, works of authorship, inventions, patents, patent rights, patent registrations, patent applications for registration, trademarks, service marks, trade names, logos, trade dress, know-how, software, source code, artwork, games, characters, character names, likenesses, stories, concepts, sounds, designs, themes, graphics, mask works, industrial rights, and moral rights in and to the Content and Points. You acknowledge and agree that you shall have no ownership or other property interest in or to SportPick's or its licensors' intellectual property, the Content and/or the Points, even if earned in a tournament or purchased from the Website. All such rights remain the sole and exclusive property of SportPicks and/or its licensors. Except as expressly permitted in writing by SportPicks, you shall not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute or exploit, in whole or in part, any of the foregoing material. Nothing contained in these Terms and Conditions or on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the foregoing material in any manner without the prior written consent of SportPicks or such third party that may own the applicable material. UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, PUBLICATION, REPUBLICATION, UPLOADING, FRAMING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE MATERIAL IS STRICTLY PROHIBITED. Any use of the foregoing material other than as permitted by these Terms and Conditions will violate these Terms and Conditions and may infringe upon our rights or the rights of the third party that owns the affected material.
4.1 There are various ways to earn Points on the Website by participating in various Website's activities. From time to time, SportPicks may provide Members with opportunities to earn Points by completing various actions on the Website (each, an "Online Points Opportunity"). Online Points Opportunities include, but are not limited to: (i) becoming a SportPicks.guru member; (ii) logging in 24 hours after visiting the Website; and (iii) other promotional opportunities offered to Members. Please visit the Website for the complete details of any Online Points Opportunity, which are subject to change or preemption without notice.
5.1 Points can be purchased via the Website. Points do not constitute currency or property of any type. Points cannot be transferred to another player. To purchase Points, follow the instructions contained on the Website. When you purchase Points, you agree to pay taxes assessed on your purchase, if any.
5.2 You may pay for Points by credit card. When you pay for Points via credit card, you will be bound by that third party provider's terms and conditions. You are responsible for all charges incurred (including applicable taxes) and all purchases made by you or anyone that uses your Account.
5.3 YOUR USE OF ANY CREDIT CARD IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS AND POLICIES APPLICABLE TO SUCH CREDIT CARD.
6.1 Members may redeem Points to enter forecasting tournaments, create their own tournaments, pay for the PRO account, but points CANNOT be converted into cash or used for any monetary payouts or gifts. Points can only be used for activities described on the Website.
6.2 SportPicks.guru reserves the right to modify, amend or revise these Terms and Conditions. SportPicks reserves the right, in its sole discretion, to determine and modify, at any time, the value of Points and the amount of Points that may be earned for any given activity.
6.3 All details and restrictions of the Points not specified in these Terms and Conditions or on the Website will be determined by SportPicks in its sole discretion.
6.4 Points may not be sold, auctioned, bartered, brokered, transferred, assigned or used to engage in any gambling activity. Any Points obtained in this manner by any person or entity will be considered to have been fraudulently obtained and deemed void, and such Points may be confiscated or cancelled. Points must be only redeemed for activities in accordance with these Terms and Conditions. Points will not be replaced, reissued or credited if lost, stolen or otherwise altered or destroyed. Points cannot be used in combination with any other discount, coupon or offer unless specifically allowed by the terms of a specific promotion. Once you have redeemed your Points for the permitted activities, there are no refunds, returns or exchanges for additional Points, or other goods and services.
6.5 You can view your Points balance and a limited transaction history by logging onto your Profile.
MODIFICATION AND TERMINATION.
7.1 SportPicks may modify any of these Terms and Conditions, including, but not limited to, the methods through which Points can be earned, how Points can be used, and the conditions under which Points may expire or be forfeited, at any time, with or without notice, even though these changes may affect a Member's ability to use the Points that he/she has already earned or purchased. The Program has no predetermined termination date and may continue until such time as SportPicks decides to terminate the Program. SportPicks may, in its sole discretion, modify or terminate the Program at any time, with notice on the Website and/or via email to the Member's email address currently on file with SportPicks for his/her Account.
7.2 SportPicks may cancel your membership, cancel accumulated Points, alter the amount of Points in your Account or suspend your membership privileges at any time with immediate effect if SportPicks determines in its sole discretion that you (a) have acted in a manner inconsistent with applicable laws or ordinances; (b) acted in a fraudulent or abusive manner; (c) breached any of these Terms and Conditions; (d) engaged in any fraud or abuse concerning Points, Points usage or Points redemption; or (e) engaged in any conduct or act that causes SportPicks to terminate or suspend your access to the Website. SportPicks may also take appropriate administrative or legal action if any of the items listed above occurs. Nothing contained in these Terms and Conditions shall limit SportPicks in its exercise of any legal or equitable rights or remedies.
7.3 SportPicks reserves the right to terminate the membership of any Member whose Account becomes dormant. An Account will be considered dormant if the Account holder fails to log onto his or her Account for six (6) months or with such regularity deemed sufficient by SportPicks and announced from time to time on the Website. SportPicks in its sole discretion may allow Members to prevent their Points from expiring by following SportPicks's instructions.
7.4 If SportPicks amends these Terms and Conditions, it will revise the "last updated" date located at the bottom of these Terms and Conditions. If you continue to participate in the Program by earning Points, redeeming Points, logging onto your Account or in any other way after these Terms and Conditions have been changed, you will be deemed to have read, understood and unconditionally consented to and agreed to such changes. The most current version of these Terms and Conditions will be available on the Website and will supersede all previous versions of these Terms and Conditions.
GENERAL TERMS AND CONDITIONS.
8.1 ACCRUED POINTS DO NOT CONSTITUTE PROPERTY OF A MEMBER. POINTS THAT SPORTPICKS MAY REVOKE AT ANY TIME AS SET FORTH HEREIN. POINTS ARE NOT TRANSFERABLE UPON DEATH, AS PART OF A DOMESTIC RELATIONS MATTER OR OTHERWISE. Each Member is responsible for ensuring that the information in his/her Account is accurate and is kept current. If a Member believes that his/her Account does not properly reflect Points earned from engaging in any activities, the Member must contact SportPicks to resolve the issue. Any attempt by any person to undermine the legitimate operation of the Program may be a violation of criminal and civil law, and, should such an attempt be made, SportPicks reserves the right to seek damages from any such person to the fullest extent permitted by law. SportPicks's failure to enforce any of these Terms and Conditions shall not constitute a waiver of the affected provision, or any other provision. All questions or disputes regarding an individual's eligibility for the Program, the earning, crediting or use of Points, or a Member's compliance with these Terms and Conditions will be resolved by SportPicks in its sole discretion.
PROGRAM MALFUNCTIONS AND CONDUCT.
9.1 Officers, directors and employees of SportPicks and its parents, subsidiaries, divisions and affiliates (all such individuals and entities collectively referred to herein as the "Program Entities") are not responsible for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, or difficulties, or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Additionally, the Program Entities are not responsible or liable for any computer, programming, printer errors or the issuance of any unintended Points. In no event will the Program Entities be liable for, and members expressly release the Program Entities from any claims as to the issuance of any unintended Points. If, for any reason, the Program is not capable of running as planned, including, due to errors of any kind or nature, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Program Entities which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Program, SportPicks reserves the right in its sole discretion to cancel, terminate, modify, or suspend the Program or otherwise respond to the circumstances as SportPicks deems appropriate. In the event GSportPicks is prevented from continuing with the Program as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within SportPicks's control (each a "Force Majeure" event or occurrence), SportPicks shall have the right to modify, suspend, or terminate the Program.
9.2 Any attempts by any Member to access the Program or Website via a bot script or other brute-force attack shall result in that Member becoming ineligible to participate in the Program. SportPicks, in its sole discretion, reserves the right to disqualify and terminate participation of any Member found to be (i) tampering with the operation of the Program or the Website (ii) acting in violation of these Terms and Conditions (iii) violating the Terms of Service of the Website (iv) acting in an unethical or disruptive manner (v) acting with intent to annoy, abuse, threaten or harass SportPicks, its representatives or any other Member in any manner related to the Program (vi) tampering with, altering, attempting to alter, creating, attempting to create or duplicate Points, or (vii) colluding or attempting to collude with one or more Members to gain an unfair advantage by sharing knowledge or other information in order to earn Points.
LIMITATION OF LIABILITY.
10.1 This Program is provided on an "AS IS" basis and without warranty, guaranty or representation of any kind, expressed or implied, including without limitation, any implied warranty of merchantability, fitness for a particular purpose and non-infringement. The Program Entities are not responsible for any assurances, guarantees, representations or warranties made or implied by any parties associated with or involved in this Program, including but not limited to any merchandisers, manufactures, suppliers or advertisers. By participating in the Program, each Member accepts all responsibility for, and hereby indemnifies and holds the Program Entities harmless from and against any claims that may arise from actions taken by such Member or for any unauthorized access to Member's Account by any third party.
10.2 UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE PROGRAM ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM, EVEN IF THE PROGRAM ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SUCH EXCLUSIONS MAY NOT APPLY TO YOU. IF A MEMBER PROVES THAT SPORTPICKS HAS IMPROPERLY DENIED THAT MEMBER ANY POINTS, LIABILITY WILL BE LIMITED TO THE EQUIVALENT AMOUNT OF POINTS. BY PARTICIPATING IN THE PROGRAM, A MEMBER WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM MORE THAN ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED. EACH MEMBER SPECIFICALLY WAIVES ANY BENEFIT.
12.1 ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE TERMS AND CONDITIONS OR THE RIGHTS AND OBLIGATIONS OF MEMBERS OR SPORTPICKS IN CONNECTION WITH THE PROGRAM SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF CANADA AND THE PROVINCE OF ONTARIO WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER JURISDICTION'S LAWS.
12.2 If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.
Last Updated: December 08, 2015.