NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. Void where prohibited by law, including but not limited to Arkansas, Iowa, Louisiana, Michigan, Montana, South Carolina, Tennessee, Vermont, Florida, Arizona, Colorado and Washington. Subject to all federal, state, and local laws, regulations, and ordinances.
ELIGIBILITY: To be eligible to create an Account and become a registered User, participate in contests, or win prizes offered by Daily Pick'em, You must, at the time of registration: (i) be at least eighteen (18) years of age or you must be at least nineteen (19) years of age at time of account registration if you are a legal resident of Alabama or Nebraska or twenty-one (21) years of age if you are a legal resident of Massachusetts; (ii) be physically located in any of the fifty (50) states and Washington, DC excluding Arkansas, Iowa, Louisiana, Michigan, Montana, South Carolina, Tennessee, Vermont, Florida, Arizona, Colorado and Washington (the "Excluded States") (the "Jurisdiction") in which participation in the Service and the Contests offered thereon is unrestricted by law; and (iii) at all times abide by these Terms. You are subject to the laws of the Jurisdiction in which You reside and/or from which You access the Daily Pick'em service. Legal residents of the Excluded States are eligible to open and maintain accounts on Daily Pick'em for use only in contests that do not require paid entry. Access to the Daily Pick'em service and the Contests offered thereon may not be legal for some or all residents of, or persons present in, certain Jurisdictions. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
By creating a Daily Pick'em Account, downloading the App, or participating in any Daily Pick'em service, including, without limitation, participating in the free-to-play or paid entry, Users: (i) acknowledge that they have read and agree to be bound to and abide by these Terms; (ii) accept and agree to all obligations, and rules for each Contest in which they participate; and (iii) represent and warrant that they are authorized and able to accept these Terms. Daily Pick'em may also issue additional terms, rules and conditions of participation in particular Contests, which are expressly incorporated by reference. Users agree to be subject to them if they participate in such Contests. If a User does not wish to be bound by the Terms, the User must not download, access or use the Daily Pick'em service. By declining to accept these Terms, the User will be unable to create an Account or participate in the Daily Pick'em service. Daily Pick'em reserves the right to change these Terms at any time without prior notice to Users. Users’ continued use of the Daily Pick'em service following such changes constitutes acceptance of such changes. If Users do not agree to the changes, their sole remedy is to cease using the Daily Pick'em service. If Users breach any of the Terms, their authorization to use the Daily Pick'em service automatically terminates.
(a. General) Daily Pick'em is a game of skill mobile application for iOS and Android that allows users to make "picks" in order to receive rewards through another means specified by the app, Daily Pick'em, or as specified by Daily Pick'em Corp. Picks are defined as any sports-related or non-sports related choice that is available to select on the Daily Pick'em mobile app homepage. Rewards become redeemable after increasing one’s in-app points total to meet required point count. Users will be required to enter in a valid email address and their country of residence.
(b. Picks) Picks are made at the discretion of Daily Pick'em Corp.'s staff. These picks are subject to change at Daily Pick'em Corp.'s staff sole discretion. Once a user makes a pick, that pick is locked at the beginning of sporting event associated with that pick. Otherwise, the pick will be locked at the discretion of Daily Pick'em Corp and Daily Pick'em Corp.'s staff. Picks are noted as correct or incorrect after the game has fully ended, in accordance with the official time specified by the sports entity associated with that pick (i.e. NFL, NBA, etc.). If a change is made by a sports entity that affects a pick after the game time’s official ending, picks are subject to change to correct or incorrect and may affect your streak for better or worse. Daily Pick'em Corp also has full discretion to decide the outcome of a game based on our own outlook of the game, prop, or other.
(c. Streak) Correct picks will increase a user’s current streak by one, unless other specified within the Daily Pick'em app. By increasing one’s streak a user may be able to increase their rewards to claim.
A user can lose their streak one of four ways: (1) a user does not make a pick during a day before all the picks have started in relation to the associated sport (if the picks are in progress) OR (2) a user picks incorrectly. In the case that a user loses their streak, that user’s streak is reset back to zero. The Daily Pick'em app may or may not offer a chance to remedy a missed pick. (3) A user’s streak can also be reset by the Daily Pick'em staff if there is any suspicion of fraud. (4) If at any time fraud or misuse of the app is suspected, Daily Pick'em can decrease users’ streaks and suspend their account/put a hold on all winnings. If there is any issue/bug with the Daily Pick'em app that could be manipulating users’ streaks, Daily Pick'em Winnings, or deposited balance in any way, the Daily Pick'em staff may decrease users’ streaks and put a hold on all Daily Pick'em winnings. Daily Pick'em reserves the right to withhold all Daily Pick'em Winnings at their own discretion.
(d. Rewards) Reward levels increase as a user’s streak increases. When a user reaches a threshold for a specific reward, that user will be able to claim that reward. That reward will no longer be available once a user guesses a pick incorrectly. Rewards will also change once a user reaches the next highest threshold. Users can lose a streak if they do not make a pick during a day before all the picks are in progress.
Users will not be able to claim rewards if they have a current pick that is in progress. The user must wait until all in progress picks are no longer in progress. If any of the in progress picks are incorrect, that user’s streak will be reset. If at any time fraud or misuse of the app is suspected, Daily Pick'em can decrease users’ streaks and suspend their account/put a hold on all winnings. If there is any issue/bug with the Daily Pick'em app that could be manipulating users’ streaks, Daily Pick'em Winnings, or deposited balance in any way, the Daily Pick'em staff may decrease users’ streaks and put a hold on all Daily Pick'em winnings.
Rewards are subject to change at any time at the discretion of Daily Pick'em Corp.
(e. Refer) Referrals are completed by the user. For the purpose of clear explanation in this paragraph, assume user A is the referrer and user B is the referee. User A who refers user B will not be rewarded until user B downloads the mobile app and creates an account. User B will not be rewarded. If user B for any reason does not download the app or create the account in relation to user A’s referral code and link sent, user A and user B may not be rewarded.
(a. Fraud) Fraud can be defined as the following: (1) Artificially increasing one’s balance or streak through a third party program or any other way. (2) Exploiting the submission to submit multiple reward redemptions. (3) Implementing any third party program while using the app, Daily Pick'em. (4) Submitting the form for multiple rewards. (5) Using different forms of identification in an attempt to receive multiple rewards. (6) Using more than one email address and/or 3rd party single sign-on accounts in an attempt to receive multiple rewards. (7) Artificially increasing one’s balance or any in-app currency in any way. (8) Artificially increasing one’s streak, any in-app currency, Daily Pick'em winnings, or deposited balance in any way.
Any form of fraud will result in the user not receiving reward, or a loss of streak. Any suspicion of fraud will result in the user not receiving his or her reward and could result in a loss of streak. Any suspicion of fraud may result in account suspension. Each user NOT involved with fraud is allowed unlimited payouts.
Any attempt to engage in fraud and/or illegitimately earn a reward will be considered theft. Users who commit any fraudulent act may be punished by the highest degree permissible by law.
(b. Use) Users across the United States, Canada, Australia, and the United Kingdom are permitted to use the mobile app and receive reward. All other countries in the world are permitted to use the mobile app, but for recreational purposes only. Any rewards may not be sent to users in any other country than those listed.
(c. Cheating) Daily Pick'em endeavors to host fair contests/services and exercises reasonable efforts to create a level playing field and to detect and prevent cheating. Notwithstanding such efforts, there will be Users who attempt to cheat and Daily Pick'em does not guarantee that all such instances of cheating will be detected or prevented. Users therefore acknowledge and agree to participate in the Contests/ Daily Pick'em services at their own risk. If Daily Pick'em suspects that a User is violating these Terms, including, without limitation, committing any of the following actions, Daily Pick'em reserves the right to terminate the infringing User’s User Account and ban such individual from future participation in the Contests without notice, forfeiture of winnings, and take any other actions in accordance with applicable state and federal laws:
Using or attempting to use automated tools, script software, bots, or other unauthorized software, hardware, or modifications to simulate a User or otherwise obtain an advantage over other Users;
Exploiting vulnerabilities or glitches in the Contests;
Directly or indirectly disabling, circumventing, or otherwise interfering with the operation of software designed to detect or prevent cheating; or
Colluding with a User who is using unauthorized software, hardware, or modifications to obtain an advantage over other Users;
The foregoing actions shall constitute a material breach of these Terms for which offending Users will be liable to Daily Pick'em for any resulting damages. You acknowledge and agree that We shall not be responsible or liable for cheating that is not detected or prevented or for any resulting losses related thereto.
(a. In-app points) Points in the Daily Pick'em app have no actual cash value and can only be used within the Daily Pick'em app's to redeem for available rewards. Each redemption is reviewed and processed by Daily Pick'em staff and may take up to 15 business days. In some cases, rewards originate from other sources (such as gift cards from 3rd party vendors) may take longer to process. It is the user’s sole responsibility to provide their update to date and active email account to receive rewards distributed by Daily Pick'em Corp. If there is any issue/bug with the Daily Pick'em app that is manipulating users balance in an incorrect way, the Daily Pick'em staff may decrease users balances at their discretion.
Daily Pick'em Corp is in no way responsible for any rewards once sent via mail. For any reason that your reward is not sent to you, you will not be notified that you will not receive your reward, nor will you receive any email. If we receive any form of contact from a user whom did not receive his or her reward, we are in no way obliged to answer or respond in any way.
For any reason a user does not receive their reward, eGift card, or their gift card code does not work, there are no refunds. We will not send users a second card.
(a. Tax) Any and all applicable federal, state, and local taxes and all fees and expenses related to acceptance and use of reward not specifically stated herein are the responsibility solely of winner.
The reward structures, amounts, and any activity related to payouts offered are subject to change. By accepting our terms of service, you agree to this possible sudden change.
Any concept of Daily Pick'em Corp. is subject to change. Furthermore, any third party pressure that forces us to change our policy, we must comply. By accepting our terms of service, you agree to this possible sudden change.
(a. Sponsorship) Daily Pick'em contests are provided through the sole sponsorship of Daily Pick'em Corp. Apple, Google, Amazon, and PayPal are not sponsors of Daily Pick'em contests.
(b. Store) The iOS app itself, Daily Pick'em (iOS), is hosted on the Apple App Store. Apple has the ability to remove the app from the app store. In the event that Daily Pick'em is completely removed from the Apple App Store, Daily Pick'em Corp may stop all rewards and app activity.
(c. Store) The Android app itself, Daily Pick'em Android, is hosted on the Google Play Store. Google has the ability to remove the app from the app store. In the event that Daily Pick'em is completely removed from the Google Play Store, Daily Pick'em Corp may stop all rewards and app activity.
To be eligible to enter any contest or receive any prize, the Registered User may be required to provide Daily Pick'em with additional documentation and/or information to verify the identity of the Registered User, and to provide proof that all eligibility requirements are met. In the event of a dispute as to the identity or eligibility of a Registered User, Daily Pick'em will, in its sole and absolute discretion, utilize certain information collected by Daily Pick'em to assist in verifying the identity and/or eligibility of such Registered User.
Daily Pick'em makes no representations or warranties, implicit or explicit, as to Your legal right to participate in the Daily Pick'em service or that the Contests provided through Our Service are appropriate or available for use in the Jurisdiction in which You are located, nor shall any person affiliated, or claiming affiliation, with Daily Pick'em have authority to make any such representations or warranties. We do not intend for the Daily Pick'em service or any offerings made available thereon to be used by persons present in Jurisdictions in which participation may be prohibited or restricted. You agree that the availability of the Daily Pick'em service does not constitute an offer, solicitation or invitation by Us for the use of the Daily Pick'em service in any Jurisdiction in which such activities are prohibited or restricted. If You choose to access Our Service, You do so at Your own risk. You hereby agree that We cannot be held liable if laws applicable to You restrict or prohibit Your participation. If You open an Account and/or participate in the Contests made available in the Daily Pick'em service while located in a Jurisdiction that prohibits such activities, You will be in violation of the law of such Jurisdiction and these Terms, and subject to having Your Account suspended or terminated.
These Terms prohibit entering a Contest if the entrant is:
Except as otherwise stated in the Eligibility section above, Employees, officers, directors, investors, agents, and representatives of Daily Pick'em or any of its parents, subsidiaries or affiliates, and each of their respective immediate family (defined as parents, spouse and children) and any person residing in the same household as such are NOT eligible to win prizes. Such persons may, however, use the Daily Pick'em service, and will from time to time do so for the purpose of testing the Website and/or App, evaluating user experience and Contests, socializing and competing with customers to build community, and other reasonable and fair uses at the sole discretion of Daily Pick'em. If such persons are deemed to be winners, any prizes won will be forfeited. Daily Pick'em consultants or promoters of the Daily Pick'em service may play in the Contests without such limitation, but only if (i) their arrangement with Daily Pick'em does not permit them to have any access to non-public Daily Pick'em service data or any other data not made available to all Users on the Daily Pick'em service that may impact contest outcome and (ii) they do not receive any other unfair advantages in their play in the Contest. DAILY PICK'EM RESERVES THE RIGHT TO DENY ACCESS TO THE DAILY PICK'EM SERVICE TO ANYONE AT OUR SOLE DISCRETION.
In addition, conduct that would be deemed improper also includes, but is not limited to:
Falsifying personal information 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; Colluding with any other individual(s) or engaging in any type of syndicate play; Any violation of rules or the Terms of Use; Using a single Account to participate in a Contest on behalf of multiple entrants or otherwise collaborating with others to participate in any Contest; Using automated means (including but not limited to scripts and third-party tools) to interact with the App in any way; Using automated means (including but not limited to harvesting bots, robots, parser, spiders or screen scrapers) to obtain, collect or access any information on the App or of any User for any purpose; Any type of bonus abuse, abuse of the refer-a-friend program, or abuse of any other offers or promotions; Tampering with the administration of a Contest or trying to in any way tamper with the computer programs or any security measure associated with the Daily Pick'em service; Obtaining other entrants information and spamming other entrants; or Abusing the App in any way. Users further acknowledge that the forfeiture and/or return of any prize shall in no way prevent Daily Pick'em from pursuing criminal or civil proceedings in connection with such conduct. By accessing or using the Daily Pick'em service, You represent and warrant that You are at least eighteen (18) years of age, have the right, authority and capacity to enter into this Agreement, to abide by all of these Terms, and that You are not prohibited from accessing and using the Daily Pick'em service. If You do not meet the eligibility requirements of this section, then You are not authorized to use the Daily Pick'em service. Daily Pick'em reserves the right to verify Your age, identity and eligibility at any time. This includes requesting that You provide proof of identity documentation such as drivers license, passport or birth certificate. Any failure to cooperate with Daily Pick'em in this respect may result in the suspension and/or termination of Your Account. To the extent Daily Pick'em requests proof of identity and You fail to do so within seven (7) days, or Daily Pick'em otherwise determines that you do not meet the eligibility requirements of this section, in addition to any rights that Daily Pick'em may have in law or equity, Daily Pick'em reserves the right to terminate Your Account and withhold or revoke the awarding of any prizes associated with such Account.
The results and winners of each Contest/Daily Pick'em services will be determined by us at Our sole discretion and such determinations are final. Winners will be notified by e-mail or other means of communication available including notifications and in-app messages once the final results of a given Contest/Services are determined. Once winners are initially announced by Daily Pick'em. We reserve the right to make adjustments. Any decision by Daily Pick'em as to the winner(s) of a Contest shall stand as a final and binding decision. Daily Pick'em has no obligation to delay the awarding of a prize in anticipation of any adjustment, but We reserve the right to reverse reward redemption in the event of any adjustment. By registering an Account and/or participating in any Contest, You unconditionally agree that Daily Pick'em shall serve as the sole judge and arbiter as to the determination of a winner(s) in all Contests/Daily Pick'em services in the event a dispute arises and agree to cooperate with Our efforts to reverse prizing, as necessary.
Daily Pick'em also reserves the right to cancel contests, in our sole discretion, without any restrictions.
Daily Pick'em, in its sole discretion, may disqualify you from a contest or the entire Service, refuse to award prizes and require the return of any prizes, or suspend, limit, or terminate your account if you engage in conduct Daily Pick'em deems, in its sole discretion, to be improper, unfair, fraudulent or otherwise adverse to the operation of the Service or in any way detrimental to other users. Improper conduct includes, but is not limited to: falsifying personal information, including reward redemption information, required to use the Service or claim a prize; violating eligible reward method terms, including the terms of any reward, violating any of these rules, accumulating points or prizes through unauthorized methods such as unauthorized scripts or other automated means; tampering with the administration of the Service or trying to in any way tamper with the computer programs associated with the Service; obtaining other entrants’ information and spamming other entrants; and abusing the Service in any way; or otherwise violating these Terms of Use. You acknowledge that the forfeiture and/or return of any prize shall in no way prevent Daily Pick'em from informing the relevant authorities, and/or pursuing criminal or civil proceedings in connection with such conduct.
If for any reason the Service is not running as originally planned (e.g., if the site becomes corrupted or does not allow the proper usage and processing of entries in accordance with the rules, or if infection by a computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in the sole opinion of Daily Pick'em corrupts or affects the administration, security, fairness, integrity or proper conduct of the Service), Daily Pick'em reserves the right, in its sole discretion, to disqualify any individual implicated in or relating to the cause and/or to cancel, terminate, extend, modify or suspend the Service, and select the winner(s) from all eligible entries received. If such cancellation, termination, modification or suspension occurs, notification may be posted on the Site. Daily Pick'em may also decrease or end a users streak or take away any Daily Pick'em winnings that are associated with any Daily Pick'em issue.
The failure of Daily Pick'em to comply with any provision of these Terms due to an act of God, for example hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Daily Pick'em (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Terms.
Daily Pick'em’s prize winning users may be required via e-mail or U.S. Mail to receive and return an executed affidavit of eligibility, a liability release and, where lawful, a publicity release (collectively, the "Affidavit") and/or appropriate tax forms within seven (7) days of notification. By participating in the Contest within the Service, You agree to receive via e-mail or U.S. Mail and return an executed Affidavit and/or appropriate tax forms, as applicable, and You agree that if such documents are not returned within the specified time period, or if the prize or prize notification is unclaimed or returned as undeliverable, or if You are not in compliance with these Terms, the prize will be forfeited.
By participating in the Contests within the Service, You agree that all tax liability relating to Your receipt of a reward are the sole responsibility of You. It is the policy of Daily Pick'em, in compliance with United States Internal Revenue Service (IRS) regulations, to send an IRS Form 1099 or other appropriate form to any person who wins in excess of $600 USD on the Service in any given year. If You have thus won a cumulative net profit of $600 USD or more in a calendar year, You will be contacted by Daily Pick'em and required to submit Your residential address and tax ID number (social security number). If You have a cumulative net profit of $600 USD or more in a calendar year, You will be prevented from redeeming until this requested information is received by Daily Pick'em.
You, not Daily Pick'em, are responsible for filing and paying applicable state and federal taxes on any winnings. Daily Pick'em does not provide tax advice, nor should any statements in this agreement or on the Service be construed as tax advice. By participating in the Contests within the Service, You agree that if You are contacted by Daily Pick'em for tax purposes, You will immediately provide Your residential address and tax identification number (i.e., social security number). Daily Pick'em reserves its right to request any other information from You necessary for Daily Pick'em to submit necessary forms to appropriate tax authorities. Depending on the Jurisdiction in which You reside, the Service may also send You additional, similar tax forms. However, You remain solely responsible for paying all federal and other taxes in accordance with the laws that apply in Your Jurisdiction of residence. Daily Pick'em will attempt to contact the prize winning User through e-mail and mail to obtain the necessary information. However, if Daily Pick'em fails to contact the prize winner and obtain the required information after one (1) year, the prize winner forfeits the funds to Daily Pick'em.
Daily Pick'em warrants and represents that all personal information, including, but not limited to Your social security number, will be maintained in confidence and used solely for the purposes of submitting the 1099-MISC form to the IRS.
Users agree not to use the Daily Pick'em service for any unlawful purpose or for any purpose that is prohibited by this Agreement. Users further agree not to:
Engage in any illegal activity, including gambling, or the planning of any illegal activity;
Post or transmit, or cause to be posted or transmitted, any content that is infringing, libelous, defamatory, abusive, offensive, obscene, pornographic or otherwise violates the law or the rights of Daily Pick'em, its Users, or any third-party;
Threaten, harass, abuse, or otherwise intimidate any User(s);
Send or cause to be generated any unwanted e-mail to any User(s);
Inflict or cause to be inflicted in any manner whatsoever software viruses or any other code designed to interrupt, destroy, limit, or otherwise affect the functionality of any software or hardware or telecommunications equipment associated directly or indirectly with the Daily Pick'em service;
Employ any automated means, including, without limitation, bots, scrapers, or spiders to access or participate in the Daily Pick'em service for any purpose;
Using any artificial means to alter a User’s position in the Contests; Improperly using support or complaint features of the Daily Pick'em service or making false reports to Daily Pick'em;
Use the Daily Pick'em service for any purpose other than that which is authorized in this Agreement or in a manner that violates any laws including intellectual property laws;
Seek to or in any way assist others in obtaining Account, password, or personal information from any User(s);
Create a false identity, impersonate another person, or otherwise attempt to mislead any person as to the identity or origin of any communication;
Creating more than one (1) Account;
Selling or transferring an Account or any attributes related thereto; or
Engaging in any other activity deemed by Daily Pick'em to be in conflict with the spirit or intent of this Agreement.
Post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Daily Pick'em user;
create or submit unwanted email ("Spam") to any other Daily Pick'em users;
submit comments linking to affiliate programs, multi-level marketing schemes, sites repurposing existing stories or off-topic content;
post, email, transmit, upload, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed or functioning to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
use any robot, spider, scraper, sniping software or other automated means to access the Service for any purpose (except for RSS feed access) without our express written permission. Additionally, you agree that you will not: (1) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (2) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (3) bypass any measures we may use to prevent or restrict access to the Service;
use artificial means, including creating multiple user accounts, to inflate your position and standing with the Daily Pick'em leader boards and community;
use unauthorized scripts; all authorized scripts will be made available through the Service prior to game entry; advertise to, or solicit, any user to buy or sell any products or Service, or use any information obtained from the Service in order to contact, advertise to, solicit, or sell to users without their prior explicit consent;
sell or otherwise transfer your profile;
attempt to influence the play in any sporting event from which athletes are available for selection in Daily Pick'em contests on Daily Pick'em in which you are involved or in which you have a direct or indirect interest;
enter into contests, by any means including multi-accounting, for which you are ineligible (e.g., beginner contests when you are not a beginner).
Any use of the Daily Pick'em service in violation of the foregoing constitutes a breach of this Agreement and may result in, among other things, Account suspension and/or termination, prohibition from using the Daily Pick'em service, and/or legal action. Users understand that any attempt to deliberately damage the Daily Pick'em service or undermine any Contest may also be a violation of criminal and/or civil laws and Daily Pick'em reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. If Users wish to report any abuses, inappropriate online conduct, or a violation of this Agreement, please forward all evidence of the same to support@dailypickem.net. Please report responsibly.
PLEASE READ THIS SECTION CAREFULLY AS IT MAY SIGNIFICANTLY IMPACT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Initial Dispute Resolution
Users agree to work with Daily Pick'em in good faith to resolve any dispute, controversy, disagreement or claim ("Dispute") arising out of or relating to this Agreement or their use of the Daily Pick'em service before escalating the Dispute to binding arbitration or litigation, as addressed below. Users must give Daily Pick'em an opportunity to resolve the Dispute by sending written notification to support@dailypickem.net with the subject line "DISPUTE". The written notification of Dispute must include: (i) the User’s name and address; (ii) a written description of the Dispute; and (iii) a description of the specific relief the User seeks. The parties agree to use their best efforts to resolve Disputes using this Initial Dispute Resolution process.
Binding Arbitration
By entering into this agreement, You agree that all Disputes between You and Daily Pick'em that cannot be resolved through Daily Pick'em’s Initial Dispute Resolution procedure shall be resolved exclusively and finally by binding arbitration conducted before a single arbitrator in accordance with the American Arbitration Association’s ("AAA") Commercial Arbitration Rules and expedited hearing procedures. TEXCEPT AS OTHERWISE PROVIDED BELOW, NO DISPUTE MAY BE BROUGHT AS A CLASS ACTION AND YOU DO NOT HAVE THE RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS ACTION WITH RESPECT TO ANY DISPUTE.
You further agree that the arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. The arbitrator’s decision shall be final and binding on You and Daily Pick'em and may be entered as a judgment in any court of competent jurisdiction. Each party shall bear its own costs in connection with any arbitration proceedings. The parties shall equally share the fees of the arbitration and the arbitrator.
Class Action Waiver
The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. USERS AND DAILY PICK'EM AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITIES AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exception – Litigation of Intellectual Property and Small Claims Court
Notwithstanding the parties’ decision to resolve all disputes through binding arbitration, either party may bring an action in a state or federal court l to protect or enforce intellectual property rights. Intellectual property rights include patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights. Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
30-Day Right to Opt Out
YOU HAVE THE RIGHT TO OPT-OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS SET FORTH ABOVE WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the "Opt-Out Deadline"). The written notification must include (i) the User’s name and address and (ii) a clear statement that the User does not wish to resolve disputes with Daily Pick'em through binding arbitration. A decision to opt-out of these provisions will have no adverse effect on the User’s relationship with Daily Pick'em. If Users opt-out of these provisions, Daily Pick'em also will not be bound by them. ANY OPT-OUT REQUEST RECEIVED AFTER THE OPT-OUT DEADLINE WILL NOT BE VALID AND USERS MUST PURSUE THEIR DISPUTE THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT.
Please note that this Terms of Service is subject to change. Please visit http://www.dailypickem.net for the most updated version of our Terms of Service.
By using Daily Pick'em, you agree to our Terms of Service.