WinStreak Sports Terms of Use

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPACT YOUR OPPORTUNITY TO WIN. VOID WHERE PROHIBITED BY LAW. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND PARTICIPANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT. THESE OFFICIAL RULES ARE A CONTRACT BETWEEN YOU AND THE CONTEST SPONSOR, SO READ CAREFULLY BEFORE PARTICIPATING.

Prizes will be awarded only if an eligible entrant achieves a WinStreak of the contest’s specified length. If no eligible entrant achieves a WinStreak of the specified length, no prize will be awarded.

Introduction

WinStreak Sports invites participants to compete by submitting predictions concerning the success of professional sports teams. The object of WinStreak is to establish and build a virtual "win streak" by making correct consecutive predictions regarding which teams will win on a particular game day.

To enter, you must register for WinStreak via WinStreakSports.com or the WinStreak Sports App (as defined below), enter a contest, and then, select eligible teams that you predict will win the specified game (each such prediction, a "Pick"). Your WinStreak score ("WinStreak") is measured as the number of correct picks in a row without an incorrect pick. WinStreak is subject to all applicable laws, rules, and regulations. Void where prohibited or restricted by law, rule, or regulation.

Eligibility

WinStreak is open only to legal residents of the United States, who are, as of the date of WinStreak registration, registered users of WinStreakSports.com, legal age of majority in their jurisdiction of residence and at least twenty-one (21) years old, and not otherwise ineligible per the terms of this Section 2. Excluded individuals may play, but WILL NOT be eligible to receive any prize.

Employees, officers, and directors and their immediate family members (spouse, parent, child, sibling, and their respective spouses, regardless of where they reside) and members of the same household (whether or not related) of WinStreak Sports or any contest sponsor, the other WinStreak entities (as defined below), each of their respective parent companies, subsidiaries, affiliates, governors, related entities, partners, partnerships, principals, licensees, sponsors, and advertising/promotion agencies, any contest prize provider or commercial sponsor, and any other entity associated with WinStreak, and all of their respective officers, directors, employees, agents, representatives, successors, and assigns (collectively, "Promotion Parties") are not eligible to participate or win. The "WinStreak entities" shall mean Sponsors, each of their parent, subsidiary, affiliated and related entities, any entity which, now or in the future, controls, is controlled by, or is under common control with the sponsors.

Entry Period and Lock Time

The entry period for WinStreak contests will begin at the time specified on the website or app, and end upon a user winning a contest, or at the conclusion of the final game of the league’s regular season (the “WinStreak Entry Period”). Your Picks for a particular game day must be recorded before Lock Time (as defined below). If you do not timely submit a Pick for any particular game day, your WinStreak will not end and revert to zero. Instead, your WinStreak will hold at its then-current number, until it either grows or reverts to zero as described in Section 6 below.

For purposes of WinStreak, “Lock Time” means the scheduled start time of the game in which your Pick is scheduled to participate. For example, if a team is scheduled to begin a game at 7:00 p.m. ET on a particular game day, the Lock Time by which any Pick from that game must be recorded is 7:00 p.m. ET of such game day, regardless of whether the game actually begins at such time or later. You can submit your Picks as early as X days prior to the relevant game day, provided that if the contest Start Time is less than X days before any game day, you can submit your Picks for such game day as early as the contest Start Time.

Regarding Changes to schedule: The menu from which you make your Pick is specific to both game day and match-up. If there are any official schedule changes such that your Pick does not play on the game day or in the match-up that was designated in the selection menu, for example due to cancellation because of extreme weather, your Pick will be ruled “void” and your WinStreak will not be affected.

If the game is made up the following day, you will have to make your Pick again from the selection menu, which will display the updated date and start time. Please note that the selection menu will be updated only after changes have been made official. For example, if there is an announcement that “Game X” will be postponed and made up at a later date, the selection menu will show Game X as an option only after it has been officially added to the league’s official schedule.

Regarding Double-Headers: In the event that a team plays two games in one day, each game’s start time will be specified and you will be making your Pick from each individual game. Also, note that, if you so desire, you may pick the same team for each game of a double-header.

WinStreak Registration

To enter a contest on WinStreak, you must (a) be a registered user of WinStreak Sports and (b) enter the contest at WinStreakSports.com or via the WinStreak mobile app (“App”). On the WinStreak Sports website click on the sign-up button and then complete and submit the WinStreak Sports sign-up form. Alternatively, you may download and install the App on your smartphone or other mobile device and register for WinStreak Sports via the App.

By fully completing and submitting all information required for WinStreak Sports registration, including your date of birth, and confirming your agreement to these Terms of Use, you will be registered as a WinStreak Sports user. WinStreak Sports registration is free. Data and usage rates may apply to download, installation, and use of the App or of a mobile phone or other web-enabled device; check with your service provider for details on these and other charges. Wireless service is not available in all areas.

Throughout the WinStreak Contest Entry Period, WinStreak Sports may release updates to the App and notify you of the availability of such updates via in-App messaging or other means. Be sure to install these updates to participate in WinStreak contests via the App. If you do not install updates to the App when they are available, you may not be able to participate in WinStreak contests via the App. Incomplete WinStreak registrations are void. Participants are responsible for ensuring all their contact information is up-to-date and accurate.

WinStreak Entry; Entry Limit

One (1) WinStreak entry consists of an initial Pick submitted when your WinStreak is at zero and all subsequent consecutive Picks, until you submit an incorrect Pick and your Streak reverts to zero (or contest concludes). Limit one (1) WinStreak registration per person, per email address, and per contest for the duration of each individual contest. Additional WinStreak registrations received from any person/email address will be void.

There is no limit to how often you can attempt to build a new Streak after reverting to zero, and therefore no limit on the number of entries you can submit in a WinStreak contest. You cannot, however, submit or manage simultaneous entries. The use of a script, macro, or any other device to automate or subvert the contest registration or entry process is prohibited and all such registrations and entries will be void. Sponsor reserves the right to permanently disqualify any person it believes has intentionally violated these Terms.

Establishing and Maintaining a WinStreak; Scoring:

Your WinStreak is measured by the number of correct predictions you make, subject to the following:

You will achieve a WinStreak of one (1) upon your first correct Pick (i.e., your Pick wins the specified game), so long as the game started and lasted the requisite amount of time to be considered “official”.

Your Streak will increase by one (1) with each next Win.

Your Streak will hold at its then current-number under any of the following scenarios (each such scenario, a "Void"):

A. your Pick does not play on the specified date, for any reason;

B. the game in which your Pick is scheduled to play is suspended and, (a) continued at a later date, or (b) the game is ruled “not official” by the league and is restarted at a later date;

D. you do not timely submit a Pick on a given day

If your Pick is neither a Win nor Loss (i.e. draw), your Pick is considered incorrect. In such case, your Streak will end and revert to zero. In such event, you may establish a new Streak and compete again by re-entering the contest and submitting further Picks.

WinStreak will allow entrants to make as many picks as desired for a particular game day, and potentially increase a WinStreak by as many games as are happening on the given game day.

You may submit multiple Picks for any game day, so long as your Picks are recorded prior to their applicable Lock Times. In other words, if you submit one (1) Pick and wish to submit subsequent Picks, you may do so as long as the Lock Time for your Pick has not yet passed. You may add subsequent Picks after the Lock Time of your first prediction has passed, provided the Lock Time of the subsequent Pick(s) has not yet passes. You cannot change any of your Picks after the applicable Lock Time. In other words, you can make a prediction on any game so long as that particular game has not started yet. The outcomes of your multiple Picks will be scored and impact your Streak as detailed below:

All Picks that have locked (i.e. their Lock Time has passed) will be settled and applied to your score, regardless of whether or not you reached a WinStreak of contest-winning length. This means even if you cross the winning threshold, your score is beholden to the results of all ongoing locked Picks, as detailed in the example below:

Example: You make 12 picks, 10 of which have Lock Times of 1:00 PM ET. The other two have Lock Times of 2:00 PM ET. At 2:30 PM ET, the first 10 games end, and you win all 10. Your WinStreak is now 10, which is the specified length to win the contest. However, you still have two ongoing Picks, which will affect your score normally. Because these picks locked before the contest ended, their results will apply to your score. At 3:30 PM ET, one of your Picks loses, and thus your score is reverted to zero (0).

Sponsor reserves the right, but assumes no obligation, to correct and update Streak scores based on errors or irregularities in the tabulation or transmission of entries or Streaks. The decisions of Sponsor are final and binding with respect to WinStreak scoring and in all other WinStreak matters.

Prize; Prize Terms

WinStreak features one (1) Grand Prize for each contest, as set forth below. Only one (1) prize will be awarded, subject to the WinStreak requirements. No prize will be awarded if no entrant reaches the specified requirements prior to the end of the league’s season. If multiple entrants achieve the specified requirements, they will split the Grand Prize evenly.

The "Grand Prize" is clearly specified for each contest. GRAND PRIZE WILL ONLY BE AWARDED IF AN ELIGIBLE ENTRANT ACHIEVES A WINSTREAK OF THE SPECIFIED LENGTH OR GREATER, WITHOUT AN INCORRECT PICK, AND AS DETERMINED BY SPONSOR, IN ACCORDANCE WITH THESE TERMS. IF NO ELIGIBLE ENTRANT ACHIEVES A WINSTREAK OF THE SPECIFIED LENGTH OR GREATER, THE GRAND PRIZE WILL NOT BE AWARDED FOR THAT CONTEST.

Winner is fully responsible for any and all applicable taxes (including income and withholding taxes). All costs and expenses associated with acceptance and use of any prize which are not specifically described as being provided by Sponsor are the sole responsibility of the winner. All prize details are at Sponsor's sole discretion.

Determining the Winner; Notification

Subject to verification of eligibility and compliance with these Terms, the eligible entrant who first achieves a WinStreak of the specified length (if any) will win the Grand Prize, provided that a tie will be declared if multiple entrants make such achievement on games with the same Lock Times. In the event of a tie (i.e., two (2) or more eligible entrants achieve a WinStreak of the specified length on games with the same start time, the Grand Prize, as applicable, will be divided equally among the tied, eligible participants.

For the avoidance of doubt:

If two (2) or more entrants achieve a WinStreak of the specified length on games with the same Lock Times, a tie will be declared even if one (1) such entrants’ WinStreak reaches the specified number before the other, and the prize will be split evenly between the entrants. For example, if an entrant achieves a WinStreak of the specified length at 3:00 p.m. ET and another entrant achieves a WinStreak of the same length at 4:00 p.m. ET, a tie will be declared if the games had identical Lock Times.

If an entrant has a WinStreak lower than the specified amount, and makes multiple Picks, one of the outcomes of which includes a Loss, such entrant’s Streak would end and revert to zero, regardless of whether the entrant reached the specified milestone.

The potential winner will be notified by email within approximately three (3) business days following the conclusion of the WinStreak contest. Entrants are solely responsible for monitoring their email for WinStreak-related notifications. Sponsor will have the right, in its discretion, to require proof of identity and/or eligibility in a form acceptable to Sponsor (for example, government-issued photo identification) for winner verification purposes.

In order to receive a prize, the potential winners may be required to execute and return an Affidavit of Eligibility & Liability Release and (where legal) Publicity Release, and any other documents required by Sponsor, within five (5) business days of date of issuance. The potential winner will be required to submit his/her valid social security number and will receive an IRS Form 1099 for any prize valued at $600 or greater.

If any prize or prize notification is returned as undeliverable or is declined, if Sponsor is unable to contact a potential winner, if the potential winner does not timely respond to prize notification or document requirements, or if a potential winner is not in compliance with these Terms, such potential winner will be disqualified and the prize in question will go unawarded, provided however that in the event of a tie, the prize may be awarded to the remaining, non-disqualified potential winner(s).

The prize will be awarded only to the Authorized Account Holder of the email address used for WinStreak Sports registration (subject to verification of eligibility and compliance with these Official Rules). The “Authorized Account Holder” is the natural person to whom the applicable ISP or other organization (such as a business or educational institution) has assigned the submitted email address for the domain associated with such email address.

Publicity

Except where prohibited by law, by registering for WinStreak Sports, each entrant grants permission to the Promotion Parties for the use of his/her name, photograph, likeness, statements, biographical information, voice, address (city and state), and prize information (if any) worldwide and in all forms of media worldwide, in perpetuity, without further compensation or notice, for any and all purposes, including promotional and advertising purposes and for inclusion on a winners list.

Promotion Conditions

By registering for WinStreak Sports, each entrant accepts and agrees (a) to be bound by these Terms, including all eligibility requirements, the WinStreak Sports website Privacy Policy, and the decisions of the Sponsor, which shall be final and binding in all respects and (b) gives his/her express permission to be contacted by Sponsor and/or its representatives for administration purposes. Sponsor's computer will be the official clock of WinStreak contests. By registering for WinStreak Sports, each entrant also agrees to refrain from conduct or communications which may harm the image or reputation of Sponsor or the other Promotion Parties, as determined in Sponsor's sole discretion.

No transfer, assignment, cash redemption, or substitution of a prize (or portion thereof) is permitted except by Sponsor, who reserves the right to substitute a prize (or portion thereof) with one of comparable or greater value as determined by Sponsor. Participation in WinStreak contests is at participant's own risk. Game dates and times are determined in the sole discretion of the applicable leagues and may be subject to change.

The Promotion Parties are not responsible for lost, incomplete, inaccurate, garbled, late, delayed, undelivered, or misdirected registrations, predictions, entries, transmissions, or email; theft, destruction, or unauthorized access to, or alteration of, entries or email; computer hardware or software malfunctions or failures or malfunctions of phones/mobile devices (including wireless phones/handsets or other wireless devices), phone lines, or telephone systems; interrupted or unavailable network, server, cable, satellite, Internet service provider, or other connections; any error, omission, interruption, defect, or delay in any transmission or communication; network traffic congestion or for any technical problem, including, but not limited to, any injury or damage to participant's or any other person's computer or mobile device related to or resulting from participation in WinStreak contests; errors or ambiguity in these Terms, any WinStreak-related advertisements, or other materials; the selection or announcement of the potential winner or the distribution of the prize; the cancellation, suspension, or preemption of games, scoring tabulation, or timing errors; injuries or unavailability of players; or other problems or errors of any kind whether mechanical, human, electronic, typographical, printing, or otherwise. Entrants are responsible for any charges of online or Internet service providers or wireless carriers.

Sponsor reserves the right, in its sole discretion, to disqualify any participant and void any his/her entries if Sponsor believes such participant has attempted to tamper with or impair the administration, security, fairness, or proper play of WinStreak contests or is in violation of these Terms. Sponsor, in its sole discretion, reserves the right to modify, suspend, extend, terminate, or cancel WinStreak contests (or any portion thereof) at any time and for any reason, including, but not limited to, to ensure the fairness and integrity of WinStreak contests or in the event Sponsor is prevented from executing WinStreak contests (or any portion thereof) as contemplated herein by any event beyond their control, including but not limited to: fire; flood; earthquake; explosion; public health epidemic or crisis; labor dispute or strike; act of God or public enemy; network or equipment failure; riot or civil disturbance; terrorist threat or activity; war (declared or undeclared); court order; or federal, state, or local government law, order, or regulation. Sponsor also reserves the right, in their sole discretion, to modify, suspend, extend, terminate, or cancel WinStreak contests (or any portion thereof) should virus, bugs, unauthorized human intervention, or other causes or events corrupt administration, security, fairness, integrity, or proper operation of WinStreak contests.

CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR APP ASSOCIATED WITH THIS CONTEST IN ANY WAY, OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS CONTEST, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR AND ITS AGENTS WILL DISQUALIFY ANY PARTICIPANT RESPONSIBLE FOR THE ATTEMPT AND SPONSOR AND ITS AGENTS RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS' FEES) AND OTHER REMEDIES FROM ANY PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.

Sponsor reserves the right, in their sole discretion, to modify these Terms for clarification purposes without materially affecting the terms and conditions of individual contests. Sponsor's failure to enforce any term of these Terms shall not constitute a waiver of that provision. In the event that WinStreak Sports is challenged by any legal or regulatory authority, Sponsor reserve the right to discontinue or modify WinStreak contests, or to disqualify participants residing in the affected geographic areas. In such an event, the Sponsor shall have no liability to any participants who are disqualified due to such action.

Waiver/Release, Limitation of Liability and Disclaimer of Warranties

By registering for WinStreak Sports, each participant agrees (a) to waive any right to claim any ambiguity or error in these Terms, the contest webpages, or the App and (b) to indemnify, hold harmless, and fully release the Released Parties from any claim, action, demand, liability, loss, injury, or damage caused, directly or indirectly, in whole or in part, by participation in WinStreak contests, any WinStreak-related activity, and the acceptance, possession, quality, use, or misuse of any prize, including any travel or activity related thereto and any and all taxes and other fees applicable thereto.

IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND PARTICIPATION IN THE CONTEST. IN NO EVENT SHALL THE RELEASED PARTIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED $100. WITHOUT LIMITING THE FOREGOING, WINSTREAK SPORTS, INCLUDING ANY PRIZE, IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

Arbitration; Class Action Waiver

Except where prohibited by law, as a condition of participating in this contest, each participant agrees that (a) any and all disputes and causes of action arising out of or connected with this contest, or any prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of JAMS and held in the State of Delaware; (b) the Federal Arbitration Act shall govern the interpretation, enforcement, and all proceedings at such arbitration; and (c) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will any participant be permitted to obtain awards for, and each participant hereby waives all rights to claim, punitive, incidental, or consequential damages, or any other damages, including attorneys' fees, other than participant's actual out-of-pocket expenses (i.e., costs associated with participating in WinStreak contests), and each participant further waives all rights to have damages multiplied or increased. For New Jersey residents, the limitations set forth above are inapplicable where attorneys' fees, court costs, or other damages are mandated by statute.

Choice of Law

All issues and questions concerning the construction, validity, interpretation, and enforceability of these Terms, or the rights and obligations of participant and Sponsor in connection with WinStreak Sports, shall be governed by, and construed in accordance with, the substantive laws of the State of Delaware, USA.

Privacy

All information submitted by participants is subject to, and will be treated in a manner consistent with, WinStreak Sports website’s Privacy Policy. Participants may be given the option to receive (a) commercial email from WinStreak Sports, its affiliates and/or partners (including commercial sponsors of WinStreak contests); however, eligibility to participate in the contest is not dependent upon consent to receive such emails and/or mobile text messages and updates and consenting to receive such emails and/or mobile text messages and updates will not impact any participant's opportunity to win. Standard messaging rates apply to mobile text messages and updates. Check with your mobile service provider for more information. Certain of your WinStreak Sports registration information and activity may be shared with WinStreak Sports sponsors.

Sponsor

WinStreak Sports is a contest hosting company designed to increase consumer awareness of and interest in various professional sports leagues.