Effective: July 2013
Terms & Conditions
Terms of Service and License Agreement
BY CHECKING THE “I ACCEPT” BOX AND REGISTERING FOR PERFECTSTREAK MEMBERSHIP, OR BY USING OR ACCESSING THE SERVICE, YOU ARE AGREEING TO ALL OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST REQUEST THAT YOUR ACCOUNT BE DELETED AND YOU MAY NOT ACCESS OR USE ANY PART OF THIS SERVICE.
NO PURCHASE NECESSARY. Entering a Perfectstreak Contest or purchasing a Perfectstreak membership does not increase the chances of winning a prize.
This agreement, including addendums, (collectively referred to as the “Agreement“) is between you (“Player“) and PERFECTSTREAK.COM, LLC (“us” or “we“). Read the following terms and conditions before using or entering any Contest.
1. LICENSE AGREEMENT
We grant to Player a non-exclusive license to use the Site, subject to the terms of this Agreement. We may modify this Agreement at any time without prior notice. We will post all changes to or modifications of this Agreement on our website perfectstreak.com (the “Site”) and the changes and modifications will become effective the day after such posting. Players are responsible to periodically review this Agreement and any other terms and conditions posted at perfectstreak.com. Player shall not participate in the Contests, discussion boards, or enter the Site, nor accept any Prize if Player does not fully understand, agree to, become a party to, and abide by, without exception, all rules, regulations and terms and conditions contained herein and as such rules, regulations and terms and conditions may change from time-to-time. The term of this Agreement is simultaneous with the longevity of each player.
2. LICENSE RESTRICTIONS
You may not:
a) Permit other individual(s) to access your contests or membership;
b) Modify, translate, reverse engineer, decompile, disassemble or create derivative works based upon the Site;
c) Copy the Site;
d) Rent, lease, transfer, sublicense or otherwise transfer rights to the Site;
e) Remove any proprietary notices or labels on the Site, including the code underlying the Site; or
f) Use the Site for any reason other than your private use. Commercial use is expressly prohibited;
g) Have more than one user account.
3. LIMITATIONS ON USE
You agree that you will use the Site in a manner that complies with all applicable laws in the jurisdictions in which you use the Site. We assume no responsibility for your actions. You acknowledge that if we are unable to determine where the Site is being used, that we may rely upon your representation and express acceptance of this restriction by playing at your own risk, and that you will not use the Site to promote, advance, nor associate with any commercial undertaking.
We are not responsible for claims for losses or damages resulting from any play under any condition. Contest players are playing against each other and not against us. Play at this Site is at the sole option, discretion and risk of the player. Player is also responsible for maintaining the secrecy and security of their account password and other personal security information associated with authorized game entry. We are not responsible for the unauthorized use of your account, or for any losses that may result from such unauthorized use.
4. LIMITED WARRANTY
We do not warrant that your use of the Site will be uninterrupted or that the operation of the Site will be always guaranteed error-free or secure. We warrant to player that the Site will operate for purposes of normal use for a period of 60 days from the date of this Agreement. In the event that this warranty is breached, our only obligation under this Agreement and Player’s sole remedy is, at our option, to (a) refund the price of your most recent deposit; or (b) terminate this Agreement.
5. LIMITATION OF LIABILITY
The Site is provided “AS IS.” THERE ARE NO WARRANTIES OF ANY KIND AS TO THE SITE’S IMPLIED MERCHANTABILITY OR TO FITNESS FOR A PARTICULAR PURPOSE, EVEN IF WE HAVE BEEN ADVISED OF THAT PURPOSE. WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. This Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is expressly excluded.
6. HOLD HARMLESS AND REMEDY
You agree to hold harmless, indemnify and defend us, our parent company, our affiliates, and our and their respective officers, directors, employees, lawyers, contractors, licensors and licensees, and advertising public relations agencies from and against any losses, damages, fines and expenses (including attorneys’ fees and costs) resulting from your violation of any of the terms of this Agreement.
7. YOUR REPRESENTATIONS AND WARRANTIES
You hereby represent and warrant to us as follows:
A. You have read and you understand this Agreement.
B. The execution, delivery and performance by you of this Agreement and the consummation by you of the transactions contemplated hereby will not, with or without the giving of notice, the lapse of time or both, conflict with or violate: (i) any provision of law, rule or regulation to which you are subject; (ii) any order, judgment or decree applicable to you or binding upon your assets or properties; or (iii) any agreement or other instrument applicable to you or binding upon your assets or properties.
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability will not invalidate or render unenforceable any other part of this Agreement, but the Agreement will be construed as not containing the particular provision or provisions held to be invalid or unenforceable.
9. CONTEST ENTRY
All individual Contests, where premium prizes are awarded, will be entered into via one of three ways: 1) a deposit entry, 2) entry by mail – a player must send a 3 x 5 inch notecard in a No. 10 envelope, containing his or her Username, First and Last Names, Complete Mailing Address of Residence (e.g. Street, City, State, ZIP code), Email Address, Telephone Number, Date of Birth, and Contest Game Name and Start Date to 5706 E. Mockingbird Lane, Suite 115-213, Dallas, Texas 75206 (Note: a maximum of one notecard will be accepted per envelope sent-in and will only be valid for entry into one Contest, where prizes are awarded), and 3) the accumulation of 3,000 points through free play Contests where points are awarded. Accumulated points from free play Contests can be redeemed for entry into one prize Contest where prizes are awarded. For each player, a free play contest win equals 1,000 points, with 3,000 points needed to enter a prize Contest. NOTE, POINTS HAVE NO MONETARY AND NO CASH REDEEMABLE VALUE.
10. CHAT POLICY
We strive to maintain a friendly and pleasant atmosphere for our players. While we cannot be held responsible for the conduct of any player, we do reserve the right to refuse use of our discussion boards to anyone who violates our code of conduct.
The following is deemed inappropriate conduct:
1) Collusion with another player during a live Contest or any other form of cheating;
2) Any and all discussion related to the placing of sports bets;
3) Attempting in any way to induce a player to leave a Contest to play in another;
4) Attempting in any way to force a player out of a perfectstreak, dailystreak, 30 for 30, outstreak, quickrank, perfectbracket, or any variation of available Contest through inappropriate means;
5) Or maintaining more than one account with us.
6) Impersonating PerfectStreak.com staff and/or acting on an official capacity.
Players conducting chats that are deemed inappropriate or abusive may have chat privileges revoked temporarily or permanently. This behavior includes:
1) Verbally threatening any customer or employee or using profanity or obscene language;
2) Making statements that could unfairly influence the action in a Contest;
3) Chatting in any language other than English during Contest play (trivial exceptions will be made);
4) Advertising websites or other commercial services;
5) Typing words, characters or phrases that make it difficult for others to understand the messages;
6) Any and all forms of spamming;
7) Coaching players or suggesting how others should play within their respective Contests;
8) Management reserves the right to make decisions in the interest of fairness and players’ previous chat history with us;
9 The decisions of management are final and are not subject to review or appeal;
10) When reporting player behavior that violates our code of conduct or reporting Contest concerns to member services, players should include specific Contest details to indicate when and where the violation or problem took place.
1. ACCOUNT BENEFITS
1) User registration benefits, which may vary from time to time, include, digital assets, access to an on-line newsletter, discount coupons, special offers, and discussion board access. These are benefits that are not available to visitors to the Site. We will post a listing of all upcoming Contests on the homepage. Note: we reserve the right at our sole discretion to substitute, modify or terminate specific user benefits. You have no right to a specific user benefit. In order to cancel your membership you must follow the cancellation instructions found on the My Account tab on the Site, perfectstreak.com/account.
2) We reserve the right to change the fees or billing methods at any time. Notice of any change will be posted at least 30 days in advance of the change. You are responsible for reviewing the billing requirements to obtain timely notice of such changes. Continued Contest entry 30 days after posting of the changes constitutes acceptance of such changes. If you decide to cancel your account, you can do so at any time but all deposits are nonrefundable.
3) A newly registered player (See paragraph 4 below) will receive 1,000 points (the “Standard Points Allotment”) when he or she opens an account. If that member’s account falls below the Standard Points Allotment as of 12:01 A.M. Eastern Standard Time on any given day, then his or her account will be increased back up to the amount of the Standard Points Allotment. If at the end of a given day a player has points totaling more than the Standard Points Allotment, those accumulated points will remain with the player’s account. We reserve the right to modify the Standard Points Allotment, attributed to player accounts, at any time and at our sole and absolute discretion. Points have no monetary nor cash redeemable value.
4) You do not need to deposit funds to participate in Contests, where prizes are awarded. For alternative means of Contest entry, a player must:
a) Register as a free player by creating a username and password and accumulate 3,000 points through free play Contests, where points are awarded; and
b) To participate in various Contest(s), each player must send a 3 inch x 5 inch card in a No. 10 envelope on which the player has legibly handwritten his or her Username, First and Last Name, City and State of Residence, Email Address, Telephone Number, Date of Birth, and the Contest Game Name and Start Date. A maximum of one 3 x 5 inch card will be permitted per envelope good for one prize-awarded Contest entries, to 5706 E. Mockingbird Lane, Suite 115-213, Dallas, Texas 75206. Multiple cards beyond the limit of one in a single envelope are not acceptable. If more than one card is sent in a single envelope all will be discarded. Kentucky residents may request postage reimbursement by writing “Please reimburse postage” on the 3 inch x 5 inch card. Reimbursement will be in the form of one first-class U.S. Postal Service postage stamp. No photocopies, reproductions or facsimiles of the 3 inch x 5 inch card are allowed. The usage of a service to provide the production of the 3 inch x 5 inch card will not be allowed.
c) Approved mail-in entries will receive points in accordance with Section 1.3 above.
d) We will post a listing of all upcoming Contests on the homepage.
e) We will not be responsible for late, lost, illegible, incomplete, stolen, misdirected, mutilated or postage-due mail, nor for entries that do not strictly comply with these rules. We will advise you of your eligibility dates by email. The odds of winning any prize will be the same by mail-in entry as by deposit entry. The odds of qualifying based on point accumulation will be the same by mail-in entry as by deposit entry, and all players entering through this means will be accorded equal opportunities to participate and win Prizes, and will depend on the number of entrants.
2. PLAYER ELIGIBILITY AND PRIZE CLAIMS
Subject to State and Local Laws.
1) You are subject to the laws of the country, state, city or other legal entity (collectively “Jurisdiction“) in which you reside and/or from which you access the Site. Access to the Site may not be legal for some jurisdictions or for all residents of, or persons present in, certain jurisdictions. We have installed filtering systems designed to limit access from known ineligible jurisdictions. It is your responsibility to comply with the law in your jurisdiction. We do not make any representation or warranty, express or implied, as to the lawfulness of your participation in the Contest sweepstakes, or that materials on the Site are appropriate for your use. The information contained herein does not constitute an offer, solicitation or invitation by us for the use of any service in any jurisdiction in which such activities are prohibited or restricted. We further reserve the right to require you to provide proof that you are eligible to participate and win prizes in the Contest sweepstakes prior to awarding any prizes. We also reserve the right, at our sole and absolute discretion, to refuse service and access to any potential players.
2) For persons within the United States, to open an account and/or participate in any Contest offered on the Site, you must:
a) Be a natural person, at least 18 years old, who is assigned to the e-mail address submitted on your account registration form;
b) Be a U.S. citizen or resident alien with a U.S. address;
c) Be physically located within the U.S.; and
d) Be physically located in a U.S. state in which participation in the Contest offered on the Site is unrestricted by law.
3) For persons NOT within the United States, to open an account and/or participate in any Contest offered on the Site, you must: be a natural person, at least 18 years old, who is assigned to the e-mail address submitted on your account registration form. If you are a U.S. resident, make sure you are not from one of the restricted states. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
4) The rules governing sweepstakes Contests with entry fees and/or prizes awarded are set by each individual state. See list of ineligible states on the Eligibility page, https://perfectstreak.com/eligibility/.
5) VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If you open an account and/or participate in any Contest offered on the Site while located in a prohibited jurisdiction, you will be in violation of the law of such jurisdiction and these Terms and Conditions, and subject to having your account suspended or terminated and you will NOT BE ELIGIBLE to claim any prizes won.
6) Mail-in entry for Contests is not available to residents of ineligible states.
7) The following persons are also ineligible to receive any prize offered on the Site: employees, officers, and directors of the Site, its parent companies, subsidiaries, and affiliated companies, as well as our respective advertising agencies, public relations agencies and law firms; and any other person with access to non-public information regarding the operation of any Contest offered on the Site.
8) Parental Control. Parental control protections (such as computer hardware or filtering services) are commercially available and may assist you in limiting access to material that is harmful to those under 18 years of age, or the legal age to participate in the Contest sweepstakes in the applicable Jurisdiction, whichever is higher.
9) Our Employees, officers, directors, and their immediate family members are not eligible to participate in any of the Contests. For purposes of the foregoing “immediate family” means parents, grandparents, spouses, children, siblings or any members of the same households of such employees, officers, and directors.
10) Only eligible players may claim prizes. All prizes must be claimed within 180 days of the end of the month in which the prize is won. Failure to make a prize claim and prove eligibility within 180 days will give rise to the presumption that the player is ineligible and agrees to forfeiture of the prize.
3. RIGHT TO CANCEL OR MODIFY CONTEST(S) SCHEDULE OR GAME(S) OFFERED
No warranty or representation is made that the prize awarded to a Contest winner will consist of a particular asset, based solely upon the number of players in a varying Contest. We reserve the right, at our sole discretion, to modify any and all games and/or Contests offered, including any and all prizes offered, and including the right to modify and/or vary the specific scheduling and timing of any and all games and/or Contests offered.
We reserve the right at our SOLE and ABSOLUTE discretion to cease Site-related operations at any time, including but not limited to ALL sweepstakes games, Contests, and any and all Site features offered, for reasons including but not limited to: A considered determination that further operation of the Site and its features is not feasible based on assessed risk of operating the games and/or Contests, failure to meet requisite number of players, or general operation hurdles and/or hindrances. In this event, we reserve the ABSOLUTE right to CANCEL and/or MODIFY any and all Site-related matter and we shall owe you nothing. You understand and acknowledge that as a contest player, you are receiving benefits including the exclusive right to engage and/or participate in games and associated Contests, and that you may terminate your use in accordance with the Terms and Conditions herein.
4. PRIZE SUBSTITUTION
We reserve the right to provide substitute prizes of equal or greater monetary value than the original prize award attributed to the associated contest.
5. GENERAL CONTEST RULES
1. ACCEPT OFFICIAL RULES
Participation constitutes entrant’s full and unconditional agreement to these official rules (“Official Rules”) and to PerfectStreak Website (the “Site”) Administrators’ (“Administrators”) decisions that are defined herein. All decisions of the Administrators regarding all Sweepstakes Contests (the “Contests”) matters are final and binding. Winning a prize is contingent on fulfilling all requirements set forth herein. These rules are subject to change or alteration at any time and for any reason, due to foreseen or unforeseen circumstances relating to actual game play and functionality, or as it relates to the introduction of future games.
2. ENTRY PAGE
To access the Contests, log-on to the Contest’s web page at https://perfectstreak.com.
To play the Contests, you must be a registered user of the Site. Registration for perfectstreak.com is free. You may register by clicking on the applicable link on the entry page for the Contests, and following the instructions. You will be asked to provide your first and last name, e-mail address, complete mailing, City and State of Residence, telephone number, date of birth and to select a username and password.
Contests begin at 6:00 a.m. Central Time (“CT”), on the specified Contest Start-Date, and end on the earlier of (1) the elimination of the last entrant or (2) at 11:59 pm 31 days later.
4. HOW TO ENTER
Go to the Site: https://perfectstreak.com, and log-in with your registered username and password.
Click on the Contest in which you want to participate and follow the highlighted instructions.
Limit. ONE ENTRY PER CONTEST, PER REGISTERED USER.
Void. The use of any automated system (e.g. robots, automatic, macro, programmed or like entry methods) is strictly prohibited. Any attempt by any entrant to use an automated system to obtain more than one entry, will void that entrant’s entry, and render that person ineligible to receive any prizes. Attempts to tamper with or alter any or all of the Site’s gameplay or functionality are strictly prohibited, and will result in account cancellation and/or risk permanent suspension from the Site.
30 FOR 30 SWEEPSTAKES CONTEST OFFICIAL RULES – 2013
5. HOW TO PLAY
The 30 for 30 Sweepstakes Contests are sport specific: NBA, NHL, MLB, and NFL. Players, using their individual knowledge, luck and prognostic skill, must select ONE team to win a specific sporting event PER DAY, with the goal being to accumulate an unbroken string of consecutive correct selections, or a “Perfectstreak.” Each player can choose a specific team “To WIN” only one time during each particular 30 for 30 Contest. However, an MLB Contest with 30 baseball teams would reset to allow continued play past 30 days, assuming the Contest proceeds to a tiebreaker and the remaining players have not used their one allotted pass day. For example, once a player chooses a given team, say the St. Louis Cardinals “To Win” on a given day of the Contest, then that player may not choose that team to win again until the tiebreaker on the 31st day. This process continues on a daily basis until a player records the longest consecutive winning streak, or is eliminated by incorrectly choosing a team “To Win” that day.
A player’s specific team selection for the day must be recorded prior to the start of each sporting event. At the start of each Contest, each player is automatically provided a one-day pass. This allows the player to skip making a selection on one day, and one day only, during the Contest. During this time, each player’s respective streak remains intact so it behooves each player to make use of it.
A selection of a losing team, or failure to make a selection in excess of the allotted one pass day, automatically eliminates the player from further participation in the particular Contest, barring the tiebreaker exception (See Tiebreaker Rules).
If a player’s winning selection for a given matchup is correct, the streak continues. Players who make a correct winning selection for a given day will have their respective streaks updated not later than 3:00 a.m. CT on the following day (or when the last game of the previous day has been marked “Final”), in order to allow adequate time for all remaining matchups scheduled and/or held in the previous day to be completed. A matchup that ends in a tie will be scored as a “PUSH,” and a player’s streak will remain intact. A Push can occur in one of three ways:
First, two players after 30 days have recorded consecutive streaks of 29 with a Push or the use of a Pass Day;
Second, two players after 30 days have recorded consecutive streaks of 30 without the use of a Push or Pass Day; or
Third, one player records 30 correct selections, the other records 29 correct selections and has a Push or used a Pass Day.
There can be any variation of each of these aforementioned scenarios, which result in a Push and lead to the playing of a tiebreaker. Specific sporting event matchups may be cancelled by the Administrators, for reasons including (but not limited to), player injuries, player absences, or inability to complete the match/game because of weather or any other reason. If this occurs, the matchup will be listed as “Cancelled,” “Postponed,” or “OFF,” and scored as a “PUSH.” In all such cases, the Administrators’ decision is final, binding, and non-appealable. If a game results in a Push, it will not affect a Player’s streak.
6. DETERMINING WINNER; TIEBREAKER RULES
A Perfectstreak is predicting 30 correct winners in a consecutive 30-day period. However, a Perfectstreak is not always necessary as a player will win if he or she outlasts all other players. If at the end of the 30-day period there is more than one player with a Perfectstreak a tiebreaker will be held. If all players except two are eliminated after only eleven correct selections, then the tiebreaker exception will apply and allow the two remaining players to continue their streak until one loses a second time or they proceed to a tiebreaker. The tiebreaker exception will always apply and permit double elimination should only two players remain tied any time before but not beyond the consecutive 30-day period allotted for normal Contest play.
On the 31st day of the Contest, each player must include with their pick a prediction of the actual score of the given game; for example, Denver 7, Los Angeles 6. The total of the predicted scores entered will be the tiebreaker, with the player closest to the actual total winning the tiebreaker. If there is still a tie, then the player closest to predicting the number of runs actually scored by the winning team will be the winner. If there is still a tie, then the player closest to predicting the number of runs actually scored by the losing team will win. Finally, if there is still a tie a random drawing from among the tied players will decide the final winner. Be aware that Pass Days are disabled during the tiebreaker.
7. ALTERNATE POTENTIAL WINNER SELECTION; DISQUALIFICATION
A potential winner will be disqualified if he or she:
a) Does not comply with the Official Rules (or is otherwise determined to be ineligible);
b) Does not respond to the prize notice within ten days;
c) The person fails to comply with these terms and conditions and the rules set by the Site
d) The prize is undeliverable for any reason.
The alternate winner will be the player with the next highest number of correct consecutive picks.
DAILYSTREAK SWEEPSTAKES CONTEST OFFICIAL RULES – 2013
8. HOW TO PLAY
The Dailystreak Contests are sport specific: NBA, NHL, MLB, and NFL. Players, using their individual knowledge, luck and prognostic skill, must select teams they believe will win from the list of possible matchups. The Contest requires each player select one team at minimum to win from a given matchup, however the player may elect to choose more teams to win at the player’s own discretion. The goal is to accumulate an unbroken string of consecutive correct selections, or a “Dailystreak,” thereby outlasting other opponents with fewer correct selections. Each player can choose a specific team “To WIN” only one time during each particular Dailystreak Contest. This process continues for each contest until a player records the longest consecutive winning streak, or is eliminated by incorrectly choosing a team “To Win” that day.
A player’s specific team selection for the day must be recorded prior to the start of each sporting event. A selection of a losing team automatically eliminates the player from further participation in the particular Contest, barring the tiebreaker exception (See Tiebreaker Rules).
If a player’s winning selection for a given matchup is correct, the streak continues. Players who make a correct winning selection for a given day will have their respective streaks updated not later than 3:00 a.m. CT on the following day (or when the last game of the previous day has been marked “Final”), in order to allow adequate time for all remaining matchups scheduled and/or held in the previous day to be completed. A matchup that ends in a tie will be scored as a “PUSH,” and a player’s streak will remain intact. A Push can occur during a Dailystreak contest when two players after one day have recorded equal consecutive streaks, at which time they will proceed to a tiebreaker.
Specific sporting event matchups may be cancelled by the Administrators, for reasons including (but not limited to), player injuries, player absences, or inability to complete the match/game because of weather or any other reason. If this occurs, the matchup will be listed as “Cancelled,” “Postponed,” or “OFF,” and scored as a “PUSH.” In all such cases, the Administrators’ decision is final, binding, and non-appealable. If a game results in a Push, it will not affect a Player’s streak.
9. DETERMINING WINNER; TIEBREAKER RULES
A Dailystreak involves selecting a string of correct outcomes for that particular day. However, a Dailystreak is not always necessary as a player will win if he or she outlasts all other players. If at the end of the day there is more than one player with identical Dailystreak records, i.e. two or more players each made five correct selections without one wrong selection, then a tiebreaker will be held. A tiebreaker would also occur if two or more players happened to each make five correct selections with each player also recording one wrong selection.
The tiebreaker consists of answering three alternate questions provided. The player closest to answering the questions correctly wins. If there is still a tie a random drawing from among the tied players will decide the final winner.
10. ALTERNATE POTENTIAL WINNER SELECTION; DISQUALIFICATION
A potential winner will be disqualified if he or she:
a) Does not comply with the Official Rules (or is otherwise determined to be ineligible);
b) Does not respond to the prize notice within ten days;
c) The person fails to comply with these terms and conditions and the rules set by the Site
d) The prize is undeliverable for any reason.
The alternate winner will be the player with the next highest number of correct consecutive picks.
PERFECTBRACKET SWEEPSTAKES CONTEST OFFICIAL RULES – 2013
11. HOW TO PLAY
Once the playoff schedule for the NBA, NHL, MLB, NFL, or NCAAB March Madness is released, each player wishing to enter a “Perfectbracket” Contest will fill out a bracket sheet in which the player predicts the winners of each game.
An example is provided using Major League baseball and the 2010 MLB playoff teams:
NL Division Series #1: Atlanta vs. San Francisco
NL Division Series #2: Cincinnati vs. Philadelphia
AL Division Series #1: Texas vs. Tampa Bay
AL Division Series #2: New York vs. Minnesota
The bracket sheet will be laid out like the typical March Madness bracket with The National League on the left-hand side and the American League on the right-hand side. The two brackets meet in the middle with the championship game (in this case the World Series).
Using the teams listed above, the MLB playoffs become your typical bracket. If a player chooses San Francisco to beat Atlanta and Cincinnati to beat Philadelphia in the NL Division Series rounds, then the player must decide who wins the NL Championship Series, San Francisco or Cincinnati. Assuming the player chooses Cincinnati to beat San Francisco and thus advance to the World Series, he or she must now replicate the process on the American League side. The player ends with the two teams he or she thinks will be matched up against one another in the World Series, and then must pick the winner.
Assume a player chooses Texas to beat Tampa Bay and the Yankees to beat Minnesota in the AL Division Series rounds. The player must now choose a team to win the Championship Series (Texas or New York). If the player chooses New York to beat Texas the player ends up with a World Series consisting of Cincinnati vs. New York. The player must finally pick who he or she thinks will win the World Series (Cincinnati or New York), and also predict the total number of games played and the total number of runs scored by each team in all games of the World Series.
The winner of the bracket will be the player with a perfectbracket, or the one closest to doing so. A point system rewards players for choosing the winners of specific matchups. In the first round of the playoffs, picking the correct team to advance to the second round earns player five points, while choosing the wrong team adds zero points. The second round is similar, where choosing the correct team to advance to the third round results in gaining ten points while choosing the wrong team earns zero points. In the championship game, a player receives fifteen points for choosing the correct team and zero points for an incorrect choice. In the event that more than one player ends with an equal number of points after the bracket is completed, the winner will be determined by a tiebreaker. Akin to an actual March Madness bracket, once the first playoff game starts no other player can enter the bracket. NOTE: THE POINT SYSTEM DISCUSSED HERE IS SEPARATE TO THE POINT REQUIREMENTS FOR ENTERING PRIZE CONTESTS.
12. DETERMINING WINNER; TIEBREAKER RULES
The total number of games played in the World Series will be the tiebreaker, with the player closest to the actual total winning the tiebreaker. If there is still a tie, then the player closest to predicting the total number of runs scored in all games of the World Series will be the winner. If there is still a tie, then the player closest to predicting the total number of runs scored by the winner in all games of the World Series will be the winner. If there is still a tie, then the player closest to predicting the total number of runs scored by the loser in all games of the World Series will be the winner. Finally, if there is still a tie a random drawing from among the tied players will decide the final winner.
The ultimate winner of this Contest will be the player that has the perfectbracket, or that has the bracket closest to perfect. If two or more players have a perfectbracket, the winner will be based on the tiebreaker.
Perfectbracket Contests for NBA, NHL, and NFL playoffs will work in the same fashion.
Once registered, Players must choose one or more of the offered Contests in which to participate. For example, 30 for 30 Contests where solely points are awarded, or 30 for 30 Contests where both Prizes and points are awarded. Free Play Contests are offered to accumulate points, Prize winning contests require a deposit entry, 3,000 accumulated points, or entry by mail as outlined above to play (See FREE PLAY ONLY). Prize levels are indicated next to each respective contest. Entry to a contest will close ten minutes before start.
Every effort will be made to award a prize at the conclusion of every Contest where a single winner is determined. No prize sharing is permitted (See TIEBREAKER RULES). The Administrators reserve the right to cancel and/or postpone both Contests and awarding of prizes should there be a player(s) violation of these terms and conditions, as they may be modified from time to time.
6. PRIZE NOTICE; PRIZE DELIVERY TIME
Winners will be notified via email (or overnight mail) sent within 24 hours subsequent to the elimination of the last Contest player, or the expiration of the last day of the Contest, whichever is sooner. Entrants are responsible for insuring that all mailing and e-mail information is up-to-date and accurate.
Unless otherwise specified and depending on the Prize won, PRIZES will be shipped within 30 days of the date the prize is claimed by the winning player and eligibility is verified. All goods are shipped F.O.B. Origin, and accordingly, we take no responsibility for any damage and/or loss incurred during shipping. In certain specifically disclosed merchandise Contests, we may choose to bear the cost of shipping within the continental U.S.; although, we are under no obligation to do so.
7. MERCHANDISE PRIZE WARRANTIES
In the case of merchandise covered by a manufacturer’s warranty, the manufacturer and not the Site is responsible for defects, subsequent use or misuse or covered repairs. In the case of merchandise not covered by a manufacturer’s warranty, the merchandise is offered “as is,” and we are not responsible for any defects, use or misuse or repairs. We make no representations or warranties with respect to the authenticity or genuineness of any merchandise prizes, particularly collectible prizes.
8. TRAVEL PRIZES
In the event of a Prize involving travel and tourism, it will be from a specified list of cities. Any player who wins such a prize and wishes to depart from a city not on the specified list will be required to provide his or her own transportation to one of the specified cities. Information required to make the reservations for a travel prize, including the names and ages of all travelers, departure city, and, if applicable, choice of travel dates, must be provided within one week of the initial request for such information, or the prize may be voided. We are not responsible for any damage, injury or other liability incurred in connection with any travel or tourism, nor are we responsible for any cancellation, postponement, rescheduling or quality control issues with respect to fulfillment by the third-party travel or tourism providers.
1) United States Federal Tax Regulations requires that you complete and return a form W9, and that we issue you a form 1099 at the end of each calendar year, if you have won prizes of $600.00 or more of approximate ARV (approximate retail value) in the calendar year. However, you remain solely responsible for paying all federal and other taxes in accordance with the laws that apply in your state, province, and/or country of residence.
2) Users are responsible for applicable income taxes for merchandise prizes. Either the Manufacturer’s Suggested Retail Price, or Site acquisition price, at our discretion, will be used as the cash value of the merchandise prize.
3) Non-US residents may be subject to back-up withholding for federal income tax purposes at 30%. Winners will be required to provide such documentation as the Federal Income Tax Regulations require.
10. PROMOTIONAL ACTIVITIES
By registering for an account, you agree that the Site may display your user name, prize winnings and Contest records. By accepting any prize from the Site, you agree to allow us to publish, print, broadcast and use, worldwide, in any media at any time, now or hereafter created, your name, picture, voice, likeness, and/or biographical information for promotional purposes without additional compensation and execute such releases as we may require for this purpose. If requested, prize winners also agree to wear our branded clothing for the duration of any applicable TV event or promotion that is recorded for television.
1) Continuing Duty and Affirmation. Each time you use the Site, you represent and warrant to us that:
a) You are at least 18 years of age, or the legal age to participate in a Contest sweepstakes in the applicable jurisdiction, whichever is higher;
b) Your access to the Site, your participation in Contest sweepstakes, and our offering and operating the Contest sweepstakes are legal in your applicable jurisdiction;
c) The e-mail address submitted by you is owned or controlled by you; and
d) All information you provide is true, accurate, current and complete.
All such representations and warranties are relied upon by us.
2) By applying for registration, you authorize us to make any and all inquiries as we, at our sole discretion, consider necessary to verify the information provided by you. We may require you to submit such proof of age, identity and place of residence as we may require, at any time. We reserve the right to suspend and/or terminate your registration and/or account, if we have grounds to suspect that any of your provided information is untrue, inaccurate, not current or incomplete. You maintain the responsibility to promptly update the information you provided at registration, and to keep it true, accurate and complete.
3) Changes to Your Account.
In the event of changes to any of your personal account details or other financial information relevant to your account, you must inform us immediately by sending an e-mail to email@example.com.
4) One Account Only.
You may only register one account. You hereby acknowledge and agree that you shall not register more than one account. If it is determined that you have registered more than one account, then you acknowledge and agree that you shall not be eligible to win any prizes, and you may be excluded from play.
12. BILLING AUTHORIZATION & DEPOSIT BONUS
1) By completing the online registration and depositing funds, you authorize us to charge applicable fees to your designated credit card, or debit the applicable fee from your designated checking or savings account through PayPal. Registrants are charged based on the amount of funds deposited, with a one dollar minimum required per account.
2) You are responsible for reviewing the terms and conditions section to obtain timely notice of any and all changes. Continued use of the Site for 30 days, after the posting of any or all changes, means that you accordingly accept such changes. If you decide that any change is unacceptable, you may cancel your account. To cancel your account, log in to the website client and go to the My Account area for cancellation instructions, perfectstreak.com/account. You may cancel your account at any time; however, deposited funds are non-refundable in whole or in part for any reason.
3) As part of a promotional incentive for new registrants, Perfectstreak is offering a limited-time twenty percent deposit bonus to all new user accounts. Note: the deposit bonus is strictly for contest entry, and cannot be refunded, withdrawn, or redeemed for other than contest play. Perfectstreak reserves the right to alter or remove this promotion bonus at any time and for any reason in its discretion.
13. ACCOUNT IDENTIFIERS
1) Confidential Obligation.
Once you have selected and been allocated a unique username and password (“Identifiers”), it is your responsibility to keep these Identifiers secure and confidential. Some or all of these Identifiers are required to access certain areas of the Site. In the event that you are concerned that they are no longer secure and confidential, you should immediately notify us by sending an e-mail to firstname.lastname@example.org, whereupon new Identifiers may be selected and allocated and any future transactions under the previous Identifiers may be voided, at our sole discretion. Without limiting the foregoing, any transactions made and accepted on the Site, where your Identifiers have been used (and where you have not previously notified us as provided herein), will be treated as valid.
2) No Transfer.
Your account is not transferable. Under no circumstances shall you allow or permit any other person or third party, including without limitation any person under the legal age, to participate in sweepstakes Contests, and in no event allow or permit any person under the age of 18 years, to use or re-use your account or your Identifiers in such a way that may breach the standards or laws in any jurisdiction where you are located and/or are a resident, or where such other person is located and/or is a resident. Any person found in violation of this section will not be entitled to collect any prizes and/or may be subsequently reported to the appropriate authorities.
3) You Are Responsible.
You agree to be solely responsible for any use of the Site (including without limitation, participation in sweepstakes Contests) through the use of any of your Identifiers (except where you have notified us as provided above), and you agree to hold harmless, indemnify and defend us, our parent company, our affiliates, managers, and our and their respective officers, agents, directors, employees, lawyers, contractors, licensors and licensees, and advertising public relations agencies from and against any and all claims, losses, liability, damages, fines and costs (including attorneys’ fees and expenses) arising from such use.
14. SITE USE
1) Services May Change or End.
We reserve the right, at our sole discretion, at any time and without notice to you, to add, alter or discontinue services offered on the Site, without creating any further consequential obligation to you.
2) You Must Obey Guidelines and Rules.
When using the services on the Site, you agree that you are subject to any guidelines, policies or Contest rules applicable to such services, which may be posted from time to time. All such guidelines, policies or Contest rules are hereby incorporated by reference onto these terms. You fully accept that all computer instructions and responses sent over the Internet to and from us will be binding on you. Your commercial use of the Site or any of the online Contests is strictly forbidden. See Contest Rules.
3) Telecom and Access Fees.
You are solely responsible for obtaining access to the Site, and that access may involve third party fees, including without limitation, Internet service provider, telephone, cable or airtime fees. You are solely responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are solely responsible for all equipment necessary to access the Site.
4) Odds, Risk and Fair Play.
You acknowledge and agree that the sweepstakes Contests involve certain elements of knowledge, ability, and luck, as it relates to sports, against the skills of others, and that you are not likely to profit from this entertainment endeavor. The results of all Contests offered on the Site depend on the number of players participating in such Contests and the combination of skill and luck of those players in relation to one another. Thus, odds of winning are not calculable.
You acknowledge and agree that you will not cheat, attempt to cheat, or otherwise interrupt or attempt to interrupt the operations of the Site or any particular Site service or Contest. If we believe at our sole discretion that you have engaged, or attempted to engage, in any act to cheat, use automated technology or otherwise unfairly alter or enhance your likelihood of winning, or to otherwise commit fraud with regard to the Site, then, in such an event, you will forfeit all prizes to which you may otherwise be entitled, and we reserve the right to institute civil or file criminal proceedings against you and to report you to the relevant regulatory authorities.
6) Behavior & Responsibility.
1. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site or use of any portion of the Site for any commercial purposes.
2. You may not register multiple accounts or use any automated technology, including but not limited to robots, scripts, macros, and/or programs, LAN play, or engaging in team play on any of our websites. You acknowledge and understand that any attempt to participate in any service offered on any of our websites by means of automatic, macro, programmed, or similar methods, or to otherwise commit fraud in regards to any of our websites, will result in civil and/or criminal prosecution, termination of your account, and forfeiture of all winnings to which you may otherwise be entitled.
3. You will accept and abide by the Contest rules set forth on the Contest rules web page, as may be amended from time-to-time at our sole discretion.
4. You agree that we are not liable for any loss caused by any unauthorized use of your credit card or checking or savings account by a third party in connection with our Site(s) or any third party sites.
5. Any attempt to defraud us through the use of credit cards, checking or savings accounts, or any other form of payment, regardless of the outcome, or any failure by you to honor charges or requests for payment will result in immediate termination of your account, forfeiture of any prizes to which you are otherwise entitled, and civil and/or criminal prosecution.
6. You agree that we are not, and shall not be, responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Site or your account.
7. You, as the holder of your account, are solely responsible for all obligations and are entitled to all benefits therefrom, and may not allow any other person to access your account, the Site, accept any prizes, or participate in any services using your account information. Your account is not transferable to any other person. By registering and/or participating in any services offered on the Site, you agree to indemnify, defend, and hold us harmless from or for any claims, liability, damages, and/or costs (including attorneys’ fees) arising from any use of your account by any person.
8. You agree to never transmit data, conversation, or any other information that may be (i) be defamatory or offensive, (ii) slanderous, (iii) rude, (iv) infringe the rights of any third party, (v) provide information regarding playing Contests on the Site, or (vi) deemed generally unacceptable behavior at our sole discretion.
7) Computer Errors.
You acknowledge that full freedom from errors and incompleteness is impossible to achieve with respect to computer data input. If you become aware that the Site contains any error, or is incomplete, you shall immediately notify us by e-mail at email@example.com. You agree to refrain from taking any advantage whatsoever of that error or incompleteness, and we reserve the right to recover any such advantage that you do gain from such error or incompleteness, as well as all associated costs, damages and expenses in making such recovery. We will not be liable for any alleged awarded prizes that are, at our sole discretion, the result of a system error or malfunction.
When additional verification or documentation is requested from you it must be sent via facsimile, US mail or other means as we may specify. Documentation we may request includes, without limitation, copy of your passport, driver’s license or residential identity document such as a utility bill. Copies sent to us will become our property and will not be returned to you.
1. If you are a registrant and you refer a “valid person” (as defined below) to the Site through the referral process, you and the person you referred may be eligible to each receive a ten percent deposit bonus on a subsequent deposit.
To receive the ten percent bonus two conditions must be satisfied.
First, enter your friend’s name and email address in the form listed on the Site, www. perfectstreak.com/account/refer.
Second, once your friend becomes a Perfectstreak registrant he or she must make a deposit, equal to or greater than the minimum required, into their respective account.
Once these conditions have been met, you and your friend will each receive a ten percent deposit bonus on your subsequent deposit. This referral program is subject to change at any time, and at our sole discretion.
2. A “valid person” must be a new customer (and unique to us), over the age of 18 years, who registers on the Site and
a) Lists a valid username,
b) Lists their legal First and Last name,
c) Lists their city and state of residence,
d) Lists a valid email address,
e) Lists an accurate telephone number,
f) Lists their date of birth,
g) Accepts our Terms & Conditions and meets all other qualifications to be a member and to play on the Site as set forth in these terms and conditions, as they may be modified from time to time.
We reserve the right to determine at our sole discretion whether a customer is a “valid person.”
3. By entering a referral e-mail address, you hereby authorize us to use your name to extend an invitation to the user of that e-mail address to join Perfectstreak.
4. We may modify any of the terms and conditions, or cancel the referral program, at any time and at our sole discretion, by posting a change or cancellation notice on our site. Modifications may include, for example, changes in the scope of available bonus and of referral program rules.
5. Any abuse of the referral program may result in the cancellation of the above bonuses or entry, as well as account closure.
15. THIRD PARTY WEBSITES
1) Other Sites Are Not Our Responsibility.
This Site may link you to other websites that may contain information or material that some people may find objectionable. These other websites are not under our direct control and you acknowledge that we are not responsible for the accuracy, copyright and trade mark compliance, legality, decency or any other aspect of the content of such websites. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party content, goods or services available on or through any such website.
2) Future Marketing.
You hereby acknowledge and agree that we and/or our affiliates, licensors and licensees may market products and services to you in the future, subject to your sole right to opt out of receiving such information from our affiliates, licensors or licensees.
16. PROPRIETARY RIGHTS
1) Intellectual Property.
You acknowledge and agree that all content and materials available on the Site are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Designated trademarks, service marks and brands are the property of their respective owners. Reproduction, copying, or redistribution for commercial purposes of any materials or design elements on the Site is strictly prohibited without the express written permission of the respective owner. Except as expressly authorized in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content viewed or gained from the Site. Notwithstanding the above, you may print or download one copy of the materials or content on the Site on any single computer at any given time for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Use of the content or materials for any purpose not expressly permitted in these terms is strictly prohibited.
17. NO WARRANTY
1) YOUR USE OF THE SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (“MATERIALS”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE MATERIALS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE ON BEHALF OF OURSELVES, OUR PARENT COMPANY, OUR AFFILIATES, OUR SUBSIDIARIES AND OUR LICENSORS DO NOT WARRANT THAT THE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL MEET YOUR REQUIREMENTS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
2) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
18. LIMITATION OF LIABILITY
IN NO EVENT SHALL WE, OUR PARENT COMPANY, OUR AFFILIATES, OUR SUBSIDIARIES OR OUR LICENSORS, ADVERTISING AGENCIES, PUBLIC RELATIONS AGENCIES OR LAWYERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE, INCLUDING UNAUTHORIZED ACCESS TO OR ALTERATIONS TO YOUR TRANSMISSIONS OF DATA. UNDER NO CIRCUMSTANCES WILL WE, OUR PARENT COMPANY, OUR AFFILIATES, OUR SUBSIDIARIES OR OUR LICENSORS BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SITE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE OR OUR LICENSOR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
19. SOLE REMEDY
IN ANY EVENT, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY LIABILITY RELATING TO OR ARISING OUT OF THE SERVICE OR THIS AGREEMENT, REGARDLESS OF THE FORM IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT, SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICE AND TERMINATE THIS AGREEMENT.
20. GOVERNING LAW AND JURISDICTION; ARIBITRATION
These Terms are governed by and construed in accordance with the laws of the State of Texas without regard to its principles of conflicts of law. You agree that any dispute that cannot be resolved between us shall be resolved by arbitration and without resort to any form of class action. Arbitration shall be conducted in Dallas, Texas, administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, including the Optional Rules for Emergency Measures of Protection, and/or its other rules that may be specifically applicable to the subject matter of the dispute, and judgment on the award rendered by the arbitrator(s) may be entered in any state or federal court in Dallas, Texas having jurisdiction thereof. To the extent not governed by the foregoing, any other matter involving litigation between us will be brought in a State or Federal court located in Dallas, Texas, and you and we waive any jurisdictional, venue or inconvenient forum objections to such courts.
Your use of the Site constitutes an agreement by you that any dispute that cannot be resolved between you and us shall be resolved without resort to any form of class action.
By participating in a Contest or receiving a prize, you agree to release, defend, indemnify and hold harmless ourselves, our parents, our affiliates, our subsidiaries, agents, directors, managers, and other affiliated companies, including our advertising agencies and public relations agencies as well as the law firms that represent us, and their employees, contractors, agents, officers and directors, and our licensors from all liabilities, actions, claims and expenses, including legal fees, asserted by any third party, governmental body or governmental agency, arising out of or relating to: (a) this agreement; (b) your use of the Site, including any data or work transmitted or received by you or any service provider; (c) your connection to our websites; (d) your violation of this agreement; (e) your violation of any gaming regulations, edicts or laws to which you are subject; (f) your violation of any rights of a third party or service provider; or (g) injury, death, loss or damages to Player or any person or entity, including without limitation damage to personal or real property, caused in whole or in part, directly or indirectly, by participation in any Contest(s) (or related activities) or the acceptance, possession, or use/misuse of a prize (including any travel or activity related to the prize).
Players are reminded to print all transaction data, payment methods and these Terms in order to avoid misunderstandings at a later time.
Revision Date: July 25, 2014