Boost Tokens Promotion

TERMS & CONDITIONS

PLEASE NOTE THAT YOUR PARTICIPATION IN THE PROMOTION (DEFINED BELOW) IS SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT PARTICIPATE IN THE PROMOTION IN ANY MANNER.

THESE RULES AND THE UNDERDOG FANTASY TERMS OF USE GOVERN YOUR PARTICIPATION IN THE PROMOTION. THE COLLECTION AND PROCESSING OF PERSONAL INFORMATION AS PART OF OR IN CONNECTION WITH PARTICIPATING IN ANY PROMOTION IS SUBJECT TO AND GOVERNED BY THE UNDERDOG FANTASY PRIVACY POLICY. ALL APPLICABLE TERMS, POLICIES, AND CONTEST RULES ARE AVAILABLE AT underdogfantasy.com/rules.

• Description of Promotion
  Welcome to the Boost Tokens promotion (the “Promotion”), where eligible participants will receive a Boost Token (“Token”). The Token will increase the profit value of eligible Pick’em entries (each, a “Token Pick’em entry”) by a certain amount, to be specified either within the Underdog Fantasy app or within the Advertisement for the Promotion (as defined below). Any incremental winnings earned from a Token Pick’em entry will be awarded as “promotional credits” (as defined below).  
  
  The Promotion is sponsored by Underdog Fantasy, LLC (“Underdog Fantasy” or the “Sponsor”). The terms “you” or “your” mean the person to whom a Token is issued upon satisfaction of the terms and conditions set forth in this Promotion. Redemption of the Promotion is expressly conditioned upon acceptance of and compliance with all of these Promotion Terms and Conditions (“Terms and Conditions”). Promotion participants may be required to sign paperwork issued by the Sponsor.
  
  Sponsor expressly reserves the right to amend, suspend or terminate this Promotion at any time without prior notice or consent. Administration of this Promotion is at the sole discretion of the Sponsor.
  
  As used in these Terms & Conditions, the “Advertisement for the Promotion” means the description of the Promotion presented to the participant at the time immediately prior to entering the Promotion or the code presented to the participant and used to enter the Promotion, which may include but is not limited to, an advertisement on television, radio, podcast, social media, by email or direct communication, a website or web browser, within the Underdog Fantasy app (whether on Android, iOS, or otherwise), or in any other manner of presentment, regardless of whether other advertisements provide for different Tokens. Underdog Fantasy expressly reserves the right to present different Tokens to customers in its sole discretion, for any reason whatsoever, including based upon the manner described in the Advertisement for the Promotion.

For purposes of these terms, “promotional credit” means a dollar equivalent available to the customer as a substitute for entry fees into fantasy sports contests; promotional credits are not cash, cash equivalents, or any other tangible or intangible property of the customer unless and until the turnover or playthrough requirements of the Promotion are met.

• Promotion Period
  The Promotion begins and ends as described in the Advertisement for the Promotion (the “Promotion Period”).
• Eligibility
  The Promotion is only open to individuals who (i) are at least 18 years of age (or 19+ in Alabama and Nebraska, 19+ in Colorado for some games, and 21+ in Arizona and Massachusetts); (ii) are physically present in a state where Underdog Fantasy operates; and (iii) are not enrolled in any self-exclusion program during the Promotion Period. Additionally, Underdog Fantasy reserves the right to refuse or otherwise restrict your eligibility to participate in any promotion, including this Promotion, for any reason, in its sole discretion, including based on your contest patterns or contest history or if you failed to take advantage of any previous promotion in good faith. The invitation to participate in this Promotion is not transferable. If you were not directly invited to participate in this Promotion by the Sponsor, you are not eligible to participate in this Promotion or use any Tokens. Duplicate accounts will be flagged and promotional credits, including any Tokens will be forfeited, in addition to other adverse action consistent with the Underdog Fantasy Terms of Use and other applicable terms.
  
  Any questions relating to eligibility, these Terms and Conditions or any other questions concerning this Promotion will be resolved at the sole discretion of the Sponsor and its decisions will be final and binding with respect thereto.
  
  Any participant who is found to be ineligible to play Underdog Fantasy immediately forfeits any promotional credit(s), including any Tokens, and any other bonus cash, award, or offer associated with the Promotion.
• How to Enter
  Eligible Underdog Fantasy customers must first successfully create an Underdog Fantasy Account. Eligible customers will then receive a Token, which can be applied to eligible Pick’em entries to boost the profit value by a specified amount. Qualifying Pick’em entries are subject to all applicable terms, policies, and contest rules, available at underdogfantasy.com/rules, including Pick’em rules.

• Claiming a Token
  Once selected, Tokens will be automatically applied to your entry. Token recipients will be solely responsible for all federal, state, and local taxes, and for any other fees or costs associated with the Token received, regardless of whether the Token, in whole or in part, is used. The Token value, if any, may be reported for tax purposes as required by law. The Token is not transferable and cannot be substituted except in the Sponsor’s sole discretion.
• Registration Procedures
  To qualify for the Promotion, you must have an active Underdog Fantasy Account and verify your identity in order to play on the Underdog Fantasy platform. Creating an Underdog Fantasy Account is free. By submitting your information and creating an Underdog Fantasy Account, however, customers will be required to agree to the Underdog Fantasy Terms of Use, Privacy Policy and all other applicable terms and conditions, including these Terms and Conditions. If you do not agree to the Underdog Fantasy Terms of Use and Privacy Policy, you cannot create an Underdog Fantasy Account or participate in this Promotion.
• Limitations on Participation
  In addition to the eligibility requirements in Section 3, Sponsor reserves the right to refuse or otherwise restrict your eligibility to participate in any promotion for any reason, in its sole discretion, including based on your contest patterns or contest history or if you failed to take advantage of any previous promotion in good faith. This Promotion is void where prohibited by law.
• Order of Funds Used for Entering Contests
  The promotional credits earned through a Token Pick’em entry are non-withdrawable but any winnings from fantasy contests entered using the promotional credits are immediately withdrawable. When an Underdog Fantasy Account has both promotional credit and customer-deposited funds, the promotional credit is applied to entry fees before customer-deposited funds.
• Restrictions on Withdrawal
  Promotional credit must be played through 1x during the turnover period (defined below) before any winnings are eligible for withdrawal.  
  
  The promotional credits are forfeited if not used within 14 days “(turnover period”). Underdog Fantasy may reclaim promotional credit at any time after the 14-day turnover period has ended, without further notice to the customer. Underdog Fantasy does not waive the right to reclaim promotional credit by not automatically reclaiming forfeited funds at the end of the 14-day turnover period, or at any time thereafter.
  
  
  
  
• Cancellation
  Should you wish to cancel your participation in this Promotion at any time, please contact customer support at support@underdogfantasy.com. Upon cancellation, you may withdraw any funds you have deposited into your Underdog Fantasy Account without restriction. However, any Token or promotional credit in your account is non-withdrawable. Sponsor reserves the right to decline to cancel participation in the Promotion in its sole discretion.
• Gambling Problem
  Must be 18+ (19+ in AL, NE; 19+ in CO for some games; 21+ in AZ & MA) and present in a state where Underdog Fantasy operates. Terms apply. Void where prohibited. Concerned with your play? Call 1-800-522-4700 or visit www.ncpgambling.org.
• Limitation of Liability
  Sponsor is not responsible, and shall have no liability, for any errors or omissions in any advertising for the Promotion nor shall the Sponsor be liable for computer, device, or program malfunctions. The Sponsor is not liable for any erroneous issuance of Tokens.

Additional Terms for Our California Consumers

Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 1(800) 952-5210.

General Information

• Waiver and Severability of Terms. The failure of Underdog Fantasy to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.
• Statute of Limitations. You and Underdog Fantasy agree that any claims or lawsuits, regardless of form, arising out of or related to the website, app or platform (including the Promotion) or these Terms and Conditions, the Underdog Fantasy Terms of Use or Privacy Policy must BE FILED within ONE (1) YEAR of the action, omission, event or occurrence giving rise to the claim or suit, after which such claims will be time-barred and prohibited, without regard to any longer period of time which may be provided by any period of limitation or repose by law or statute. This statute of limitations provision does not apply to residents of New Jersey.
• Section Titles. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect.
• Communications. Customers with questions, complaints or claims with respect to the Promotion may contact us using the relevant contact information set forth above.

Last updated September 3, 2024