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Terms & Conditions

1.Introduction

Welcome to the 2022 3ICE Pick’em (the "Challenge"), where you compete against other participants to see who can correctly predict the outcome of selected actions that may happen during play of the (the "3ICE Game") in accordance with these 2022 3ICE.com Pick'em Content Rules ("Official Rules"). The Challenge begins on May 20, 2022 and ends on August 20, 2022 (the "Challenge Period"). The time frame for users to participate in the Challenge will commence at 9:00 am ET on May 20, 2022 when prop questions are posted on the Challenge page and ends five (5) minutes prior to the start of the final 2022 3ICE event on August 20, 2022.

No Cost

The Challenge is FREE to play. No purchase, wireless device or entry fee necessary to enter or win.

IMPORTANT NOTICE: THIS CHALLENGE IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED BELOW.

The Administrator

3ICE will serve as the administrator (the "Administrator") of the Challenge and will be responsible for resolving any disputes that arise regarding violations of the rules.

Eligibility

The Challenge is open to persons who are: (a) Registered Users (as defined below); (b) legal residents of the United States and Canada and (c) at least nineteen (19) years old or age of majority, whichever is older in state of residence, at the date of registration in the Challenge. For purposes of clarity, persons who reside in Puerto Rico are expressly excluded from this Challenge. Void where prohibited by law. For purposes of these Official Rules, "Registered User" means a person who has successfully completed the registration form and has obtained a user identification ("ID") and associated password ("Password") on 3ICE.com Pick’Em website. If you are not a Registered User, you may become a Registered User and obtain an ID and a Password by completing the 3ICE.com Pick’Em registration form. There is no fee or charge to become a Registered User. Employees of Sportcaller (the game developer), 3ICE and each of their parent companies, affiliates, subsidiaries, advertising, promotion and fulfillment agencies (collectively the "Challenge Entities"), and members of the immediate family or household of each are not eligible to win a prize. Immediate family member is defined as a parent, sibling or any person residing in the same household as an employee of the Challenge Entities. Void where prohibited by law. Such excluded employees and/or family members may play, but WILL NOT be eligible to receive a Challenge Prize (as defined below).

2.Playing

Signing Up

Participants may sign up to the Challenge at any time, during the Challenge Period, by visiting the 3ICE.com Pick'Em Game page accessible at https://pickem.3ice.com (the "3ICE Pick'Em Site").

Entering the Challenge/Making Picks

In order to participate in the Challenge, participants must, during the Challenge Entry Period: (i) go to the 3ICE Pick'Em Site; (ii) if not already, register for and sign-up to your account; (iii) complete the entry form by predicting the outcome/answer of the (up to fifteen (15) Challenge) proposition questions; and (v) hit the submit button to save your entry form (and answers) and accept the Official Rules. PLEASE NOTE: You must hit the submit button every time you make a change to your answers, otherwise your new answer(s)/pick(s) will not override your previous pick(s). Though you do not need to answer every question presented (including the tie-breaker question(s)), if you end up in a tie and you have not entered and saved the tie-breaker prediction(s)/answer(s), you will not be eligible for consideration, for the tie-break. We suggest you answer all questions for the Challenge. Administrator, at its sole discretion, will select the proposition questions for the Challenge and list them on the 3ICE Pick'Em Site.

No Cost

The Challenge is FREE to play. No purchase, wireless device or entry fee necessary to enter or win.
By entering the Challenge, you represent and warrant you are aware that a participant's name may be displayed in full (first name and last name) or partial (first name and first initial of last name) format in certain instances within the 3ICE.com Pick'Em Game. If you do not want your name to appear on 3ICE.com Pick'Em Game pages, we suggest you go to your registration page and change your personal information within the "Options" tab; more specifically, the information you input in the "Your Name" area. The information you write into the "Your Name" area, is the information that will be displayed on the 3ICE.com Pick'Em Game pages. We cannot ensure the security of any information you choose to make public in the 3ICE.com Pick'Em Game pages, chat room, forum, or message board. Also, we cannot ensure that parties who have access to such publicly available information will respect your privacy. Please exercise caution when disclosing personal information in these areas.

Scoring

Participants will receive (1) point for each correct pick they make. Eligible participant who correctly makes the most correct picks (tie-breaker rules set forth below apply) in the Challenge may be declared a Challenge winner (subject to verification of qualification) and get the applicable Prize (as set forth in the prize section below), in accordance with these Official Rules.

Deadlines

The end of the weekly Challenge Entry Period is five (5) minutes prior to the start of that week’s Ice Hockey event. 3ICE is the Official Timekeeper for this Challenge.

General Sportsmanship

By participating, you agree to abide by the general sportsmanship and fairness rules set forth in these rules and fantasy games in general. You further agree to accept and abide by the rulings and the decisions of 3ICE regarding all questions of sportsmanship and fairness. If a participant does not comply with the sportsmanship and fairness rules as embodied in these Official Rules, or 3ICE determines (in 3ICE's sole discretion) that a participant has acted in an unsportsmanlike or unfair manner, 3ICE reserves the right to disqualify the participant and/or remove that participant from the Challenge. All decisions by 3ICE in sportsmanship and fairness related matters will be final.

3.Prizes

The eligible participant who accrues the most total points in the season-long Challenge Period will be declared the Challenge Prize Winner ("Challenge Prize Winner") (qualification and tie-breaker rules apply). The Challenge prize consists of Three Thousand Dollars (US$3,000.00) (the "Challenge Prize"). A winner will also be selected on a weekly basis, with the eligible participant who accrues the most points in a given week declared the Weekly Challenge Prize Winner (“Weekly Prize Winner”). The Weekly Challenge prize consists of One Hundred Dollars (US$100) (the “Weekly Prize”).

Challenge Prize Tiebreaker Rules

If two (2) or more eligible participants' scores end in a tie, the participant(s), from amongst those tied participants, who correctly predicted the most exact final scores—for the entire season for the “Challenge Prize” and for the week for the “Weekly Prize”--will be deemed the Prize Winner. If a tie remains, the Prize (“Challenge” or “Weekly”) will be split among all still tied participants. Please note: any participant that fails to answer/predict the tie-breaker question(s), will not be eligible to participate in the tie-breaker.

Prize Notification

Each potential Winner (if applicable) will be notified via email within thirty (30) days from the end of the Challenge Period. Winner(s) may need to complete and submit to 3ICE an Affidavit of Eligibility and release (the "Affidavit") and a W-9 tax form where applicable. Such Affidavit must include Winner's social security number and include a copy of their current driver's license or current government issued ID ("Gov. ID") when submitting their Affidavit (Passports are not accepted). By completing such Affidavit, it will be understood that Winner has complied with the Challenge Rules.
Please note: Such Affidavit must be received by 3ICE with their current Gov. ID no later than September 20, 2022.
In the event a Winner is deemed ineligible and/or does not claim their Prize by dates specified herein, an alternate Winner may be selected in accordance with these Official Rules. Only one attempt for a new alternate will be conducted. If attempts fail, such Prize will be forfeited, and such Prize will not be awarded.

Legal Disclaimers

All participants agree to abide by the terms of these Official Rules and the legal disclaimers below, and by the decisions of 3ICE, which are final and binding on all matters pertaining to the Challenge.

General Conditions

By entering, each entrant accepts and agrees to be bound by these rules and by the decisions of 3ICE, which shall be final and binding in all respects. Further, each entrant also acknowledges and agrees to the Terms of Use and Privacy Policy, incorporated herein by reference. Any and all taxes, if any, in relation to acceptance of a Prize is the sole responsibility of each Winner. No substitution or transfer of a Prize is permitted except by 3ICE. 3ICE reserves the right to substitute a Prize for one of equal or greater value.
Except where prohibited by law, a Winner's acceptance of a Prize constitutes permission for the Challenge Entities to use Winner's name, photograph, likeness, statements, biographical information, voice, and address (city and state) worldwide and in all forms of media, in perpetuity, without further compensation. Entrants agree to 3ICE's use of their names and likeness for advertising and publicity purposes, without additional compensation, unless prohibited by law.
All federal, state, local, and laws and regulations apply.
3ICE is not responsible for lost, late or misdirected online entries or transactions, for incorrect, inaccurate or incomplete entry information whether caused by a participant, equipment, or technical malfunction or for any human error, technical error or malfunctions. 3ICE reserves the right to halt or modify the Challenge at any time during the Challenge Period, if events beyond their control compromise the Challenge fairness or integrity. In the event that any 3ICE tour-stop or applicable event is cancelled or pre-empted for any reason, 3ICE reserves the right to cancel this Challenge.
3ICE is not responsible for typographical or other human or technical errors in the offer or administration of this Challenge, including but not limited to, errors in advertising or the Official Rules the selection and/or announcement of a Winner or the distribution of a Prize.
3ICE, in its sole discretion, may disqualify any entrant from participating in the Challenge if entrant engages in any conduct 3ICE deems to be improper, unfair or otherwise adverse to the operation of the Challenge or detrimental to other entrants. Such improper conduct includes, but is not limited to, falsifying personal information required during Contest registration, violating any term or condition stated herein, accumulating points through methods such as automated computer scripts or other programming techniques, allowing others to use the entrant's personal information for the purpose of accumulating points, tampering with 3ICE's administration of this Contest, or intentionally trying to defraud, reverse engineer, disassemble, decompile or otherwise tamper with the computer programs on this website.
3ICE reserves the right to modify these rules for clarification purposes without materially affecting the terms and conditions of the Contest. This is a skill game designed to entertain and increase consumer awareness of, and interest in 3ICE.com.
3ICE reserves the right to cancel this Contest at any time for any reason at its sole discretion.
This is a game designed to increase consumer awareness of and interest in the 3ICE website. This Challenge may not be used for any form of gambling.

Rules/Winner Information

For a copy of the Official Rules, send a self-addressed and stamped envelope to the below address marked "Official Rules: 3ICE.com Pick'em Contest" for receipt by June 1, 2022. Residents from VT may omit postage on the self-addressed envelope. For the name of the Winners, send a self-addressed and stamped envelope for receipt by September 20, 2022 to "Winners list: 2022 3ICE.com Pick'em Contest

Internet

If for any reason the Internet portion of the program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of 3ICE which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, 3ICE reserves the right, at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Contest. In the event the Challenge is terminated, 3ICE reserves the right to award a Prize(s) to the participant with the most points at the time of termination (tie breaker rules apply).
Contest Entities assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries or transactions. 3ICE is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail entry or transaction to be received on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to participant's or any other person's computer related to or resulting from participation or downloading any materials in this Contest.

Lost or Corrupted Entries

The Contest Entities assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, lost, late, incomplete, corrupted, stolen, misdirected, illegible or postage-due entries or mail (if applicable); or for any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, unauthorized human intervention, or the incorrect or inaccurate capture of entry or other information, or the failure to capture any such information. The Contest Entities and their parents, affiliated and subsidiary companies, advertising and promotion agencies, are not responsible for any incorrect or inaccurate information, whether caused by registration information submitted by end users or tampering, hacking, or by any of the equipment or programming associated with or utilized in this Contest, and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the Contest.

Damaged Property

The Contest Entities assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, injury or damage to any entrants or to any other person's computer or property related to or resulting from participating in this Contest or downloading materials from this Contest.
CAUTION: ANY ATTEMPT BY A PARTICIPANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, 3ICE RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH CONTESTANT TO THE FULLEST EXTENT PERMITTED BY LAW.
In the event of a dispute, entries made by Internet will be declared made by the authorized account holder of the e-mail address submitted at time of entry. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
Any Entry that is incomplete, late, or does not include a validly issued ID will be disqualified.
In the event that the Contest is challenged by any legal or regulatory authority, 3ICE reserves the right to discontinue or modify the Contest, or to disqualify participants residing in the affected geographic areas. In such event, 3ICE shall have no liability to any participants who are disqualified due to such an action.

Challenge Errors

The Contest Entities assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, errors and/or ambiguity: (a) in the Contest; (b) in any related advertising or promotions of this Contest; and/or (c) in these Official Rules including but not limited to errors in advertising and the Official Rules In the event of any ambiguity(s) or error(s) in these Official Rules, Administrators reserve the right to modify these Official Rules for clarification purposes or to correct any such ambiguity or error(s) without materially affecting the terms and conditions of the Contest.

Winner(s) and Prize(s)

The Contest Entities assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, the selection and announcement of a Winner, the distribution of the Prizes, the acceptance/possession and/or use/misuse of any part of a Prize and/or any injury or damage to any entrant's or third person's property related to or resulting from any part of a Prize or any part of this Contest.

Release and Indemnity

Each entrant in the Contest hereby releases, including, without limitation, the Winner(s), and agrees to hold harmless the Contest Entities and their respective directors, officers, employees, representatives and agents from any and all liability for any injuries, loss or damage of any kind to person, including death, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, participation in this Contest and participation in any activity related to this Contest.

Limitation of Liability and Disclaimer of Warranties

IN NO EVENT WILL THE CONTEST ENTITIES AND/OR THEIR PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE AND/OR THE CONTEST, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE SERVICE AND/OR THE CONTEST. IN NO EVENT SHALL 3ICE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS (US$100.00). WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE CONTEST AND THE SERVICE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE 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.

Binding Arbitration

The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Contest. Any controversy or claim arising out of or relating to these Official Rules and/or the Contest shall be settled by binding arbitration in accordance with the commercial arbitration rules of JAMS in accordance with the JAMS Comprehensive Arbitration Rules and Procedures, as modified by the JAMS Consumer Arbitration Minimum Standards. Class arbitrations and class actions are not permitted under any circumstances. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the States.

Governing Law and Jurisdiction

THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATES WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. FOR ANY MATTERS WHICH ARE NOT SUBJECT TO ARBITRATION AS SET FORTH IN THESE OFFICIAL RULES AND/OR IN CONNECTION WITH THE ENTERING OF ANY JUDGMENT ON AN ARBITRATION AWARD IN CONNECTION WITH THESE OFFICIAL RULES AND/OR THE CONTEST, THE PARTIES IRREVOCABLY SUBMIT AND CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE STATES AND FEDERAL COURTS. THE PARTIES AGREE NOT TO RAISE THE DEFENSE OF FORUM NON CONVENIENS.

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