REFERRAL BONUS TERMS AND CONDITIONS  

Current Vivid Picks users may refer new users to make a first-time deposit in the Vivid Picks app. Earn 50 Vivid Bucks each time a friend you refer makes a deposit and plays in at least one (1) paid contest. From time to time, Vivid Picks may increase the bonus amount, subject to the terms and conditions of a specific promotional offer. If Vivid Picks determines, in its sole discretion, that a referrer is attempting to abuse or defraud this referral program, Vivid Picks may withhold the referral bonus from a referrer.

PAYOUT BOOST TERMS AND CONDITIONS

A payout boost is a boost in your potential payout. To activate a boost, you and a friend must follow each other on the Vivid Picks app, and either: (1) submit an entry in the same game, or (2) submit an entry in a contest where a player in your selection is in the same game as a player in that friend’s selection.  

FREE SQUARE PROMOS – GENERAL TERMS AND CONDITIONS

A Square (also called a discounted prop) is an altered projection that is almost guaranteed to hit. Square/discounted prop must be combined with at least 1 other selection within the same contest. Vivid Picks does not guarantee a favorable outcome on any Square/discounted prop.  

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OFFICIAL RULES FOR THE VIVID PICKS 2023 $100K PROP PERFECTION CONTEST (“OFFICIAL RULES”)

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR DEPOSIT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW AND THE UNITED STATES.

1.    Contest: 2023 $100k Prop Perfection Contest (“Promotion”).

2.    Sponsor: Vivid Picks, LLC, 24 E. Washington Street,Suite 900, Chicago, IL 60602 (“Sponsor”).

3.     Acknowledgement: As a condition of participating in the Promotion, you agree to be fully and unconditionally bound by these Official Rules, the Vivid Picks Terms of Use (“Terms of Use”),the Vivid Picks Privacy Policy (“Privacy Policy”), and the VividPicks General Rules (“General Rules”), and the decisions of Sponsor, whose decisions shall be final and binding in all respects, and you agree to fully and unconditionally waive any right to claim ambiguity in the Promotion, the Official Rules, the Terms of Use, the Privacy Policy, or the General Rules.The General Rules are attached as Exhibit A to these Official Rules and are incorporated herein by reference. THESE OFFICIAL RULES CONTAIN AN ARBITRATION AND DISPUTE RESOLUTION PROVISION THAT REQUIRES YOU AND SPONSOR TO RESOLVE DISPUTES (WITH CERTAIN EXCEPTIONS) BY BINDING AND EXCLUSIVE ARBITRATION INSTEAD OF IN COURT OR BEFORE A JURY.

4.     Promotion Period: The Promotion begins at 12:00am CT onSeptember 8, 2023, and ends at 11:59pm CT on January 7, 2024 (the “Promotion Period”), unless earlier terminated in accordance with these Official Rules. The Promotion consists of18 separate weekly contests corresponding to each of the 18 weeks of the regular NFL season (each a “WeeklyContest”). For purposes of each Weekly Contest, a week begins on Tuesday and ends on Monday. The entry period for each Weekly Contest (“Weekly Entry Period”) may vary but will open no later than Saturday at 10:00pm CT and remain open until Sunday at 11:59am CT for that Weekly Contest, as shown within the Vivid Picks app.Notwithstanding the foregoing, Sponsor may in its discretion elect to extend the Promotion Period to include up to two (2) additional Weekly Contests corresponding to the NFL Playoffs (including the NFL Wildcard Round and/or theNFL Divisional Round, each a “Playoff Weekly Contest”). The Weekly EntryPeriod for any Playoff Weekly Contest may vary slightly depending on the NFL schedule for each NFL Playoff round, as shown within the Vivid Picks app.

5.    Eligibility: The Promotion is open only to legal residents of the United States (including DC, but excluding residents of Nevada and Washington) who, at the time of entry: (i) are at least eighteen (18)years of age or age of majority in their state of residence (nineteen (19) for residents of Alabama and Nebraska and twenty-one (21) for residents ofMississippi) and (ii) have a Vivid Picks account. Employees of Sponsor and any of their parent and affiliate companies as well as the immediate family and household members of such employees are not eligible to participate or win. The Promotion is subject to all applicable federal, state, and local laws and regulations and is void where prohibited.

6.    How to Enter: To enter a Weekly Contest, you must, during the applicable Weekly Entry Period for that Weekly Contest, log into your VividPicks app, find the “$100k Prop Perfection” Promotion, and make all required picks to complete your entry into the Promotion for that Weekly EntryPeriod.  You may enter as many or as fewWeekly Contests as you like during the Promotion Period, but no more than one entry per Weekly Contest per Vivid Picks account.  If you don’t have an existing Vivid Picks account, you may create a new account by downloading the Vivid Picks app.Creating an account is free. Entries received outside of the Promotion Period or the applicable Weekly Entry Period will be deemed ineligible. Entries willnot be acknowledged. Sponsor’s time clock is the official time clock for thePromotion.

7.    Prizes and Selection of Winner(s): All potential winners are subject to verification of eligibility and compliance with these OfficialRules and the General Rules. Residents of Nevada and Washington are ineligible to participate in this Promotion and therefore cannot receive any prize. Maximum of one (1) grand prize of up to one hundred thousand dollars ($100,000.00 USD) available during each Weekly Contest (“WeeklyGrand Prize”), to be split between all Weekly Grand Prize Winners (“WeeklyGrand Prize Winner(s)”) for that Weekly Contest, as described below. Not withstanding the foregoing, there will be a maximum of three (3) Weekly Grand Prizes awarded throughout the Promotion Period; once three (3) Weekly Grand Prizes have been awarded, only Weekly First Prizes will be awarded in subsequent Weekly Contests. Maximum of one (1) weekly prize of two thousand Vivid Bucks (2,000 VB) available during each Weekly Contest (“WeeklyFirst Prize”) for which there is no Weekly Grand Prize Winner, to be equally divided between all Weekly First Prize Winners for that Weekly Contest(“Weekly First Prize Winner(s)”). Vivid Bucks may only be used to enter real-money contests but are not redeemable for cash.  An individual entrant may win a maximum of one (1) Weekly Grand Prize, or one (1) WeeklyFirst Prize, during the Promotion Period.

Foreach Weekly Contest, all entrants will be required to make picks on the same twenty (20) player props within the “$100k Prop Perfection” Contest during the applicable Weekly Entry Period.  If as ingle entrant gets all player props correct for a Weekly Contest, that entrant will receive a $100,000.00 Weekly Grand Prize. If multiple entrants get all twenty (20) player props correct for aWeekly Contest, the $100,000.00 Weekly Grand Prize will be equally divided between all such entrants.

Notwithstanding the foregoing, if one or more of the twenty (20) required players do not playduring any Weekly Entry Period, the Weekly Grand Prize available for thatWeekly Contest will be reduced as follows:

·       Weekly Grand Prize if 0 players ruled out = $100,000.00 USD

·       Weekly Grand Prize if 1 player ruled out = $50,000.00 USD

·       Weekly Grand Prize if 2 players are ruled out =$25,000.00 USD

·       Weekly Grand Prize if 3 players are ruled out =$20,000.00 USD

·       Weekly Grand Prize if 4 players are ruled out =$10,000.00 USD

·       Weekly Grand Prize if 5+ players are ruled out = No Weekly Grand Prize available but Weekly First Prize is available

A player is determined as having not played, or being ruled out, if the player accrues zero snaps during the Weekly Entry Period.  If a single entrant gets all remaining player props correct during a Weekly Entry Period, that entrant will receive the applicable Weekly Grand Prize set forth immediately above.  If multiple entrants get all remaining player props correct during a Weekly Entry Period, the applicable Weekly Grand Prize set forth immediately above will be equally divided between all such entrants.  For example, if no players are ruled out, and 1 entrant correctly predicts all 20 player props, that entrant will receive a Weekly Grand Prize in the amount of $100,000.00; if 2 players are ruled out, and 5 entrants correctly predict all remaining 18 player props, a Weekly Grand Prize in the amount of $25,000.00 will be split equally among such entrants ($5,000.00 each).

TheWeekly First Prize will be awarded during each Weekly Contest where there is noWeekly Grand Prize Winner to the entrant(s) with the highest number of correct picks. If multiple entrants obtain the highest number of correct picks during aWeekly Entry Period, the Weekly First Prize will be equally divided between all such entrants.  For example, if the highest number of correct picks during a Weekly Entry Period is 17, and only one entrant made 17 correct picks, that entrant will receive a Weekly FirstPrize in the amount of two thousand Vivid Bucks (2,000 VB); but if 5 entrants correctly predicted 17 picks in that same Weekly Entry Period, a Weekly FirstPrize in the amount of two thousand Vivid Bucks (2,000 VB) will be split equally among such entrants (400 VB each).

If Sponsor awards aWeekly Grand Prize in any three (3) Weekly Contests, Sponsor will not award aWeekly Grand Prize in any subsequent Weekly Contest(s) but will award a WeeklyFirst Prize in any subsequent Weekly Contest(s).

After the conclusion of each Weekly Entry Period, Sponsor will identify the Weekly GrandPrize and/or Weekly First Prize Winner(s) from among all eligible entries received during the applicable Weekly Entry Period.  Within one (1) week following the conclusion of each Weekly Entry Period, the Weekly First Prize Winner(s) will receive the applicable Weekly First Prize in their Vivid Picks account within the VividPicks app.  Within two (2) weeks following the conclusion of any Weekly Entry Period in which a Weekly GrandPrize is awarded, the Weekly Grand Prize Winner(s) will have their Weekly GrandPrize credited to their Vivid Picks account within the Vivid Picks app (which amount will be available for withdrawal) or will receive a mailed check, inSponsor’s sole discretion.

8.     Winners List: To obtain a copy of the winners list following completion of the Promotion Period, send a self-addressed, stamped envelope to be received by February 15, 2024 toVivid Picks, LLC, 24 East Washington Street, 9^th Floor, Chicago, IL60602, Attention: Legal.

EXHIBITA – 2023 $100k PROP PERFECTION CONTEST

GENERALRULES:

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE, DEPOSIT OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW AND OUTSIDE THE UNITED STATES.

1.       Right to Modify,Suspend or Terminate: Sponsor reserves the right to cancel, suspend, or modify the Promotion and/or any Weekly Contest if fraud or technical failures destroy the integrity of the Promotion and/or Weekly Contest, as determined by the Sponsor in its sole discretion; and/or if Sponsor is prevented from awarding prizes or continuing with the Promotion or any Weekly Contest as contemplated herein by any event beyond its control.  If thePromotion or any Weekly Contest is terminated before the designated end date, Sponsor reserves the right to award the prize(s) based on eligible entries received prior to the termination. 

2.       Indemnification: By entering this Promotion and/or accepting receipt of any prize, you agree to release, defend, covenant not to sue, and discharge and hold harmless Sponsor, its parents, subsidiaries and affiliates, and their respective advertising and Promotion agencies, employees, directors, and officers from and against any claims, causes of action, losses, and damages arising out of your participation in this Promotion, including, but not limited to, any Promotion-related activities, the administration of the Promotion, publicity rights, invasion of privacy, personal injury, death, damage to or loss of property, and the acceptance, possession, use and/or misuse of any prize awarded in this Promotion. SOME JURISDICTIONS DONOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. 

3.       PublicityRights: By entering this Promotion and/or accepting receipt of any prize, you further agree that Sponsor may use your name, username, likeness, photographs, voice, location, and biographical information for worldwide marketing purposes, including in connection with the promotion, development, and/or exploitation of this and/or other contests offered by Sponsor or its affiliates, in perpetuity, in any and all forms of media, now known or hereafter devised, without further compensation or right of approval, unless prohibited by law. You acknowledge that you may be required to submit a written signature on a separate publicity waiver, as further described below, prior to receiving a prize.

4.       Disputes:Except where prohibited, you agree that all matters arising out of or relating to this Promotion and these Official Rules are governed by, and construed in accordance with, the laws of Illinois, without giving effect to any of its conflict of laws provisions thereof.  Except where prohibited by law, as a condition of participating in this Promotion, you further agree that: (1) any and all disputes and causes of action arising out of or connected with thisPromotion or the Weekly First Prizes or Weekly Grand Prizes awarded, shall be resolved individually, without resort to any form of class, consolidated, representative, collective, or private attorney general action, and exclusively by final and binding arbitration under the rules of the American ArbitrationAssociation (defined in the Vivid Seats Terms of Service) and held in Chicago,Illinois; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. The arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, collective, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding. Further, both you and Sponsor waive the right to a trial by jury.

5.       Selection of Winners: The potential winner(s) for each WeeklyEntry Period will be determined from all eligible entries received during the applicable Weekly Entry Period for that Weekly Contest. The potential winner(s)of each Weekly Contest will be notified according to the Official Rules for thePromotion.

6.       Winner Eligibility: Potential winner(s) are subject to verification of eligibility and compliance with these General Rules and the applicable Official Rules.  Potential prize winner(s) may be required to complete and return an affidavit of eligibility and, except where prohibited by law, a publicity rights and liability release (“Affidavit”) within the time period set forth inSponsor’s notification. In the event a potential prize winner: (a) is found to be ineligible to enter the Promotion or receive a prize; (b) fails to sign theAffidavit or otherwise fulfill the Affidavit-related obligations within 72hours of receipt; (c) cannot be reached or a winner notification or Affidavit is returned as undeliverable; (d) does not respond to any communication within72 hours, or shorter period if specified in the applicable communication; or(e) cannot or does not comply with these General Rules and/or the applicableOfficial Rules, such potential prize winner may be disqualified from the WeeklyContest and/or Promotion and the prizes will be awarded to the remaining winners for that Weekly Contest in accordance with the methodology described in these Official Rules.  Sponsor reserves the right to repeat this process until all potential prize winner(s) have complied with all eligibility and verification requirements.

7.       Taxes: Taxes and fees associated with a prize, if any, are the sole responsibility of the prize winner. Sponsor is responsible only for prize delivery and expressly disclaims responsibility for prize utility, quality, or otherwise. Potential winners may be required to provide a tax ID prior to claiming a prize.

8.       GeneralTerms:  

a.      Sponsor reserves the right to amend these General Rules or the Official Rules at anytime, and it is your responsibility to review these General Rules or theOfficial Rules for any changes.  By participating in the Promotion or accepting a prize after we change theseGeneral Rules or the Official Rules, you accept all changes thereto.

b.       Sponsor is not responsible for errors or problems downloading or uploading any Promotion-related materials or information, or for any other technical malfunctions of electronic equipment, computer on-line systems, servers, or providers, computer hardware or software failures, failure of any electronic mail entry to be received by Sponsor on account of technical problems, traffic, congestion on the internet, or any other technical problems related to Promotion entries that may limit an entrant’s ability to participate in this Promotion. Entries made using a false identity, on behalf of another individual, or through any robotic, automatic, mechanical, programmed or similar entry duplication method will be disqualified.  

c.       Sponsor’s decisions are final and binding in all matters relating to thePromotion.

d.       Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Promotion, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Promotion, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.  

e.       The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. If any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.  

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