From time to time, Sleeper may offer Protected Pick promotions in relation to our paid-entry contests. While the amounts and methods of entry may vary, Protected Pick promotions provide users with the opportunity to place protected contest entries in which losses are credited back in the form of play-through funds.

Sleeper may provide additional clarifying details, rules, and/or requirements at the time any version of the Promotion is activated.

1 THE PROMOTION

1.1 Blitz Studios, Inc., Sleeper DFS, LLC and each's affiliates (collectively, “Sleeper,” “we,” “our,” and/or “us”) may offer Protected Pick promotions (each a “Promotion”) to you from time to time.

1.2 These terms and conditions (the “Terms” and/or “Agreement”) apply to and govern your participation in the Promotion. Additionally, these Terms are governed by (as applicable) our General Terms of Use, Paid-Entry Contests of Skill Terms of Use (collectively, the “TOU”) and Privacy Notice (the “Privacy Notice”), which you have previously agreed to when registering an account with us. In the TOU you have agreed to, among other things, provisions regarding intellectual property, warranty disclaimers, limitation of liability, and the requirement for disputes related to your use of our free-to-play games, paid contests of skill, and other fantasy sports-related products services found on our mobile application and/or website (collectively, the “Services”) by non-class arbitration.

2 ACCEPTANCE AND MODIFICATIONS TO THE TERMS OF THE PROMOTION

2.1 Every time you (“you” and/or “your”) participate in the Promotion, you agree to be bound by these Terms. A new binding agreement between you and us is created upon your participation in this Promotion. As such, you should read these Terms carefully each time you participate in the Promotion.

2.2 We reserve the right to modify, update, cancel, or in any way alter the Promotion, these Terms or any part thereof, at any time, without notice to you. You agree to be bound by such amended Terms in place each time you participate in the Promotion. Please check regularly and review any updates to the Terms.

2.3 You hereby confirm that you have read the Agreement, had ample opportunity to consult with your own legal advisors, and agree to all of the terms and conditions herein. You agree that your participation in the Promotion is in no way, shape, or form reliant on any representation, guarantee, and/or statement other than as set forth in this Agreement.

3 PROMOTION DEFINITIONS

3.1 The definitions found in the TOU and Privacy Notice are hereby incorporated by reference. Additionally, the following definitions apply to this Agreement:

4 ELIGIBILITY

4.1 Any Player who is not a Minor, complies with these Terms (including any additional rules provided by Sleeper), the TOU, and the Privacy Notice, and is not located in an Excluded State.

5 ADDITIONAL TERMS AND CONDITIONS

5.1 Protected Pick entries must have a minimum entry fee of $1.00. You are only eligible to place one (1) Protected Pick contest entry in any given Promotion unless otherwise noted. Any attempt to circumvent this rule, including but not limited to the creation and/or use of multiple accounts, shall be a violation of these Terms and disqualify you from the Promotion.

5.2 In the case where net losses are credited back into your Sleeper Wallet, the entirety of the deposited Play-through Credits received must be used to enter a Contest or Contests before being withdrawn; winnings are not subject to withdrawal restrictions.

5.3 While the protected amounts may vary, Protected Pick contest entry fees are restricted by each Promotion's specified dollar amount, which serves as the maximum entry fee value that users may place.

5.4 You shall comply with all applicable laws, and any policy noticed by us, in relation to money laundering and/or the proceeds of a crime.

5.5 Each year, all winners who have won six hundred dollars ($600.00) or more over the previous year must provide updated address and social security details to Sleeper so that we can comply with tax regulations. This information will be shared with relevant tax authorities. You, and not Sleeper, are responsible for filing and paying applicable local, state, federal, and international taxes on any winnings. We do not provide tax advice, nor should any statements in these Terms and/or anywhere on the Sleeper platform, be construed as tax advice.

5.6 There is no relationship of exclusivity, partnership, joint venture, employment, agency, or franchise between you or us under this Agreement. Neither party has the authority to bind the other (including the marking of any representation or warranty, assumption of any obligation or liability, and/or exercise of any right or power), except as expressly provided in this Agreement.

5.7 You may not under any circumstances sublicense, assign (by operation of law or otherwise) or otherwise transfer this Agreement or any license or any right, duty, or obligation hereunder without our prior written consent. Any attempt to do so shall be null and void. Subject to the foregoing limitations, this Agreement will mutually benefit and be binding upon the parties, their successors and assigns.

5.8 A failure or delay by either party to enforce any right under this Agreement shall not at any time constitute a waiver of such right or any other right, and shall not modify the rights or obligations of either party under this Agreement. Any waiver by either party of any right hereunder shall not constitute a waiver of such right in the future. If any provision or portion of this Agreement is held to be unenforceable or invalid, the remaining provisions and portions shall nevertheless be given full force and effect, and the parties agree to negotiate, in good faith, a substitute valid provision which most nearly affects the parties’ intent in entering this Agreement.

5.9 Neither party will be deemed in default of any obligation hereunder nor be liable for any failure or delay in performance which results directly or indirectly from any cause beyond its reasonable control, including without limitation, “Acts of God,” delays or failures in the Internet or related carries and third-party equipment, acts of civil or military authority, strikes, fire, theft, delays by suppliers, pandemic/endemic, and/or action or inaction by any other third party.

5.10 This Agreement shall be governed by and construed under the laws of the State of Delaware, without regard to principles of conflicts of laws. Application of the U.N. Convention of Contracts for the International Sale of Goods is expressly excluded. Sleeper and you hereby irrevocably waive, to the fullest extent permitted by law, any right either may have to a trial by jury in any legal proceeding directly or indirectly arising out of out of relating to this Agreement.

5.11 These Terms, together with the TOU and Privacy Notice, constitute the entire agreement between you and us and cannot be modified by you at any time, and supersedes all prior agreements and understandings, whether written or oral, relating to the subject of this Agreement. To the extent this Agreement conflicts or is inconsistent with the TOU or Privacy Notice, the TOU and Privacy Notice shall control.

WE RESERVE THE RIGHT TO CHANGE, CANCEL, AND/OR IN ANY WAY MODIFY THE PROMOTION AND/OR THESE TERMS WITHOUT PRIOR WRITTEN NOTICE. ALL ACTIVITY IS GOVERNED BY THE APPLICABLE TOU AND PRIVACY NOTICE CONDITIONS.