“Free Pick” / “Gimme Pick” / Pick “Token”

The “free pick” or “gimme pick” promotion (each, a “pick promotion”) in advertising, in-app, and on-platform refers to opportunities for the customer to receive a roster selection that will be graded as a winning pick, regardless of how the chosen athlete performs in the real-world athletic event, subject to the limitations below. When described as a “token,” the pick promotion has the same effect and is subject to these rules. A “token” does not create a property or contractual right or relationship between Underdog and the customer.

Based on the terms of the pick promotion or the in-app interface (when done on iOS or Android) or on-platform interface (when done on web) (collectively, “the Underdog platform”), the customer may either choose the athlete and projection to which the pick promotion will apply, or Underdog will automatically apply the pick promotion to a specific athlete and projection.

In all instances of a “free pick” or “gimme pick,” or similar terms, the selection will change the projected value to 0.5, 0.0, a checkmark, or similar indicia as shown on the Underdog platform. When higher than 0.0, the pick is not guaranteed to win that selection, unless the athlete selected meets at least the stated projection. Picks are subject to all terms and conditions with respect to voided picks and selections in Underdog’s sole discretion. Underdog further reserves the right to grade any such selections as “wins” even if the athlete does not meet the stated projection, does not play, is injured, or otherwise, in its sole discretion.

When using the pick promotion, the incremental value or prize of a winning roster attributable to the pick promotion is given to the customer as promotional credit, subject to the rules and terms governing promotional credit. For example, a winning entry with three athletes using the pick promotion is given to the customer in withdrawable cash for a two-athlete selection, and the remaining value attributable to the third athlete awarded to the customer in promotional credit. Promotional credit must be played through 1x during the defined turnover period before any winnings are eligible for withdrawal.

Tokens that are applied to entries that are void for any reason will be returned to the user at the time that the entry is marked as void.

All pick promotions are available only during the stated promotion period, as shown on the Underdog platform and within any advertising for the pick promotion.

Streak entries are not eligible for pick promotions.

Redemption of pick promotions is expressly conditioned upon acceptance of and compliance with these Terms & Conditions.

For purposes of the pick promotion, Underdog may use the terms “free pick” or “gimme pick” or other similar terminology to refer to the promotion, and will be used interchangeably in advertisements regarding the pick promotion and on customer-facing platforms, whether in-app or on the web.

No Sweat Token

The “No Sweat” tokens promotion in advertising, in-app, and on-platform refers to opportunities for the customer to receive a No Sweat token that they can apply to eligible Pick’em entries, subject to certain limitations. A “token” does not create a property or contractual right or relationship between Underdog and the customer.

After applying a No Sweat token to an eligible Pick’em entry, customers will receive promotional credits equal to the value of their entry fee if their entry does not win. Promotional credit is subject to the rules and terms governing promotional credit and must be played through 1x during the defined turnover period before funds are eligible for withdrawal. Picks are subject to all terms and conditions with respect to voided picks and selections in Underdog’s sole discretion.

Tokens that are applied to entries that are void for any reason will be returned to the user at the time that the entry is marked as void.

All pick promotions are available only during the stated promotion period, as shown on the Underdog platform and within any advertising for the pick promotion.

Streak entries are not eligible for pick promotions.

Redemption of a No Sweat token is expressly conditioned upon acceptance of and compliance with these Terms and Conditions.

Welcome to the Fantasy Deposit Match Bonus promotion, where participants will receive promo credit(s) equal to 50% of the amount of first deposit up to $1,000 in promo credits. Underdog requires participants to deposit a minimum of $10 to be eligible for the Fantasy Deposit Match Bonus promotion. Redemption of the Promotion is expressly conditioned upon acceptance of and compliance with all of these Promotion Terms and Conditions. The Deposit Match Promotion Bonus is forfeited if the turnover (playthrough) requirement is not fully met within fourteen (14) days of the bonus being issued (turnover period). In some instances, Underdog may hand out additional Promotion Bonus that are not tied to first deposits, such as Airdrops. In these instances, funds will be valid for the stated turnover period. For the avoidance of doubt, the completion period will be measured as the turnover period from the time the airdrop is placed in the customer's account. Failure to fully use the Bonus Cash within the stated timeframe will void any unused award.

Play Pick’em 🤝 Get Cashback

During select promotional periods, eligible users will receive a % of their Pick’em entry fees back in Bonus Cash at the promotion's conclusion. Eligible users will be notified via their UD registered account email and through in-app messages.

For example, during a 5% PGA Player's Championship Playback Program offer, selected users can receive 5% back on all entries they place during the promotional period (start to end of the Player's Championship tournament) featuring at least 1 PGA player.

Examples:

The free pick promotion (“the promotion”) is a free-to-play fantasy contest. No purchase or deposit is necessary to participate in the free pick promotion. Underdog does not offer and will not permit customers to place entries that are paid entries; customers cannot place entries other than the free entry provided by Underdog.

The promotion allows the customer to place a free entry into a Champions contest, based upon a dollar amount value of $1. Prizes in the contest will be awarded to customers equal to the amount that would be won by the customer if the customer had made an entry of $1. Prizes may be withdrawn by the customer or used across all Underdog platforms and contests.

Underdog limits the number of free entries permitted by each user, in its sole discretion.

The promotion will place customers into the Underdog “Champions” contest format, in which customers compete against each other for prizes.

The terms and rules of Underdog’s Champions contests are fully incorporated herein, to the extent consistent with these terms and conditions, as are all other applicable Terms of Use, Conditions, and Policies. The promotion is limited to registered Underdog customers who have undergone and complied with all of Underdog’s “Know Your Customer” controls, and who must be at least 18 years of age or older to participate (or, otherwise, any higher minimum age required by the law of the customer’s jurisdiction).

Prizes in the Free Picks promotion will be provided to customers by deposits into their customer accounts, which are available for withdrawal upon payment.

In some instances, due to technological constraints, a customer may be prompted to enter the contest using a $1 entry fee. Upon placing the entry, Underdog will not debit the customer’s account upon entry into the contest. Customers without deposits or who encounter funding errors may contact [email protected], and will thereafter receive funds into their account to enable participation in the contest.

Extra Free-Play Promo: Free entries to Underdog's Pick'em contests awarded based on the number of free picks stated in the promoting advertisement. Free picks awarded under an Extra Free-Play Promo are subject to the rules, terms, and conditions of Free Picks Contests and Promotions. Free picks awarded under an Extra Free-Play Promo require registration and verification of age within the Underdog Sportsbook App. Free picks will be awarded within the Underdog Fantasy App within 48 hours following Underdog Sportsbook App registration and verification of age.

For Standard Pickem, All winnings for entries containing discounts will be paid out in withdrawable cash.

For Champions, when a discount is included in an entry, any winnings over the previous level (Pick 5 -> Pick 4) will be considered bonus cash and must be played through (1x) in order to be withdrawn.

For Multiplier Boosts, any Pick'em multiplier winnings over the standard multiplier will be awarded as bonus cash and must be played through (1x) in order to be withdrawn.

For example, if a Pick'em Boost multiplier offer is for 50x back for making 5 picks, and the regular return is 20x - the additional 30x will be awarded as bonus cash.

For Pick'em Specials, where the payouts are normal but a heavily-adjusted, user-friendly projection is included in an entry, any winnings over the previous level (Pick 5 -> Pick 4) will be considered bonus cash and must be played through (1x) in order to be withdrawn.

For example, a Pick 5 with a special included will be paid out as a Pick 4 in winnings, and the rest as bonus cash (i.e. a $10 Pick-5 would be paid out as $100 in winnings and $100 in bonus cash). For a Pick 2, the entry fee will be paid out as winnings and the rest as bonus cash.

Promos and Deposit Bonuses require play-through. This means the total amount of the bonus must be put into play before it can be withdrawn.

If you participate in a deposit bonus, the entire deposit + bonus amount must be played through before being withdrawn.

Any refunds are returned in the same type of funds used for the contest entry. For example, if a $10 entry uses half bonus funds and half withdrawable funds, customers will be refunded $5 of bonus funds and $5 of withdrawable funds.

Underdog Fantasy’s Refer A Friend Program

TERMS & CONDITIONS

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

THESE RULES AND THE UNDERDOG FANTASY TERMS OF USE GOVERN YOUR PARTICIPATION IN THE PROGRAM. THE COLLECTION AND PROCESSING OF PERSONAL INFORMATION AS PART OF OR IN CONNECTION WITH PARTICIPATING IN THE PROGRAM 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 Program

Welcome to Underdog Fantasy’s Refer a Friend Program (the “Program”), where current Underdog Fantasy users (“referrer”) can refer new users (“friends”) to make a first-time deposit on the Underdog Fantasy platform.

Upon one friend entering the referrer’s Underdog Fantasy username as the referral code when creating a new Underdog Fantasy account and making a successful deposit of at least $10 on the Underdog Fantasy platform, the referrer will receive a credit in the amount conspicuously stated in the promotion advertisement to their account (the “Program Credit”). The referrer may not withdraw the Program Credit until the full amount of the Program Credit has been used to play in a game(s) on the Underdog Fantasy platform. Referrer will be given the Program Credit at the time that each friend makes their successful deposit after creating an Underdog Fantasy account using the correct referral code.

The Program is sponsored by Underdog Sports, LLC (“Underdog” or the “Sponsor”). The terms “you” or “your” mean the person to whom the Program Credit is issued upon satisfaction of the terms and conditions set forth in these “Terms and Conditions.”. Participation in the Program is expressly conditioned upon acceptance of and compliance with all of these Terms and Conditions. Program participants may be required to sign paperwork issued by the Sponsor.

Sponsor expressly reserves the right to amend, suspend or terminate this Program at any time without prior notice or consent. Administration of this Program is at the sole discretion of the Sponsor.

Program Period

The Program begins when a referrer refers a friend and ends when the referrer receives the Program Credit (the “Program Period”). Once the friend has made a successful deposit of at least $10 on the Underdog Fantasy platform after creating an Underdog Fantasy account using the correct referral code, the referrer will receive the Program Credit in their account. Friends may email Underdog Fantasy Customer Support ([email protected]) within 12 hours of making a deposit to retroactively apply the referrer’s referral code.

Eligibility

The Program is only open to individuals who are (i) 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 (ii) not enrolled in any self exclusion program during the Program Period.

You may only earn one Program Credit for each friend. Additionally, Underdog reserves the right to refuse or otherwise restrict your eligibility to participate in the Program 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 Program is not transferable. Duplicate accounts will be flagged and Program Credits will be forfeited, in addition to other adverse action consistent with the Underdog Fantasy Terms of

Use.

Any questions relating to eligibility, these Program Terms and Conditions or any other questions concerning this Program 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 on the Underdog Fantasy platform immediately forfeits the Program Credit, and any bonus cash, award, or offer associated with the Program.

How to Enter

Eligible new Underdog Fantasy customers must first create an Underdog Fantasy Account. The eligible customer will then be able to refer a friend who does not have an existing Underdog Fantasy Account to create an Underdog Fantasy Account and make a first time deposit of at least $10 on the Underdog Fantasy platform. Upon one friend entering the referrer’s Underdog Fantasy username as the referral code when creating a new Underdog Fantasy Account and making a successful deposit of at least $10 on the Underdog Fantasy platform, the referrer will receive the Program Credit in their account. The referrer may not withdraw the Program Credit until the full amount of the Program Credit has been used to play in a game(s) on the Underdog Fantasy Platform. Referrer will be given the Program Credit at the time that each friend makes their deposit.

Friends may email Underdog Fantasy Customer Support ([email protected]) within 12 hours of making a deposit to retroactively apply the referrer’s referral code.

Registration Procedures

To qualify for the Program, eligible individuals must have an active Underdog Fantasy Account and verify their 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, participants are required to agree to the Underdog Fantasy Terms of Use and Privacy Policy along with all other applicable 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 Program.

Limitations on Participation

In addition to the eligibility requirements above, Sponsor reserves the right to refuse or otherwise restrict your eligibility to participate in the Program 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 Program is void where prohibited by law.

Order of Funds Used for Entering Contests

The Program Credit is non-withdrawable but any winnings from fantasy contests entered using Program Credit are immediately withdrawable. When an Underdog Fantasy Account has both Program Credit/site credits and customer-deposited funds, the Program Credit/site credits are applied to entry fees before customer-deposited funds.

Restrictions on Withdrawal

The Program Credit has a turnover (playthrough) requirement before becoming available for withdrawal.

The Program Credit is not transferable and cannot be substituted except in the Sponsor’s sole discretion.

Cancellation

Should you wish to cancel your participation in this Program at any time, please contact customer support at [email protected]. Upon cancellation, you may withdraw any funds you have deposited into your account without restriction. However, any Program Credit/site credit in your Underdog Fantasy Account is non-withdrawable. Sponsor reserves the right to decline to cancel participation in the Program 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. 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 Program nor shall the Sponsor be liable for computer, device, or program malfunctions. Sponsor is not liable for any erroneous issuance of Program Credits.

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 to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these 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 these Terms and Conditions remain in full force and effect.

Statute of Limitations. You and Underdog agree that any claims or lawsuits, regardless of form, arising out of or related to the Site (including the Program) or these Terms and Conditions or 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 these Terms and Conditions are for convenience only and have no legal or contractual effect.

Communications. Users with questions, complaints or claims with respect to the Program may contact us using the relevant contact information set forth above.