Profit Boost — Promotion Terms of Use
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A Profit Boost increases the profit on a winning entry by a stated percentage or flat amount — it never applies to your entry fee.
1. The Promotion
SmackTok's “Profit Boost” promotion (this “Promotion”) allows eligible players to receive a stated increase to the net profit of a specific, eligible Player Picks contest entry.
These terms and conditions (the “Terms”) apply to and govern your participation in this Promotion. These Terms are governed by, and incorporate by reference, SmackTok's Terms of Use and Privacy Policy (together, the “Master Terms”), which you agreed to when you created your SmackTok account. The Master Terms include, among other things, provisions on intellectual property, warranty disclaimers, limitation of liability, and binding, non-class arbitration of disputes.
2. Acceptance and Modifications to the Terms of the Promotion
Each time you participate in this Promotion, you agree to be bound by these Terms. Your participation creates a new, binding agreement between you and SmackTok every time it occurs, so you should review these Terms whenever you take part.
SmackTok may modify, update, cancel, or otherwise alter this Promotion or these Terms, in whole or in part, at any time, without notice. Continued participation after a change means you accept the Terms as updated.
By participating, you confirm that you have read these Terms, have had the opportunity to consult your own advisors, and are relying solely on what is expressly stated here — not on any other representation, guarantee, or statement — in deciding to participate.
3. Promotion Definitions
The definitions set out in the Master Terms and Privacy Policy, including Section 2 of these Bonus Terms, are incorporated by reference. In addition, the following terms apply to this Promotion:
“Minor” means any individual under eighteen (18) years of age; provided that, for legal residents of Nebraska, “Minor” means any individual under nineteen (19) years of age. SmackTok currently offers this Promotion only in the Eligible States listed in Section 2.2, and the applicable minimum age is 18 in every Eligible State except Nebraska (19).
“Boost” means a stated percentage or flat-dollar increase SmackTok applies to the net profit (payout minus entry fee) of a specific, eligible contest entry identified at the time the Boost is offered.
4. Eligibility
Any person who (i) is not a Minor, as defined above; (ii) holds a verified SmackTok account; (iii) complies with these Terms and the Master Terms; and (iv) is not physically located in an Excluded State (as defined in Section 2.2 of these Bonus Terms) is eligible to participate in this Promotion.
5. Promotion Details
Each Boost offer states a maximum dollar amount or percentage cap; SmackTok will not pay Boost amounts exceeding the stated cap.
Payout Cap / Boost Clipping: The Boost is applied before SmackTok's absolute 29× payout cap, and that cap is absolute. Any play priced above 19.33× before the Boost will have part or all of the Boost clipped so that the total payout does not exceed 29×. This Promotion accepts plays with no upper leg limit, which routinely price above 19.33×; those entries will receive a smaller effective Boost than the advertised rate.
A Boost is attached to a specific, clearly identified entry, contest, or sport at the time of issuance, and cannot be applied retroactively to an entry made before the Boost was activated.
If the eligible entry does not win or does not generate net profit, the Boost has no effect and confers no value; an unused Boost has no cash value.
Unless a specific offer expressly states otherwise, Boosts do not stack with other Boosts, Insurance, or a Free Leg on the same entry.
Each Boost expires 24 hours after issuance or at the end of the specified contest window, whichever is earlier.
Amounts paid under a Boost are treated as contest winnings for withdrawal and tax-reporting purposes once credited.
6. Additional Terms and Conditions
Withdrawal Restriction. Any bonus funds, tokens, boosts, refunds, or other non-cash credit issued under this Promotion must first be used to enter one or more paid contests before becoming eligible for withdrawal, except to the extent Section 5 (Promotion Details) above states otherwise.
Right to Refuse or Suspend Service. SmackTok may refuse service to, or close the account of, any prospective or existing participant at any time, in its sole discretion. All account and gameplay data relating to a participant remains SmackTok's property as between SmackTok and the participant, except as set out in the Master Terms.
Fraud Review Hold. If SmackTok suspects fraud or a violation of these Terms, the Master Terms, or the Privacy Policy, SmackTok may delay payment of any related credit, refund, or winnings for up to one hundred eighty (180) days while it investigates. SmackTok is not obligated to pay any amount to a participant who is found, in SmackTok's sole discretion, to have committed fraud or otherwise violated these Terms.
Anti-Money-Laundering Compliance. You agree to comply with all applicable anti-money-laundering laws and any related SmackTok policy in connection with this Promotion.
Taxes. You are solely responsible for all federal, state, and local taxes arising from any amount received under this Promotion. SmackTok may issue an IRS Form 1099 (or other required form) and may request a Form W-9 or equivalent, and may withhold any amount required by law or pending receipt of required tax information.
No Agency or Partnership. Nothing in these Terms creates a partnership, joint venture, employment, agency, or franchise relationship between you and SmackTok. Neither party may bind the other except as expressly stated in these Terms.
No Assignment. You may not assign, sublicense, or otherwise transfer this Promotion, these Terms, or any right or obligation under them, without SmackTok's prior written consent. Any attempted transfer in violation of this clause is void.
No Waiver; Severability. SmackTok's failure to enforce any provision of these Terms is not a waiver of that provision or any other. If a provision is found unenforceable, the remaining provisions remain in full effect, and the parties will treat the unenforceable provision as replaced by one that most closely reflects its original intent.
Force Majeure. Neither party is liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of god, internet or telecommunications failures, civil or military action, labor disputes, fire, supplier delays, or public health emergencies.
Governing Law; Jury Trial Waiver. These Terms are governed by the laws of Nevada, without regard to conflict-of-law principles. To the fullest extent permitted by law, you and SmackTok waive any right to a jury trial in connection with any dispute arising from this Promotion, consistent with the arbitration and class-action-waiver provisions of the Master Terms.
Entire Agreement. These Terms, together with the Master Terms and Privacy Policy, constitute the entire agreement between you and SmackTok regarding this Promotion and supersede any prior or contemporaneous understanding on the subject. If these Terms conflict with the Master Terms or Privacy Policy, the Master Terms and Privacy Policy control.
Default Expiration. Unless a different period is stated in Section 5 (Promotion Details) above, any bonus funds, tokens, boosts, refunds, or other credit issued under this Promotion must be used within thirty (30) days of receipt or they are forfeited.
SMACKTOK RESERVES THE RIGHT TO CHANGE, CANCEL, OR OTHERWISE MODIFY THIS PROMOTION AND/OR THESE TERMS AT ANY TIME WITHOUT PRIOR NOTICE. ALL ACTIVITY UNDER THIS PROMOTION IS GOVERNED BY THE MASTER TERMS AND PRIVACY POLICY.