About PanoPick (with Terms and Conditions of Use)

I. A sports prediction marketplace

A. Designed for marketplace and informational purposes:

PanoPick’s business is creating a reliable, trustworthy, and transparent marketplace where people can buy and sell sports predictions based on the best available information. These predictions are made in the form of picks based on current real time odds for occurrences in a given sports game or event. All picks may be posted for free, and will be either displayed as freely visible or paid (available for purchase), at the discretion of the person posting a pick. Only people who have reached out to sellers@panopick.com to have their account enabled as sellers can use the option to display a pick in the marketplace for sale.

We have created a marketplace that protects buyers looking to purchase sports knowledge/predictions/picks from sellers. Our marketplace completely and fairly tracks the success of sellers in making these picks, so buyers have full and transparent information before they buy. In addition to protecting buyers, our marketplace also ensures that the most knowledgeable and best sellers can separate themselves from the pack given that we transparently track prediction results. Consequently, buyers will consistently be able to connect with honest, knowledgeable sellers in our marketplace.

Members (of the native or web apps) can use the PanoPick app for free, view free picks, or they can choose to purchase picks of sellers. Picks may be purchased on an individual basis or as part of a package. PanoPick does not endorse any particular predictions, picks, posters, or sellers, and fully encourages everyone to use all available information when viewing or purchasing picks. All references to PanoPick and PanoPicks’ apps herein include references to PanoPicks’ published or to be published apps on web, the Apple store, and the Google play store.

B. No gambling is ever permitted on the app:

PanoPick is in no way, shape or form a gambling app. No person using the app can deposit money on the app or risk anything of value ever, at any time. There is no ability to bet, wager, or risk real money or anything of value at any time on the app. All PanoPick contests are free to enter and play. Any prizes offered or given out in these contests are gratuitous, and a way of thanking customers for their loyalty in using the marketplace. Anything even remotely resembling gambling involves nothing of value at risk and is completely simulated. The unit values listed are merely a way to track members skills in predicting sports outcomes, either for the benefit of a members own record keeping, as a data point in the marketplace for others to assess someone’s skills, or to enjoy participation in one of PanoPicks free and fun contests.

C. Ensuring Marketplace integrity, transparency, and reliability

No member of PanoPick is ever, under any circumstances allowed to edit, change or delete their picks or predictions. This ensures that all members' predictions are tracked completely, transparently, and accurately, and that no member can distort their actual result in predicting sports outcomes.

II. Marketplace Buying and Selling

Picks can be sold individually or as a part of packages.

A. Packages:

Picks can also be sold as part of a package. In order to sell a package, a seller must specify the leagues they will focus on in the package, the total number of picks in the package, the average cost per pick, the total cost of the package, the name of the package, and a package description. By providing all this information, a buyer is able to fully understand what they would be getting in purchasing a package.

B. Individual Picks (samples of seller’s picks):

Picks will also be sold in the pick marketplace individually. All picks available listed individually in the picks marketplace or on a seller's profile are available to view fully for $1.99 (both the prediction itself and the comments about the prediction). However, if a buyer wants to buy more than 2 picks individually in a week from a particular seller, that buyer must purchase a package from a seller. That is to say, in a rolling 7 day window, no buyer can take advantage of the offer to access more than 2 individual picks from a particular buyer individually.

The profits from the $1.99 individual pick sales will go towards improving the PanoPick marketplace and offering promotional contests. Profits from individual picks will allow us to run free marketing contests for buyers and keep improving the tech for the marketplace. Eventually we hope to cover all the costs of these marketing contests and tech with the profits from these as right now we are running the business and the contests at a substantial net loss to us and we invest in promotions and development improvements to build the market for all of us. So the individual pick sales will help us keep growing this for everyone.

C. Buyer Protection

The beauty of buying picks in the PanoPick marketplace is the buyer not only has transparent and tracked information about who they are buying from, but the buyer is also protected. Seller must satisfy the pick requirements as listed above, or buyer will receive a refund. The refund will be prorated if seller has partially satisfied a package, or buyer will receive a full refund if seller has satisfied no picks in the package.

Buyer will also receive a refund if a pick is provided in bad faith or if a pick is deemed invalid.

D. Seller protection, payment, and PanoPick commission, and being enabled as a seller

III. PanoPick Rewards and Tier Levels

PanoPick rewards are a way to give back our loyal members who are active in the marketplace. Rewards tiers are divided into the five levels: Rookie, Starter, Captain, MVP, and Hall of Famer. Panopick members can advance tier levels by earning Pano rewards points through marketplace purchases. The primary purpose of these rewards levels is to give members discounts in the PanoPick marketplace. At its sole discretion, PanoPick may also send special offers to members based on their reward level, including but not limited to the invitations to participate in free contests and win prizes. These invites can be sent out to members whether they attained a membership level prior to or after the contests being announced. However, these contests will be equally open to all, including members of lower tiers and non members, as they will have alternative methods of entry to the contest besides the invitation extended to members. And attaining a particular rank in membership doesn’t guarantee access to any contests whatsoever. These tier level statuses are granted on a weekly or two week basis, and lapse after those periods. These statuses must be established if they lapse. Any rewards tiers are a result of money spent to purchase sports predictions in our app, and rewards points have no real money, cash, or exchange value. They only serve as a way of tracking tier status. (Note: we are still creating the tech side for our rewards discounts, so anyone who doesn’t receive their status before we have done so will receive the status in the future for the correct amount of time (i.e. by earning 10 points a person will still receive a week of starter status in an upcoming week once we have the full rewards system built. In the meantime, we will track all contest offers for rewards status manually in our backend).

A. Reward points:

Earning Points -For every dollar spent in the PanoPick Marketplace, a person earns 5 Pano Points.

Rookie Status -New members are automatically granted rookie status upon joining the site.

Starter Status -By earning 10 points, a person earns stater status for the next 7 days in which those points were earned. With this status, a person receives a 1% discount on purchased picks or packages.

Captain -By earning 100 points, a person earns captain status for the next 7 days in which those points are earned. With this status, a person receives a 2% discount on purchased picks or packages.

MVP -By earning 500 points, a person earns MVP status for the next 7 days in which those points have been earned. With this status, a person receives a 5% discount on purchased picks or packages.

Hall of Fame - By earning 2500 points, a person earns Hall of Fame status for the next 14 days in which those points have been earned. With this status, a person receives a 10% discount on purchased picks or packages.

IV. PanoPick Contests Overview

At PanoPick’s sole discretion, PanoPick can invite our loyal members to enter a particular skill-based sports prediction contest at any time to thank them for their loyalty based on their tier status. However, PanoPick is under no obligation to provide these contests whatsoever and can choose to discontinue them or not to run them for any reason as these contest require no consideration to enter and are gratuitous, promotional, and part of PanoPicks efforts to promote the marketplace, which is the core of PanoPick’s business. All contests are and always will be free to play in, and all non members and members of lower tier status will always have an alternative means of entry into every contest. PanoPick may publicize these contests by any means (on social media, in the apps, by email, etc), but is not required to do so. These contests will have prizes for winners, including but not limited to pick discounts, free picks, and cash rewards. At no time can a person gain an advantage over another in a particular contest by spending more in the marketplace. These contests will always be skills based, as participants will have to depend on their skill in sports knowledge and analysis to have a realistic chance of winning.

V. PanoPick Contests Official Rules

By entering any free, skill-based, sports prediction contest, you agree to these official rules, so please read them carefully before entering. Without limitation, your agreement includes indemnities for you and a limitation of your rights and remedies.

Other specific rules for contests may be listed on PanoPicks apps contest page, and those are equally binding, although ultimately the rules listed here in this official rules section will govern in the case of any rules conflicts.

A. Sponsor - The sponsor of the Contests is PanoPick, a division of ThoughtFull Enterprises, Inc, located at ThoughtFull Enterprises, Inc. Brian Wood 344 Grove St Unit #867 Jersey City, NJ 07302 (hereinafter in these rules “Sponsor”).

B. No purchase necessary - There is no purchase necessary to enter any of Sponsor’s contests. As stated above, at no time can a person gain an advantage over another in a particular contest by spending more in the marketplace. Purchases in our marketplace will not improve your chance of winning a contest. While all our contests honor the loyalty of a certain membership tier and serve to advertise the benefit of certain rewards, these contests are equally open to anyone regardless of if they are a member or non member of any of Sponsor’s apps (native apps or web app).

C. Void where prohibited - There may be American states, or countries around the world where one of our contests or all of our contests are not permitted to run. Our contests are void in these areas where they are prohibited, and anyone attempting to participate in our contests from one of these areas will not be allowed to do so and disqualified.

D. Start/End Dates - Contests’ beginning and end dates will be identified in Sponsor’s web app’s contest page, and that will be the official record for the dates of each contest. Sponsor may run concurrent contests, and those dates of the concurrent contests will be specified.

E. Eligibility Excepting those in areas mentioned above where contest is prohibited and thus void, this contest is open to anyone who has attained the age of (18) years of age as of the date the contest starts. Anyone under this age is ineligible to win listed prizes and will be disqualified from doing so, so no one under this age should enter. Employees of the Sponsor, and their respective parents, subsidiaries, divisions, affiliates, suppliers, distributors and advertising, promotional and judging agencies, including the administrator of this Contest if any, and the immediate family members (spouses, parents, children and siblings and their spouses) and household members of each (whether related or not), are not eligible to participate or win.

F. Limitation of Liability; Disclaimer of Warranties. By participating, entrants and winners agree to release and hold harmless, Sponsor, and their respective advertising and promotion agencies and their respective, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors (collectively, “Released Entities”), from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation. In no event will the released entities 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/the contest in any form. Without limiting the foregoing, this contest and all prizes 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 exclusions of liability for incidental or consequential damages 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 regarding these limitations and exclusions.

G. Force Majeure Event. In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding prizes or continuing with the contest as contemplated herein by any event beyond their control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, or terminate the contest. If the contest is terminated before the designated end date, Sponsor will (if possible) provide a skill-based sports prediction way for any participants who submitted eligible, non-suspect entries received as of the date of the event giving rise to the termination, to participate in a future contest of equal or greater value. Inclusion in such a contest shall be each entrant’s sole and exclusive remedy under such circumstances. Only the type and quantity of prizes described in these Official Rules will be awarded.

H. Additional Conditions. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this contest should (in its sole discretion) virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the contest. In such a case, Sponsor will provide a skill-based sports prediction way for any participants who submitted eligible, non-suspect entries received as of the date of the event giving rise to the termination, to participate in a future contest of equal or greater value. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the contest or website. Sponsor may prohibit an entrant from participating in the contest or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the contest by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives.

Participation in contest and acceptance of prize constitutes each winner’s permission for Sponsor to use his/her name, likeness, and/or any statements made by each winner regarding the contest or Sponsor for advertising and promotional purposes without notice or additional compensation, except where prohibited by law.

I. Severability. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these 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.

J. Disputes; Governing Law. 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 the American Arbitration Association. 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 State of New York, City of New York.

In case of dispute as to the identity of any entrant, entry will be declared made by the authorized account holder of the email address or social media account submitted at time of entry. “Authorized Account Holder” is defined as the natural person who is assigned an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational, institution, etc.) responsible for assigning email addresses or the domain associated with the submitted email address. Any potential winner may be requested to provide Sponsor with proof that such winner is the authorized account holder of the email address associated with the winning entry. Any other attempted form of entry is prohibited; no automatic, programmed; robotic or similar means of entry are permitted. Sponsor, its affiliates, partners and promotion and advertising agencies are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, website, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter the contest, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this contest or downloading any materials in this contest.

These official rules and the interpretation of its terms shall be governed and construed in accordance with the laws of the state of New York, without regard to its conflicts of law 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 state and federal courts located in or closest to the County of New York in the State of New York. The parties agree not to raise the defense of forum non conveniens. By entering the contest, an entrant also agrees not to bring any class action lawsuit against Sponsor.

Class Action Waiver - The paries waive any right to assert any claims against the other party as a representative of or member in any class or representative action, except where such waiver is prohibited by law or deemed by a court of law to be against public policy. To the extent either party is permitted by law or by a court of law to proceed with a class or represetative action against the other, the parties agree that: (a) the prevailing party shall not be entitled to recover attorney’s fees or costs associated with pursuing such action (notwithstanding any other provision in this agreement), and (b) the party who initiates or participates as a member of a class will not submit a claim or otherwise participate in any recovery secured through such action.

K. Use of Data. Any personal data Sponsor collects online will be done in accordance with its privacy policy. Please review the Sponsor’s privacy policy at https://panodime.com/privacy. By participating in the contest, entrants hereby agree to Sponsor’s any collection and usage of their personal information as listed in these rules and this policy, and acknowledge that they have read and accepted Sponsor’s privacy policy.

L. How to Enter. There are multiple ways to enter, and there is no purchase necessary to enter the contest. Each person will be limited to 1 entry for each contest and purchases to not improve someone’s chances of winning a contest. All entries become the sole and exclusive property of the Sponsor.

1. Invitation to members - each contest will be given in part to honor our members of a certain status in the marketplace. For example, we may hold a “Captain Member Contest.” In this case, everyone who has achieved Captain tier status or above (which includes MVP and HOF Status in this case), will receive an invitation for 1 entry into the contest. Any member will receive an invitation who holds the appropriate member status when the contest is announced, as will any member who attains the appropriate status anytime up until the morning of the contest (prior to 11:59am EST). Of course, no member is obligated to enter these free contests, but these invitations cannot be transferred and will be counted as automatically accepted unless declined.

2. Open entry giveaway invitations - for each contest, Sponsor will send a number of invitations to enter to people who join the giveaway email list named for the contest. For example, if it is a “Captain Member Contest,” there will be an email list on Sponsor’s free apps (both native apps and website/webapp) that says “Captain Member Contest Giveaway Email List.” Any person, with no purchase necessary, can add their name to this email list (this email must be the same email they used to register for their PanoPick’s account), and the number of invitations extended to people on this email list will give members and nonmembers alike a chance to win. Invitations will be sent out by email initially the day before the contest begins, to give invitees ample time to join. A second batch of invitations will be sent out at 11:59am on the day of the contest to account for any last member invitations extended. Of course, no person is obligated to enter these free contests even after receiving an invitation, but these invitations cannot be transferred and will be counted as automatically accepted unless declined.

3. Receive an invitation after entering by mail. Anyone can receive free entry to one of our contests by sending a postcard or piece of white paper (Invitation Request Card) to us. This card/paper must measure 4” X 6”, be unfolded, blank, and unlined, and placed inside a stamped #10 envelope address in handwriting to the following address: ThoughtFull Enterprises, Inc. Brian Wood 344 Grove St Unit #867 Jersey City, NJ 07302

Participants must:

• a. handwrite their return address on the front of the envelope and the words: “Contest invitation”; and
• b. handwrite all of the following on only one side of the Request Card inserted inside the envelope:
• i. their full name as shown on their government issued identification;
• ii. the email address registered to their PanoPick account (or if they have no account registered, the username they would like to use for their account);
• iii. the return residential address registered to their PanoPick account (or the address they would like to register if they don’t yet have an account); and
• iv. the following statement: “I wish to participate in the current promotional contest PanoPick is offering (as long as the contest hasn’t already started), or the next contest PanoPick runs, and to receive 1 free invitation for that contest. By submitting this request, I hereby declare that I have read, understood and agree to be bound by PanoPick’s Terms and Conditions and all other policies, including the official contest rules.”

-There is a limit of one Invitation Request Card per outer envelope. For each Invitation Request Card a person submits in accordance with the above requirements, the person will receive 1 entry in the current promotional contest PanoPick is offering (as long as the contest hasn’t already started), or 1 entry into the next contest PanoPick runs. The invitation will be sent over email to the email address the person has provided, or if person does not have an email, they will be given an opportunity to enter by phone as outlined below. Of course, no person is obligated to enter these free contests even after receiving an invitation, but these invitations cannot be transferred and will be counted as automatically accepted unless declined.

NOTE: A person must ensure that their handwriting is legible. If the person’s handwriting is not legible, the entry will be void and the invitation will not be extended to the person’s email address. The legibility of a Participant’s handwriting will be determined by Sponsor in its sole discretion. Requests made by any other individual or any entity (including but not limited to commercial contest subscription notification and/or entering services) will be declared invalid and an invitation will not be credited to the person’s account. Any person attempting to submit multiple requests by this ame method under the accounts of multiple individuals or multiple accounts of their own will be disqualified from the contest. Tampering with the entry process or the operation of the contest, including but not limited to the use of any device to unfairly automate the entry process, is prohibited and any requests/entries deemed by Sponsor in its sole discretion, to have been submitted in this manner will be void. In the event a dispute regarding the identity of the individual who actually submitted a request or whether a request satisfies the requirements set out above cannot be resolved to Sponsor satisfaction, the affected request/entry will be deemed void.

-A person is also able to enter their picks by phone when they enter by mail. When a person submits an invitation by mail, they are able to write their desired username. In choosing this option, PanoPick will give them a phone number hotline to call to input picks. This hotline will be open Monday-Friday 11am-7pm, Saturday 12pm-3pm, and Sunday 12pm-3pm (all times EST). This way, any person, even someone without internet access, can enter the contest. When a person calls the hotline to input picks, a PanoPick representative will document and input the picks as soon as possible.

M. How to Play: During the Contest Period, provided you have not declined the official invitation you received by email, you are in the contest. This means any picks you post to the native apps or web apps under your account (which must be the account you entered the contest with, and you must not have entered under invitations to multiple accounts), will automatically be counted and graded for contest purposes as long as those picks are for events and games that fall in the contest period. Grading means marking the prediction as a win or a loss, and calculating the units a person gained or losses based on the odds associated with a pick. The contest winners are determined by rank/position on the leaderboard, which is determined by order of net units gained on games or events that occurred during the contest period. The winner will be the person who gains the most net units with their sport predictions for games or events that occur during the contest period.

The official contest leaderboards can always be found at panopick.com/contests. Given that PanoPick contests can be played on our native apps or our web applications, and based on the feedback of our customers, and in order to ensure there is no confusion and only 1 leaderboard of record for our free contests, contest leaderboards will only be available to view at panopick.com/contests

O. Prizes. Prizes will be awarded only if the potential prize winner fully complies with these Official Rules. All portions of the prize are non-assignable and non-transferable. Actual prizes for the contest are the ones clearly offered in the official rules for the contest listed on PanoPick’s web app at panopick.com/contest. Prizes pictured in any advertising and other contest materials can be for illustrative purposes only. All details and other restrictions of the prize not specified in these Official Rules will be determined by Sponsor in its sole discretion. No cash alternative or substitution of the prize will be allowed if prizes are not cash prizes, except Sponsor reserves the right in its sole discretion to substitute a prize of comparable value if any price listed is unavailable, in whole or in part, for any reason. All federal, state and local taxes are the sole responsibility of the winners.

Delivery of prizes requires members providing a valid payment address.

P. Winner Selection. Winners will be based on the contest leaderboard for that particular contest. Prizes will be awarded by rank on the leaderboard, and Sponsor will work to make clear which ranks will receive prizes in a given contest. Odds of winning depends on the skills of members in the contest, the number of members in the contest, and the outcomes of the sports events and games Sponsor lists during the contest period.

In the event of a tie between any participants for any leaderboard prize levels, PanoPick will extend the competition for another day for tied participants. The day extensions will continue until one of the tied participants gains more units than another in the extra day of competition. If no participant gains more units than the other within 3 extra day extensions, then those two participants will be deemed to have tied, and will split the value of the prize.

Q. Notification. Winners will be notified via the PanoPick apps, social media, email, or other means. If any winner cannot be contacted within five 5 calendar days of first notification attempt, if any prize or prize notification is returned as undeliverable, if any winner rejects his/her prize or in the event of noncompliance with these contest rules and requirements, such prize will be forfeited and an alternate winner will be selected from all remaining eligible entries. Upon prize forfeiture, no compensation will be given. Limit one prize per person or household in a given contest.

R. Winners List. To obtain a copy of any legally-required winners list, send a self-addressed stamped envelope to: “contest Winners List”, to ThoughtFull Enterprises, Inc. Brian Wood 344 Grove St Unit #867 Jersey City, NJ 07302. Vermont residents may omit return postage.