Date of Last Revision: March 17, 2025
Welcome to the Fanstake Rewards Program (the "Rewards Program"). By participating, you agree to the following terms and conditions (the "Terms"). Please read them carefully.
This document describes how the Rewards Program works and is an agreement between you and Fanstake, Inc. ("Fanstake"). You agree that use of the Rewards Program (your "Rewards Account") or any feature of this Rewards Program indicates your acceptance of the terms. Your Rewards Account is subject in all respects to these terms.
We may refer to these terms as they are modified from time to time as the "Terms", "Rewards Program Agreement" or "Rewards Program Terms and Conditions" in communications about the Rewards Program and in supplemental terms, conditions, disclosures, and agreements.
In these Terms, the following words have special meanings:
"Stake" is a service commitment by Fanstake to pursue the recruitment of an athlete you select to join a particular college athletic program for a certain season, with the eventual goal of Fanstake entering into an NIL Contract with the athlete.
"Points" are the rewards you earn under the Rewards Program. Read these Terms for more information on how Points can be earned, redeemed, and lost.
"Misuse" means the improper use of the Rewards Program or your Rewards Account in a manner inconsistent with this Rewards Program Agreement and the Terms. Examples of Misuse include, but are not limited to:
We may make changes to the Rewards Program or the Terms at any time. For some changes we'll give you thirty (30) days' notice (or longer if required by law) as described below. We may temporarily prohibit you from earning Points, using Points you've already earned, or using any features of the Rewards Program.
We may supplement this Rewards Program Agreement with additional terms, conditions, disclosures, and agreements that will be considered part of this Rewards Program Agreement.
To the extent that you have more than one eligible Fanstake Account, each corresponding Rewards Account is eligible to earn Points.
We'll give you thirty (30) days' notice (or longer if required by law) of the following types of changes to the Rewards Program or this Rewards Program Agreement:
We'll send this notice to you in writing, which, at our option, may be delivered to you at any mailing or email address in our records or through our online services, including our Fanstake website or mobile application.
We may also provide you notice of other changes to the Rewards Program or Rewards Program Agreement by posting an updated copy of the Rewards Program Agreement when you log into your Fanstake account.
The Rewards Program is open to registered Fanstake account holders ("Account Holders") who have an active Fanstake account ("Fanstake Account") in good standing. Participation in the Rewards Program is free. All current eligible Account Holders will be automatically enrolled in the Rewards Program as of March 17, 2025. All future Account Holders will be enrolled from the date on which the eligible account is opened, and the Rewards Program will be active within thirty (30) days of the eligible account opening unless we indicate otherwise.
Fanstake employees, affiliates, and their immediate family members are not eligible to participate in the Rewards Program.
Points are earned through eligible activities ("Eligible Activity" or "Eligible Activities") which include:
Purchasing a Stake from Fanstake (additional terms and conditions regarding Stakes are here).
Purchases of Stakes cannot be refunded or canceled (in whole or part). Any Eligible Activity which is reversed due to our determination of the occurrence of fraud may reduce or eliminate your Points already earned. If you've redeemed all accrued Points, it may cause a negative Points balance.
You'll earn 1 point for each dollar spent on purchase of Stakes. You may see "1X" in marketing materials to refer to the 1 point you earn for each dollar spent on the purchase of Stakes.
Points will be earned each calendar month on qualifying Eligible Activities plus any bonus Points posted during that cycle, minus any reversals or cancellations.
Your Fanstake Account must be open when the Points are posted. In most cases, Points will be credited to your Points balance within thirty (30) days of the Eligible Activity.
You'll see Points you've earned on Fanstake.com. We may, from time to time, provide additional ways for you to see Points you've earned, such as through Fanstake or third-party mobile application(s).
If you no longer have a registered Fanstake Account in good standing, your Rewards Program qualification will discontinue. Your Points will be lost immediately without further notice.
We may offer ways for you to earn bonus Points through the program or through special promotions. You'll find out more about the number of bonus Points you can earn, the duration of the offer and expiration date, if any, and any other terms at the time of the offer. The additional terms will be part of this agreement. The natural expiration of a limited time bonus point offer is not a modification to the program that requires notification.
You can use your Points to redeem for any available reward options. Options may include credits for purchase of Stakes, gift cards, and purchase of products or services made available through the program or directly from third parties. We may, from time to time, provide additional ways for you to use your Points in addition to those described in this agreement.
Redemption values for reward options vary. When you use Points to redeem for credits for purchase of Stakes or gift cards, each point is worth $0.01 dollars (one cent), which means that 100 Points equals 1 dollar in redemption value. Redemption values for other reward options may be worth more or less than this.
You are responsible for how Points are used including if you allow authorized users to access your Points. Redemption requests can be made via Fanstake.com. To use your Points, minimum and maximum amounts may apply. We'll let you know about any minimum or maximum amounts, as well as any additional terms and conditions, before you use your Points. Redemption is subject to verification of your Rewards Account status and Point balance. There are no refunds of Points that have been redeemed. Any request to redeem Points must be received on or before any Points expire, access to the Rewards Program is terminated for you, or the Rewards Program ends. Applicable sales/use taxes, fees, surcharges, and shipping and handling charges are your responsibility. We're not responsible for replacing lost, stolen or damaged redemption items, including certificates, tickets or gift cards or for a merchant's failure to honor them.
We may give you opportunities to use your Points for all or part of a payment for the purchase of eligible products or services directly through third-party merchants or service providers.
In order to do so, you must either be automatically enrolled or complete the self-registration process directly with the merchant or service provider. To participate, you may be required to authorize Fanstake to share information about your account with the third party. We'll provide you with additional details as required by law. After you are enrolled, Fanstake will provide the third party with information about your participation in the program, including your program Points balance.
Points will not be used without your permission. You select when and how many Points are used each time you make a purchase with the third party, unless you opt into a default payment feature offered by the third party. In that case, your Points will be applied automatically in accordance with your selected default payment settings.
The redemption value of Points may be worth less when using them directly through third-party merchants or service providers than the redemption value of Points used for reward options offered directly through the program.
We'll deduct the number of Points that you use from your program Points balance. Your Points balance may not reflect pending transactions until the order has shipped.
Returns and point refunds are subject to the policies of the third party.
Any additional terms, conditions, disclosures or agreements provided by us or the third party related to the use of Points will be part of this agreement.
We may temporarily prohibit you from earning Points or using Points you've already earned if your Rewards Account is overdrawn or if we suspect you've engaged in Misuse or fraudulent activity related to your Rewards Account or the Rewards Program. You can begin earning and using Points again after we no longer suspect Misuse or fraud of the Rewards Account or Rewards Program.
Your Points don't expire as long as your Rewards Account is open; however, you'll immediately lose all your Points if your Rewards Account or Fanstake Account status changes, or your Rewards Account or Fanstake Account is closed, including for Misuse or fraud, or any of the following reasons:
We won't reinstate Points you lose, unless we've made an error. If your Rewards Account is closed for any reason, you'll lose your accrued, but unredeemed Points ("Unused Points") unless limited or prohibited by law. In addition, if we're notified of your death, you'll lose your Unused Points unless limited or prohibited by law.
If we decide to cancel the Rewards Program, you'll have at least thirty (30) days from the date we cancel the Rewards Program to use your Points, as long as you don't lose them for any of the reasons described in this Rewards Program Agreement. If you don't use your Points during that time, you'll lose them.
Unless required by law, Points aren't your property. Points have no value until redeemed. You can't transfer or move Points unless expressly provided for in this Rewards Program Agreement. Additionally, Points can't be transferred by operation of law, such as by inheritance, in bankruptcy or in connection with a divorce.
There is no fee to participate in the Rewards Program. Your participation in the Rewards Program may result in miscellaneous income received from Fanstake and we may be required to send you, and file with the IRS, a Form 1099-MISC (Miscellaneous Information) or Form 1042-S (Foreign Person's U.S. Source Income Subject to Withholding) for the year in which you participate and are awarded the benefits of the Rewards Program. You are responsible for any tax liability related to participating in the Rewards Program. Please consult your own tax advisor if you have any questions about your personal tax situation.
We may assign our rights and obligations under this Rewards Program Agreement to a third party, who will then be entitled to any of our rights that we assign to them.
We and our third-party service providers and their respective affiliates, directors, officers, employees, agents or contractors make no representations or warranties, either express or implied, including, those of merchantability, fitness for intended use or a particular purpose and otherwise arising by law, custom, usage, trade practice, course of dealing or course of performance. You release us and our third-party service providers, and their respective affiliates, directors, officers, employees, agents and contractors for all activity in connection with the Rewards Program, including but not limited to, use of the Rewards Program, and any redemption for or purchase of products or services through the Rewards Program.
You agree to indemnify and hold us and our third-party service providers and all of their respective affiliates, directors, officers, employees, agents and contractors harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys' fees) arising from your: use of the Rewards Program, any fraud or Misuse of the Rewards Program, violation of this Rewards Program Agreement and/or violation of any applicable law or the rights of any third party.
The merchants and third-party service providers that participate in the Rewards Program are not affiliated with us and are not sponsors or co-sponsors of the Rewards Program. All participating merchant and third-party service provider names, logos, and marks are used with permission and are the property of their respective owners. Participating merchants and third-party service providers are subject to change without notice.
Participating merchants and third-party service providers are responsible for the quality and performance of any products or services they provide. We are not responsible for any aspects of the products and services provided by participating merchants or third-party service providers.
The Rewards Program is void where prohibited by federal, state, or local law.
This Rewards Program Agreement and use of the Rewards Program is governed by federal law, as well as the law of the State of California, and will apply no matter where you live or use the Rewards Program.
We may enforce the Terms of this Rewards Program Agreement at any time. We may delay enforcement without losing our right to enforce this Rewards Program Agreement at a later time. If any term of this Rewards Program Agreement is found to be unenforceable, we may still enforce the other Terms.
We may send communications about the Rewards Program to you at any mailing or email address in our records or through our online services. Let us know right away about any changes to your contact information by emailing support@fanstake.com.
You agree that we and our third-party service providers may listen to and record telephone calls as part of providing Rewards Program services.
For questions or concerns regarding the Rewards Program, contact support@fanstake.com.