Overview
The Overtake platform (“Platform”) allows users (“Participant(s)” or “User(s)”) to create peer-to-peer pick’em Contests (“Contests”), in which Participants create a roster of 2-6 athletes and utilize their knowledge and skill to predict whether each athlete will go higher or lower than a specific benchmark statistic. Participants are entered into a tournament where they compete against other Participants based on their predictions. The Platform offers Contests involving fantasy football, hockey, baseball, basketball, golf, eSports, MMA, boxing, soccer, and tennis, and other sports authorized by law.
Participants in a Contest select between 2 and 6 athletes for their roster. The Contests all require Participants to select at least two athletes from at least two different real-world teams. Accordingly, the Platform does not allow the creation of a roster based entirely on one team or one player.
All Contest prizes are fixed at the beginning of each Contest and displayed to Participants in advance. Upon submission of a roster, Participants are entered into a tournament (typically 100 or 500 Participants, but the actual number may vary). When a Participant correctly makes a prediction, the Participant is awarded fantasy points corresponding to the number and difficulty of their correct predictions. Some predictions identified by the Platform as having a greater degree of difficulty earn the Participant more fantasy points, adding to the degree of complexity, strategy and skill necessary to win. A Participant who receives more fantasy points will prevail over another Participant that receives fewer fantasy points. If there is a tie, all entries with the same fantasy points share together as a tie pro rata. A Contest may permit “insurance” on entry fee payments, in which an incorrect prediction in a roster may still result in a prize.
Contests are only available to Participants who are located in certain jurisdictions at the time and place of Contest entry. The Platform utilizes geolocation software to determine whether the Participant is eligible to enter a Contest. If Overtake is unable to confirm that a Participant is located within an approved jurisdiction, Contests will not be enabled or available.
The Contests are available through a web-based Platform at overtake.app, as well as via mobile applications available on the Google Play and Apple App Store.
Apple and Google are not sponsors of, responsible for conducting, or involved with the Contests in any manner.
Social Features
One notable feature of the Platform is that Participants may, after submitting a valid Contest entry, elect to open a chat room where other Participants can join. The purpose of this feature is to generally promote camaraderie among the Participants. Participants may also elect to submit an identical Contest entry or they may join without making an entry. The chat room provides Participants the opportunity to socialize and discuss the athletic events involved on their entry as they occur in real time. This feature does not alter or amend the Contest format in any capacity.
Available Stats
Available picks will be set forth on the Platform and may include any measurable statistic. Depending on the sport, common stats include shots, points, receiving yards, assists, rebounds, and hits. For each athlete selected, Participants choose their preferred statistical metric and predict whether the athlete will go higher or lower than a specific benchmark for that statistic.
Winnings, Payouts & Withdrawals
Prizes and awards offered for each Contest (“Prize(s)”) will be established, published, and made available to Participants with the creation of a new Contest (“Contest Prize Tables”). Contest Prize Tables are published prior to Overtake opening the Contest to User entries. Overtake will make all reasonable efforts to ensure that all Prizes are awarded and deposited within a reasonable timeframe following the conclusion of each Contest, subject to verification.
Overtake may, in its sole and absolute discretion, require the User to execute a separate release of claims as a condition of being awarded any Prize, receiving any payout, or continuing to use the Overtake Platform.
No substitution or transfer of Prizes is permitted except at our sole discretion. All Prizes are awarded as is and without warranty of any kind, express or implied (including, without limitation, the implied warranty of merchantability or fitness for a particular purpose) by us. If a legal authority challenges the award and/or your receipt of a Prize, Overtake reserves the right in its sole discretion to revoke, cancel, suspend, substitute, or modify the award of such Prize. In all disputes arising out of the determination of the winner of a Contest, Overtake is the sole and final authority as to all determinations and adjudications of the results and/or winners of a Contest, and its actions are final and binding.
If we, in our sole and absolute discretion, determine that you did not comply with and or adhere to the Terms of Use or Contest rules, in any way, we may disqualify you from any Contest entered, in which case any Prizes awarded to you as a result of said Contest will be immediately forfeited. You agree to cooperate with our efforts to reverse payments.
All monetary winnings will be deposited directly into your Overtake account (“User Account”). These funds belong to you, subject to review for verification, evidence of fraud, or other prohibited conduct, and Overtake may not use these funds to cover its operating expenses or for other purposes. You may withdraw winnings from your User Account. To request a withdrawal users will navigate to the withdrawal page on the settings tab in the app. Upon selecting the amount for withdrawal and submitting, the request will be processed (often taking up to five (5) business days) and then approved.
Any amounts that are mistakenly credited as winnings to your User Account remain our property and will automatically be transferred from your User Account upon confirmation of the error. Any amounts mistakenly credited to your User Account that have been withdrawn by you before confirmation of the error will constitute a debt owed by you. You grant Overtake the right to request that your bank freeze, seize, and/or reverse any funds that were derived from amounts awarded in error by Overtake.
Contest Cancellations
Overtake reserves the right to cancel Contests, at our sole discretion, without any restrictions. If you have paid an entry fee for a Contest, and Overtake cancels the Contest, we will credit your User Account balance with the entry fee amount.
Scoring & Third-Party Information Providers
Overtake uses official league statistics provided by reputable, third-party partners and only includes statistics from sporting events to which the relevant league deems to be official.
Overtake takes every effort to ensure that accurate, up-to-date scoring is applied across all Contests. We endeavor to promptly settle Contests and distribute Prizes. Official scores and results will be posted at the conclusion of the sporting event or competition once it has been declared official and all official statistics are posted.
However, Overtake does not guarantee the accuracy of any scoring or stat corrections. Normally, any scoring changes or stat corrections provided by our partners after a Contest has ended or after Overtake has settled the Contest will not impact the Contest results. However, we reserve the right, in our sole discretion, to revise scores after they are released in the unlikely event of potential scoring error. In those circumstances, the Contest results may be altered, and payments may be reversed and redone, based on the correction.
If a league declares a game "postponed" or "suspended," the statistics generated in the sporting event before that point will count toward the Contest. Any statistics generated when the sporting event takes place or resumes will count only if it occurs before the relevant Contest period closes.
To the extent that Overtake, or a third party provider, offers 'live' statistics before or during gameplay and/or Contest roster selection, all 'live' statistics, scoring, and other information provided through the Platform or related information sources are unofficial. At times, you may not be able to see or access the most up-to-date information or 'live scoring' for the relevant sporting event or match. Updates of displayed information may put a User at a disadvantage to other Users who have access to more updated information. Furthermore, there may be delays incorporated into the registered time of in-play statistics to prevent manipulation of rosters and cancellations. Regardless of the reason for the delay in information, Overtake shall not be liable for any such delay in provision of information or 'live scoring.'
Overtake may also offer historical statistics for information purposes during a User's selection of a Contest roster. Overtake is reliant upon third-party operators for this historical information. Offerings of historical statistics may contain errors or omissions due to any of a number of factors out of Overtake’s control, and we encourage Users to do their own research before assembling a roster to enter into a Contest. Regardless of the reason for errors or omissions in historical statistics, Overtake shall not be liable for a User's reliance on historical statistics.
'Live scoring,' information, statistics, and their respective components are offered for informational and/or entertainment purposes only and are not used to determine the results of Contests. Neither Overtake nor its third-party providers warrant or make any representations of any kind with respect to the information provided through the Platform or related information sources. Overtake and its third-party providers shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available via the Platform or related information sources, shall not be responsible or liable for any error or omissions in that information, nor shall Overtake be responsible for any errors or losses you suffer or any other issues that result therefrom.
Ties
If a Contest results in a tie, all Participants with the same fantasy points will share the Prize allocation together pro rata. For example, if two Participants tie for first place, those two Participants will evenly split the combined Prize for first and second place.
Multiple entries
Generally, Participants are only allowed one entry per Contest, unless the Contest expressly permits more than one entry per Participant. In that case, entries may be limited as set forth in the rules of a specific Contest.
Revising or Cancelling Entries
Generally, picks cannot be revised once submitted.
Unless otherwise provided in the rules of a specific Contest, Overtake permits Participants to cancel entries as long as the Contest in which you are seeking to enter has not yet started.
Voided Picks
Overtake reserves the right to void any pick due to a projection error. Generally, any picks placed after the start of a game/event will be graded as a void.
If a voided pick makes a Contest entry invalid, the Contest entry will be considered void, and the entry fee will be refunded.
If a pick is voided but the Contest entry is still valid, the entry will be graded as a win if all other picks win, but the payout may be adjusted for the number of active picks.
Maximum Entries
Overtake may establish a limit to the dollar amount that a User can play on a single player's projections or a single entry. These limits are variable depending on the sport and are subject to change.
Player/Stat availability
Overtake reserves the right to add, edit, or remove projections at any time, for any reason. Higher/lower projections can and will change throughout the week. Once a Participant submits an entry, that is the number at which the Participant’s entry will be graded.
Traded/Inactive Players
If a selected athlete or player becomes traded, injured, retired, suspended, or otherwise inactive prior to a Contest’s listed start time, Overtake will void the entry and refund the entry fee. If a selected athlete or player becomes traded, injured, retired, suspended, or otherwise inactive after a Contest’s listed start time but does not participate for a single minute of play, the entry will be voided regardless of the number of picks in the entry. If the athlete or player participates for at least one minute of play before becoming inactive, the entry will not be voided. These rules apply uniformly across all sports offered on the Platform.
Funding methods
Players may add funds to their accounts via the deposit options available on the Platform, which may include debit cards, credit cards, and other payment methods as supported. Available funding methods may vary by jurisdiction and are subject to change. All deposits are subject to the terms and conditions of the applicable payment processor.
Questions or Complaints
Participants with questions and/or complaints may contact the Overtake Customer Support Team at support@overtake.app. Please see Section 15 of the Terms of Use for additional information regarding Overtake’s Customer Support Team and initial dispute resolution procedure.
Disputes
Section 16 of the Terms of Use (Binding Arbitration and Class Action Waiver) is incorporated herein by reference with the same force and effect as though fully set forth herein. By agreeing to these Contest Rules, you agree to be bound by Section 16 of the Terms.
Self-Exclusion
Overtake provides customers the ability to self-exclude directly from the Platform. If you choose to self-exclude, Overtake cannot change this, and you will immediately be logged out of your User Account upon confirmation. You can learn more about your self-exclusion options at https://overtake.app/responsible-gaming or contact our Customer Support Team at support@overtake.app.