Legal Stuff - Terms of Service

PowerPick, Inc. (“PowerPick”) is a provider of lottery services to persons who wish to play any of the following lottery games offered by the Arizona Lottery: Powerball®, Mega Millions®, The Pick®™, Fantasy 5™ and Pick 3™. The trademarks are property of the Arizona Lottery or used under license by the Lottery. PowerPick offers two services - a Pooling Service and a Subscription Service both of which operate independently from the Arizona Lottery and makes no claim of any state endorsement or affiliation. Orders cannot be placed through the website www.powerpick.com, which is for information only. All orders must be placed by phone, mail, in person, or through www.ezpooling.com. Players must be 21 years of age and have an Arizona mailing address.

Pooling Service

PowerPick acts as an agent for persons who wish to share ownership of Arizona Lottery tickets (e.g., The Pick, Powerball, etc.) with other persons by pooling their money and sharing the ticket ownership and any winnings. Because PowerPick creates many pools, not all players will share in all winnings. No matter how many tickets a person is sharing, there are probably other tickets in the same game that the person is not sharing in.

As an agent for each person, PowerPick provides the following services: PowerPick locates other persons wishing to pool their money, collects their money, selects the number sets to be purchased for each lottery ticket, assigns each person to the tickets that will be purchased on behalf of them and the other persons with whom they will be sharing ownership, delivers their funds to the lottery retailer, purchases the tickets from the lottery retailer on behalf of the persons who will be sharing the tickets, provides each person with a listing of all ticket numbers for all the tickets by draw date that they will be sharing with other persons. In addition, PowerPick checks each ticket for winnings after every drawing, maintains ownership records for each person, provides each person with a summary of their winnings, and oversees the collection and distribution of all winnings. The cost of these and other services as well as the cost of the tickets is included in the price of each PowerPick selection. All jackpot winnings will be claimed with the lump sum cash payment option unless that option is not available or if each person is able to decide whether or not to claim cash or annuity.

PowerPick creates various lottery pools, some of which are given names for marketing purposes such as FastTrack, Last Minute Blast, 5 Pool Value Pack etc. Other selections have no names. PowerPick uses common phrases such as “Group Size 200”, “Group Size 100”, “Group Size 50”, “Group Size 25”, “Group Size 20” “Group Size 10” or the term used may be "pool size" instead of "group size" etc. In every such simplified phrase, the person would own 1/200th, 1/100th, 1/50th, 1/25th, 1/20th or 1/10th of the pool of tickets, and they would receive 1/200th, 1/100th, 1/50th, 1/25th, 1/20th or 1/10th of the winnings. There are many instances that pools of tickets are less than 100% full. In that case PowerPick will own the remaining percent. ALL pools are subject to availability as determined by PowerPick.

The price of every offer represents a single share in the pool. A person can purchase multiple shares, but the default is always a single share. For example, a person can purchase two shares in a group size of 25, in which case the person would increase their proportionate share of the winnings to 2/25ths. The cost for multiple shares is the cost of a single share multiplied by the number of shares.

All the tickets that a person owns jointly with others, along with the draw dates and Group Size are listed on their "Pool Numbers" screen that is accessed under "Orders and Results" or "View Orders & Results." That screen and the buttons to reach that screen will be available once the person logs in under www.ezpooling.com. Each member can also click on "Email Cert." which is a link on that screen to send themselves a copy of the ticket numbers. For some special pools, a "Confirmation Certificate" may also be mailed to the member via U.S. mail. There are no other tickets that the member shares in.

Participant's Sharing Agreement - This Pooling Participant’s Sharing Agreement is hereby included as part of the Terms of Service of using PowerPick’s services, and includes the following two paragraphs on "Cash-paying participants" and "Bankcard paying participants". The purpose of this sharing agreement is to comply with the rules and regulations concerning the restriction that bankcards cannot be used for the purchase of lottery tickets. This agreement provides for the legal separation of funds so that PowerPick can continue to provide its customers with all of the services and benefits they have been accustomed to receiving since 1995. Under this agreement, debit and credit cards will be used to pay for the management service, while cash/checks will be used to pay for the tickets.

Cash-paying participants (cash, paper check, electronic check, money order, winnings, etc.) agree that any lottery tickets purchased as a result of funds they have provided can be included in any pools to be shared by those who make up that pool. The sharing of those tickets includes other Cash-paying participants whose funds are also used to pay for lottery tickets, and Bankcard paying participants because the Bankcard paying participant’s funds are being used to help pay for PowerPick’s services as described under the Terms of Service stated herein, which benefit the Cash-paying participants.

Bankcard paying participants (debit or credit cards) agree that their funds will not be used to purchase any lottery tickets, and should only be used to help pay for PowerPick’s services as described under the Terms of Service stated herein. In return for paying for these services, the bankcard paying participants shall share in the pooled tickets that they have subscribed to, and which have been paid for with funds provided by the Cash-paying participants.

Compliance with Visa and Mastercard Rules - No funds from credit or debit card payments are used to purchase lottery tickets. Funds from bankcards will only be used to pay for accounting, reporting and administrative services. All lottery tickets will only be purchased with money deposited via cash, money orders, traditional checks, and electronic check. PowerPick agrees that the funds from bankcards will be deposited in a separate bank account from the cash/check deposits account so that there is no comingling of funds. Payments for the purchase of all lottery tickets will be paid out of the cash/check deposit account only. Excess funds from the cash/check deposits account will be paid to PowerPick’s corporate account to help pay for overhead.

Delivery Method and Times - In most cases, pooled tickets are posted to www.ezpoooling.com within a minute from when the member places their order. If the order was placed through the PowerPick office, the ticket numbers will be available for viewing within 24 hours from when the order is entered, and always before the drawing takes place. A Confirmation Certificate is also mailed by U.S. mail within 24 hours that the order is placed for four week or longer plays unless the member has requested no mail.

Arizona and Federal Legal Requirements - Arizona law currently prohibits ticket purchases by persons under the age of 21. Federal law requires Arizona addresses for all mailings. (Members do not have to be Arizona residents but they must have an Arizona mailing address.)

Player Balances - Members have up to one year, after their last play, to use or claim the balance in their account and claims can be made over the telephone, U.S. mail, or by email. A check will be issued within 5 business days. Balances not claimed after one year from their last play may revert to PowerPick at PowerPick's discretion. No check will be issued for any amount under $3. For any amount under $3, free pooled plays will be issued in the game requested by the member.

Returned Payment by Financial Institution - If a person’s payment for a PowerPick selection is returned or rejected by the bank, all claims to any ticket ownership and winnings WILL BE FORFEITED and a $15 charge will be assessed. All costs and or charges associated with a Chargeback will be assessed to the member. PAYMENTS WILL NOT BE RESUBMITTED AND TICKET OWNERSHIP CANNOT BE RECLAIMED. If time and/or workload permits, PowerPick will attempt to contact the person whose payment was returned or rejected to see if they want to re-order a new play, however, under no circumstances will PowerPick be responsible for a person missing any lottery drawings because of a returned or rejected payment. It is up to each person to make sure that they have the funds available and that PowerPick has the correct account number, expiration date, or any other pertinent information.

PowerPick Liability - If a person’s payment was valid, but due to an unforeseen event, PowerPick does not purchase lottery tickets for a particular drawing, PowerPick will have the option of providing a proportionate credit or refund, provide additional chances, i.e., an additional night of drawings, or make a substitution with chances from another lottery game. Such events might include, but are not limited to the following: The lottery machines are not functioning properly, the Arizona Lottery has modified or eliminated a game that directly affects the person’s selection, or some other error or omission on the part of the Lottery or PowerPick occurs which results in PowerPick not purchasing lottery tickets for a particular drawing, or an error or omission on the part of PowerPick not completing the person's order as requested. PowerPick’s liability as a result of any error, omission, act, or negligence relating in any way to its service shall be limited to the cost of the person’s selection ordered.

Refund Policy - At any time, a member may request to cancel their pooling club selection. The refund amount will be equal to the unused portion of their selection less a $7 or 8% cancellation fee, whichever is greater. The request can be made by returning the certificate by US mail with the word "Cancel" dated and signed, or in person, or the request can be made by sending an email, but for a cancellation by email there must be a return email or email acknowledgement from PowerPick to complete the request. If PowerPick has to close its operations for reasons beyond its control, the prorata unused portion of active orders will be credited to each member's account, and a refund will be made to each of those members less a $7 fee for processing (labor, postage, envelopes, bank charges, checks, etc.). The processing fee will also apply to refunds of balances in inactive accounts.

Privacy Policy - PowerPick has a strict policy of guarding its members' privacy. With only one exception, as noted below in this paragraph, no information is shared with anyone except the Arizona Lottery when large prizes are to be paid out by the Arizona Lottery, or as required by law. The only exception is that your ID number, but not your name, will be shown alongside any Referral Bonus received by the member who referred you.

Subscription Service

PowerPick acts as an agent for persons who wish to have PowerPick purchase tickets on their behalf and to provide all the other administrative services noted above under “Pooling Service” that would also apply to single ownership. Privacy Policy, Refund Policy, and Delivery Method and Times are also the same as stated above.

Unlike the Pooling Service where the ticket ownership and winnings are shared, the tickets purchased under this service and the winnings are owned 100% by the person subscribing to this service. The fee for this service is based on the order. Subscription Services do not include any of the bonuses that are offered to the persons who subscribe to the Pooling Service such as Free Scratcher Tickets. The Subscription Service does, however, allow the person to choose their own numbers, which is a service not currently provided under the Pooling Service. PowerPick’s liability for these services remain the same as noted above.

Prices, selections, bonuses, and any and all Terms of Service of the Pooling and Subscription services are subject to change. All changes will be updated and maintained at www.powerpick.com and www.ezpooling.com. The invalidity or unenforceability of any portion of this agency relationship agreement shall not affect the validity or enforceability of any other portion of this agreement, each of which shall remain in full force and effect.

Dispute Resolution via Arbitration, and Indemnity

1. Time Limit for Bringing Claims. You agree that any claim or cause of action arising out of or related to the terms of services provided by PowerPick, Inc. must be submitted within one (1) year or such claim shall be forever barred. That one-year statute of limitations shall begin to run on the date of the alleged event giving rise to the claim or cause of action, unless otherwise provided under applicable law.
2. Let's Try to Work Things Out. We want to address your concerns without litigation. Before filing a claim against PowerPick, Inc., you agree to try to resolve the dispute informally by contacting [email protected]. Within 4 business days of receiving your email, PowerPick, Inc. will reply to your email with a confirmation email. We will try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 45 days of submission, you or PowerPick, Inc. may bring a formal arbitration proceeding as described below.
3. We Both Agree to Arbitrate. You and PowerPick, Inc. agree to resolve through final and binding arbitration any claims relating to these Terms of Service, except as set forth under Exceptions to Agreement to Arbitrate below. The arbitration shall be held in Phoenix, Arizona. For players who may be located outside the United States, arbitration shall be initiated in Phoenix, Arizona, and you and PowerPick, Inc. agree to submit to the personal jurisdiction of any Arizona court or federal court in Arizona to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the aware entered by the arbitrators.
4. Arbitration Procedures. The arbitration shall be conducted by a three arbitrators, governed under the Arizona Revised Uniform Arbitration Act by the American Arbitration Association, Phoenix, AZ chapter (“AAA”). We may also mutually agree to have the arbitration conducted by telephone or based on written submissions. Each party shall appoint one arbitrator. The two arbitrators will then appoint one arbitrator, who will act as the presiding arbitrator.
5. Arbitration and Attorney's Fees. PowerPick, Inc. will pay for its share of the costs and expenses and you shall pay for your share of the costs and expenses including, but not limited to attorney's fees and expert witness costs unless PowerPick, Inc. is otherwise specifically required to pay such fees under applicable law. The decision of the arbitrators will be in writing and binding and conclusive on PowerPick, Inc. and you, and judgment to enforce the decision may be entered by any court of competent jurisdiction. PowerPick, Inc. and you agree that dispositive motions, including without limitation, motions to dismiss and motions for summary judgment, will be allowed in the arbitration. The arbitrators must follow these Terms of Service and can award the same damages and relief as a court, including injunctive or other equitable relief and attorneys' fees. Notwithstanding the foregoing, PowerPick, Inc. and you agree not to seek any attorneys' fees and expert witness costs unless the arbitrators finds that a claim or defense was frivolous or asserted for an improper purpose. PowerPick, Inc. and you understand that, absent this mandatory arbitration provision, PowerPick, Inc. and you would have the right to sue in court and have a jury trial. PowerPick, Inc. and you further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. If PowerPick, Inc. is the prevailing party in the arbitration, applicable law may allow the arbitrators to award attorneys' fees and costs to PowerPick, Inc.
6. Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and PowerPick, Inc. agree that in the event that there are twenty-five (25) or more individual claims of a substantially similar nature filed against PowerPick, Inc. by or with the assistance of the same law firm, group of law firms, or organizations, within a ninety (90) day period (or as soon as possible thereafter), The AAA shall (1) administer the arbitration demands in batches of 100 claims per batch (or, if between twenty-five (25) and ninety-nine (99) individual claims are filed, a single batch of all those claims, and, to the extent there are less than 100 claims remaining after the batching described above, a final batch consisting of the remaining claims); (2) appoint two arbitrators for each batch, who will, in turn, appoint a presiding arbitrator; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrators, and one final award (“Batch Arbitration”). All parties agree that claims are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise AAA, and AAA shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be split by PowerPick, Inc. and you. You and PowerPick, Inc. agree to cooperate in good faith with AAA to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of claims, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings. This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, except as expressly set forth in this provision.
7. Severability; Waiver of Jury Trial. If any clause within these arbitration provisions is found to be illegal or unenforceable, that specific clause will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect. In the event some or all of these arbitration provisions are determined to be unenforceable for any reason, or if a claim, dispute or controversy is brought that is found by a court to be excluded from the scope of these arbitration provisions, PowerPick, Inc. and you agree to waive, to the fullest extent allowed by law, any trial by jury. The terms of these arbitration provisions will also apply to any claims asserted by you against any present or future parent or affiliated company of PowerPick, Inc. to the extent that any such claims arise out of your access to, and/or use of the PowerPick, Inc.’s services and/or websites – powerpick.com or ezpooling.com, and/or the provision of said services and/or technology on or through the same services and/or websites.
8. Exceptions to Agreement to Arbitrate. Either you or PowerPick, Inc. may assert claims, if they qualify, in small claims court in Phoenix, Arizona, provided the informal dispute resolution described above was unsuccessful. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
9. No Class Actions. You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. You agree that class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
10. BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST POWERPICK, INC. AND ANY RELEASED PARTIES IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
11. Judicial forum for disputes. In the event that the agreement to arbitrate is found not to apply to you or your claim, you and PowerPick, Inc. agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Phoenix, Arizona. Both you and PowerPick, Inc. consent to venue and personal jurisdiction there.
12. Choice of Law. You agree that the arbitration provision is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act ("FAA"), and not by any state law concerning arbitration. You otherwise agree that the law of the state of Arizona governs these Terms of Service and any claim or dispute that you may have against us, without regard to Arizona’s conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.
13. Indemnification. You agree to defend, indemnify and hold harmless PowerPick, Inc. from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the PowerPick, Inc.’s websites, including, but not limited to, any use of the websites content and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the websites. If you are obligated to provide indemnification hereunder, PowerPick, Inc. may, in its sole and absolute discretion, control the disposition of any claim at your sole cost and expense. Without limitation of the foregoing, you will not settle, compromise or in any other manner dispose of any claim without PowerPick, Inc.’s written consent. If you are obligated to provide indemnification hereunder, the PowerPick, Inc. may withhold any payment it is otherwise required to make to you to offset your indemnity obligations.

Last Updated: 3/20/2024