Effective November 3, 2026
FanState Terms of Use
These Terms of Use (“Terms”) constitute a legally binding agreement between you and Kickoff Labs LLC, a Delaware limited liability company doing business as FanState (“FanState,” “we,” “us,” or “our”), concerning your access to and use of FanState, including fanstate.app, FanState websites, applications, Fan Points, InstaPacks, digital pack-opening experiences, promotions, watch-party experiences, rewards, collectibles, and related products and services (collectively, the “Services”).
By accessing or using the Services, creating an account, obtaining or purchasing Fan Points, opening a pack, participating in a promotion, or otherwise using FanState, you agree to these Terms.
If you do not agree, do not use the Services.
01Eligibility
You must be at least 18 years old and legally capable of entering into a binding agreement to use any paid FanState feature.
Certain promotions, products, events, rewards, or activities may have additional age or geographic restrictions.
Alcohol-related rewards are available only to persons who meet the applicable legal drinking age and all requirements imposed by the participating venue and applicable law. FanState does not determine whether alcohol may legally be served to a particular person.
We may request age, identity, location, payment, or other verification at any time.
You represent that you are not located in, and will not use the Services from, a jurisdiction subject to comprehensive United States sanctions, and that you are not on a United States restricted-party list. We may refuse the Services where the law requires it.
02Fan Points
FanState may issue or sell virtual promotional units known as “Fan Points.”
Fan Points are a limited contractual license to access eligible features of the Services.
Fan Points:
The amount paid to acquire Fan Points does not represent the value of any particular collectible, reward, or outcome.
- are not money, cryptocurrency, securities, stored value, or legal tender;
- have no cash value;
- cannot be redeemed for cash from FanState;
- do not represent ownership or equity in FanState;
- are not deposits or bank accounts;
- may not be transferred, sold, exchanged, assigned, or traded except where FanState expressly permits;
- may be subject to expiration, promotional limitations, eligibility requirements, or other restrictions disclosed when issued; and
- may be modified, suspended, restricted, or discontinued by FanState to the maximum extent permitted by applicable law.
03Free Fan Points and Free Packs
FanState may provide complimentary Fan Points, free packs, free spins, promotional credits, introductory offers, or other promotional benefits.
Receiving or using a free offer does not guarantee that you will receive a sports card, collectible, merchandise, cash, or anything of monetary value.
Free offers may be limited by person, household, device, payment method, IP address, geographic location, promotion, or other reasonable criteria.
FanState may deny, revoke, cancel, or withhold promotional benefits where we reasonably believe there has been duplicate-account creation, manipulation, automation, fraud, abuse, exploitation of an error, or violation of these Terms.
Free offers have no cash value.
04Packs, Spins and Randomized Experiences
Certain FanState experiences may involve randomized outcomes.
Unless FanState expressly states otherwise before participation: NO PARTICULAR CARD, PLAYER, TEAM, CATEGORY, GRADE, CONDITION, MARKET VALUE, OR REWARD IS GUARANTEED.
Images of cards, athletes, prizes, jackpots, premium cards, previous pulls, or other collectibles may illustrate items that may be available and do not constitute a promise that you will receive any particular item.
Where applicable, odds, inventory, eligibility criteria, and material conditions will be disclosed through the applicable experience or separate Official Rules.
A pack may display a Distribution panel before you open it. That panel is the disclosure of odds and material conditions for that experience.
Card rows show a grade band (for example Bronze, Silver, Gold, Platinum, or Legendary), an estimated dollar range of cards then eligible for that band, and the chance a single open lands that band. Fan Points rows show the points a gift pays, a dollar equivalent at the Fan Points conversion then displayed in the Services, and that gift’s chance. Those dollar figures are informational conversions only. They are not cash, stored value, or a rate at which Fan Points can be redeemed.
An “Average card” figure, where shown, is an informational average of displayed card-band values on that pack. It is not a promise of what any particular open will return, and it is not the value of Fan Points you hold. Prices, ranges, averages, inventory, and chances track the market and the live shelf and may change.
Where the Services offer to buy a card back, the price and the time left are the ones shown then. That offer is not a promise to buy the card later, and it is not a warranty of what any other market would pay. The price is not open to negotiation. When the time shown ends, the offer ends, except an automatic buyback these Terms already require for a locked bonus card. If you accept, the claim to the physical card returns to FanState and you receive the credit the screen states, as cash or as bonus credit.
Once a randomized transaction has been initiated, its outcome is final except where required otherwise by law or where FanState determines that a technical error materially affected the outcome.
FanState may void an outcome caused by an obvious technical malfunction, unauthorized manipulation, fraud, duplicate execution, pricing error, inventory error, or other material system error, subject to applicable law.
05No Guarantee of Value
FanState does not provide investment advice and does not guarantee the current or future value of any sports card, collectible, reward, or other item.
Any displayed estimated value, market value, recent sale, comparison, grade, rarity, average card figure, dollar equivalent of Fan Points, or other valuation information is provided for informational purposes only and may be inaccurate, incomplete, delayed, or subject to market changes.
Collectibles may increase or decrease substantially in value.
You should not purchase Fan Points or use FanState as an investment.
06Physical Cards and Digital Representations
A card displayed digitally on FanState may represent a corresponding physical collectible held by FanState, a third-party custodian, fulfillment provider, seller, or other authorized party.
A digital image of a physical card is not itself an NFT, cryptocurrency, security, or ownership interest in FanState.
The applicable product page or program terms determine whether and when a user acquires rights to a physical card.
A card won with bonus credit is not eligible for shipment or redemption until you meet Section 25 (Bonus Credit). The amount still required and the deadline are shown on the card.
Physical redemption or shipment may require identity verification, a valid shipping address, payment of shipping, insurance, handling, taxes, duties, or other disclosed charges.
FanState may establish reasonable shipment, consolidation, storage, redemption, and verification procedures.
Keeping a card is a claim to the corresponding physical collectible, subject to these Terms. It does not put the slab in your hands. The on-chain record may stay in FanState’s wallet until you redeem the slab or sell it back. That record is not a security and is not a promise that we have already purchased the physical card. Shipment waits until we hold the card and you have met every condition in these Terms, including Section 25 where it applies.
Selling the card back, or an automatic buyback under these Terms, ends the claim to shipment. Redeeming a slab for shipment ends the on-chain record when the token is burned.
A grade, label, or certification is the opinion of the grader that applied it. FanState does not warrant that the grade will stay unchanged, that another person would pay the value shown on FanState, or that the card is an investment.
If FanState stops operating, our obligation as to a physical collectible we then hold for you is limited to making that collectible available for return to an address you provide, at your expense for shipping and taxes, if you ask within 90 days after we give notice. We do not owe the collectible’s market value in cash except where the law requires it. This does not apply to a card we do not hold.
07Shipping and Redemption
Where a physical collectible is eligible for shipment, the user must follow FanState’s then-current redemption and shipping procedures. A card won with bonus credit is not eligible until Section 25 (Bonus Credit) is met.
Shipping times are estimates unless expressly stated otherwise.
Risk of loss and transfer of title will be determined in accordance with applicable law and the applicable transaction terms.
FanState may require additional payment for shipping, insurance, signature confirmation, international duties, storage, or special handling where disclosed and legally permitted.
Users are responsible for providing accurate delivery information. We are not liable for a shipment sent to the address you gave us, or for loss or delay after we hand the collectible to the carrier, except where the law does not allow that limit.
08Sales Are Final; Refund Policy
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PURCHASES OF FAN POINTS AND OTHER DIGITAL OR CONSUMED PRODUCTS ARE FINAL AND NON-REFUNDABLE ONCE DELIVERED OR USED.
FanState does not provide refunds merely because: the user did not receive the card or outcome they hoped for; the collectible received has a lower market value than expected; the user changes their mind; Fan Points have already been used; a randomized experience has already been completed; or the market value of a collectible changes.
Nothing in these Terms eliminates any refund, chargeback, cancellation, or consumer right that cannot legally be waived.
FanState may, in its sole discretion, issue credits, replacement Fan Points, refunds, or other accommodations without creating an obligation to do so in future cases.
Unauthorized or duplicate charges should be reported promptly to the FanState website chatbot.
If a payment is charged back, reversed, or recalled, FanState may, to the extent permitted by law, reverse the cash, bonus credit, Fan Points, and cards obtained from that payment, restrict the account, and recover the cost of the reversal.
09Promotions and Sweepstakes
FanState may separately conduct sweepstakes, contests, giveaways, promotional drawings, or other promotions.
Such promotions may be governed by separate Official Rules. If the Official Rules conflict with these Terms regarding a particular promotion, the Official Rules control.
Where required by law, NO PURCHASE OR PAYMENT WILL BE NECESSARY TO ENTER OR WIN, AND A PURCHASE WILL NOT IMPROVE THE ODDS OF WINNING.
Eligibility, geographic restrictions, entry periods, methods of entry, prize descriptions, odds, winner selection, and other material terms will be provided in the applicable Official Rules.
10Watch Parties and Real-World Experiences
FanState may provide Fan Points, digital spins, promotional rewards, merchandise, food, beverages, or other benefits at participating watch parties, bars, restaurants, stadium-area events, and other venues.
Participation does not guarantee any particular reward.
Third-party venues remain independently responsible for their premises, employees, food and beverage service, security, age verification, alcohol service, and compliance with applicable laws.
Alcohol rewards are subject to legal drinking age, identification requirements, venue policies, availability, applicable alcohol laws, and the venue’s discretion to refuse service.
FanState does not require or encourage excessive alcohol consumption.
11Accounts
You are responsible for maintaining the confidentiality and security of your account credentials.
You may not create accounts using false information or create multiple accounts to obtain duplicate promotional benefits.
You are responsible for activity occurring through your account except to the extent applicable law provides otherwise.
Notify FanState promptly if you believe your account has been compromised.
Anyone who uses your account is your responsibility. You will give us accurate information and keep it current.
We may pause a withdrawal, a redemption, or a shipment until you complete an identity, payment, or sanctions check we ask for. If you do not, we may refuse the transaction.
Cash shown on your balance is a contractual credit. It is not a bank deposit and it is not insured by the FDIC or any government deposit scheme. A withdrawal is available only as the Wallet screen then states, including any minimum. We may delay a withdrawal while we check identity, a reversed payment, fraud, or sanctions.
12Prohibited Conduct
You may not:
- manipulate or attempt to manipulate pack, spin, reward, or promotion outcomes;
- use bots, scripts, automation, emulators, or unauthorized software;
- exploit bugs, vulnerabilities, pricing errors, or system errors;
- create duplicate or fraudulent accounts;
- engage in payment fraud or unauthorized chargebacks;
- open or use extra accounts to farm a promotion, evade a limit, or reduce tax on a shipment;
- use the Services in violation of sanctions or export control laws;
- interfere with FanState systems;
- scrape or extract data without authorization;
- reverse engineer the Services except where applicable law expressly permits it;
- impersonate another person;
- violate intellectual property rights;
- use the Services for unlawful purposes; or
- circumvent eligibility, geographic, age, account, or promotional restrictions.
13Suspension and Termination
FanState may investigate suspected violations and, where reasonably necessary to protect FanState, users, partners, or the integrity of the Services, suspend or restrict an account while investigating.
FanState may terminate accounts for material violations of these Terms, fraud, abuse, manipulation, illegal activity, or repeated misuse.
Where permitted by law, fraudulently or improperly obtained promotional Fan Points, rewards, or benefits may be revoked.
While we investigate, we may restrict the account, pause a withdrawal or a shipment, and hold a balance. We may disclose information as needed to comply with law, answer legal process, enforce these Terms, or protect FanState, users, or the public.
To the extent permitted by law, we may set off a reversed payment, a fee, or another amount you owe us against cash we hold for you.
14Intellectual Property
FanState and its licensors own all rights in the Services, including FanState names, logos, software, interfaces, designs, graphics, content, databases, pack-opening systems, and other proprietary materials, except third-party intellectual property.
Sports leagues, teams, athletes, card manufacturers, trademarks, photographs, and other third-party materials belong to their respective owners.
Unless expressly stated, FanState’s use or reference to a league, team, athlete, manufacturer, card, bar, venue, or other third party does not imply sponsorship, endorsement, or affiliation.
15User Content
If you submit content to FanState, you grant FanState a worldwide, non-exclusive, royalty-free, sublicensable license to host, reproduce, display, distribute, adapt, and use that content as reasonably necessary to operate, promote, improve, and market FanState, subject to applicable law and our Privacy Policy.
You represent that you have the rights necessary to submit such content.
If you send us an idea or suggestion, you do so without a duty of confidentiality on our part, and we may use it without payment to you.
16Third-Party Services
FanState may integrate with payment processors, authentication providers, analytics providers, advertising platforms, shipping providers, custodians, card graders, marketplaces, bars, creators, and other third parties.
FanState is not responsible for independent third-party services or their acts or omissions except to the extent liability cannot legally be excluded.
17Service Availability
FanState does not guarantee uninterrupted or error-free operation.
Services may be unavailable because of maintenance, internet outages, third-party failures, security incidents, technical problems, inventory issues, force majeure events, or other circumstances.
We may modify or discontinue features prospectively, subject to applicable law and any existing rights users have acquired.
18Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
FANSTATE DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTIES THAT MAY LEGALLY BE DISCLAIMED.
FANSTATE DOES NOT WARRANT THAT THE SERVICES WILL ALWAYS BE AVAILABLE, ERROR-FREE, SECURE, OR THAT ANY PARTICULAR USER WILL RECEIVE ANY PARTICULAR CARD, REWARD, VALUE, OR RESULT.
Nothing in this section excludes warranties that applicable law does not permit FanState to disclaim.
19Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FANSTATE AND ITS AFFILIATES, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR DIMINUTION IN COLLECTIBLE VALUE ARISING FROM THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FANSTATE’S AGGREGATE LIABILITY ARISING OUT OF A CLAIM WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FANSTATE FOR THE TRANSACTION THAT IS THE SUBJECT OF THE CLAIM OR (B) $100.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FANSTATE IS NOT LIABLE FOR A THIRD-PARTY GRADE, A CHANGE IN THE DISPLAYED OR MARKET VALUE OF A COLLECTIBLE, A CARRIER’S LOSS OR DELAY AFTER WE HAND A COLLECTIBLE TO THE CARRIER, A SHIPMENT OR NOTICE SENT TO AN ADDRESS YOU PROVIDED, A BLOCKCHAIN DELAY OR FAILURE OUTSIDE OUR CONTROL, OR A PAYMENT YOUR BANK OR CARD ISSUER REVERSES.
These limitations do not apply where prohibited by law, and they do not limit liability for FanState’s fraud or willful misconduct.
20Indemnification
To the extent permitted by law, you will defend and indemnify FanState and its affiliates, officers, directors, employees, contractors, and agents against third-party claims, damages, liabilities, and reasonable costs, including reasonable attorneys’ fees, arising from your unlawful conduct, fraud, a chargeback or payment reversal you cause without a good-faith basis, inaccurate information you give us, taxes arising from your transactions, content you submit, or your violation of these Terms or of another person’s rights. FanState may control the defense of a claim covered by this section. This does not require you to indemnify us for our own fraud or willful misconduct.
21Dispute Resolution and Individual Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
Except for disputes legally ineligible for arbitration, small-claims matters that qualify for small-claims court, and requests for temporary or preliminary injunctive relief concerning intellectual property or unauthorized system access, disputes between you and FanState will be resolved through binding individual arbitration administered by the appointed counsel under its applicable consumer rules.
Before commencing arbitration, the complaining party must provide written notice describing the dispute and requested relief and allow at least 30 days for informal resolution.
YOU AND FANSTATE AGREE THAT CLAIMS WILL BE BROUGHT ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION, TO THE EXTENT PERMITTED BY LAW.
Nothing in this section prevents a user from exercising rights that applicable law makes non-waivable.
22Governing Law
These Terms are governed by the laws of the Commonwealth of Pennsylvania and applicable federal law, without regard to conflict-of-law principles, except where applicable consumer law requires otherwise.
For disputes not subject to arbitration, the parties consent to jurisdiction in the appropriate state or federal courts located in Pennsylvania, except where applicable law requires another venue.
23Changes to These Terms
We may update these Terms prospectively.
Material changes will become effective after reasonable notice where required by law. Changes will not retroactively deprive users of vested rights where prohibited by law.
Continued use after revised Terms become effective constitutes acceptance to the extent permitted by law.
24General Terms
If any provision is held unenforceable, the remaining provisions remain effective to the maximum extent legally permitted.
Our failure to enforce a provision does not waive it.
You may not assign your rights under these Terms without our consent. FanState may assign these Terms in connection with a merger, acquisition, financing, reorganization, or sale of all or substantially all relevant assets, subject to applicable law.
These Terms, together with our Privacy Policy and any applicable Official Rules or product-specific terms, constitute the agreement between you and FanState concerning the Services. A price, window, fee, or condition stated on the screen for a particular transaction controls for that transaction.
Notices we send through the Services or to the email on your account satisfy a requirement that the notice be in writing. You consent to electronic communications about your account and these Terms.
You will not use or export the Services in violation of United States export control laws.
These Terms create no third-party beneficiary rights. Sections that by their nature should survive, including bonus credit, disclaimers, limitation of liability, indemnification, and dispute resolution, survive closing your account.
25Bonus Credit
FanState may issue promotional bonus credit. Bonus credit opens eligible packs. It is not cash, stored value, or a deposit, and it cannot be withdrawn or transferred to a bank.
Bonus credit is shown separately from cash. Spending your own money on dollar packs converts bonus credit into cash at the rate shown in the Services at that time. Bonus credit and Fan Points do not count as your own money for that conversion. Adding funds adds cash. It does not by itself convert bonus credit into cash.
A card is won with bonus credit to the extent the pack that produced it was opened with bonus credit. A pack whose sell-back pays bonus credit is treated as opened entirely with bonus credit. That share is fixed when you keep the card.
A card won with bonus credit is not eligible for shipment or redemption while that bonus remains uncovered. To make it eligible, you must spend enough of your own money on dollar packs to cover the bonus portion of that card. The amount still required and the deadline are shown on the card. Only cash you spend on dollar packs counts. Bonus credit and Fan Points do not.
If the card is still locked when the deadline shown on it passes, FanState buys it back automatically for bonus credit at the buyback price shown on the card. You may sell it back sooner on the same terms. That bonus credit cannot be withdrawn, and the physical card does not ship.
A card opened entirely with your own cash, and not from a pack that pays its sell-back as bonus credit, is not subject to this section.
Bonus credit expires when an account has been inactive for 30 days. Before it does, we email the address on the account at least 7 days ahead with the amount and the date. Signing in or using the Services before that date keeps it. Bonus credit expires only after that email has been sent, and cash on the balance never expires.
26Assumption of Risk
You use the Services at your own risk. Displayed values move, and a card can be worth less than you paid to open the pack.
Blockchain records can be delayed, congested, or reorganized. FanState does not control the blockchain, your wallet software, or your bank. You are responsible for any wallet address or shipping address you give us.
The legal treatment of digital collectibles, promotional credit, and randomized pack openings can change. You are not relying on FanState for investment, tax, or legal advice, and you disclaim reliance on any estimated value as a promise of what you will receive.
27Taxes
You are responsible for taxes on your purchases, prizes, shipments, and sales, other than taxes on FanState’s net income. We may collect a tax the law requires us to collect.
You will not use extra accounts, transfers, or an artificial price to reduce the tax on a shipment or a sale. We may investigate that conduct and report it to a tax authority.
28Release
To the extent permitted by law, you release FanState and its affiliates, officers, directors, employees, contractors, and agents from claims arising out of other users, venues, graders, carriers, payment processors, wallet software, and blockchains, including claims you do not know about at the time you agree.
If you are a California resident, you waive California Civil Code Section 1542, which says that a general release does not extend to claims the releasing party does not know or suspect to exist and that, if known, would have materially affected the settlement. You waive any similar law of another place.
This release does not waive a right the law does not allow you to waive, including a claim for FanState’s fraud or willful misconduct.