You must be at least 18 years of age to open an account, participate in contests, or win prizes offered by the Fantasy Sports Terminals. In jurisdictions, territories, and locations where the minimum age for permissible use of the Fantasy Sports Terminals is greater than 18 years old, you must meet the age requirement in your local jurisdiction or territory.
"Authorized Account Holder" is defined as the natural person 18 years of age or older who has opened up an account with one of the Fantasy Sports Terminals or by any other method offered by the Company.
“Contest” is defined as any of the individual games offered by the Company on the Fantasy Sports Terminals.
CONDITIONS OF PARTICIPATION
By entering a Contest, entrants agree to be bound by these Rules and the decisions of the Company, which shall be final and binding in all respects. The Company, at its sole discretion, may disqualify any entrant from a Contest, refuse to award benefits or prizes and require the return of any prizes, if the entrant engages in conduct or otherwise utilizes any information the Company deems to be improper, unfair or otherwise adverse to the operation of the Contest or is in any way detrimental to other entrants. These Terms prohibit entering a Contest if the entrant is:
· An employee of the Company or an immediate family member of such employee (an “Immediate Family Member” means a spouse, parent, sibling or child of an employee or anyone married to such a person);
· An employee or operator of any daily fantasy site including any that charges entrance fees or offers prizes, and any Immediate Family Member of any such person;
· Accessing or has had access to any pre-release, confidential information or other information that is not available to all other entrants of a Contest and that provides the entrant an advantage in such a Contest, including any information from any daily fantasy sport site or information from a sports governing body (e.g., pre-release injury information) (“Pre-Release Data”);
· An employee of a sponsor, consultant, or supplier of the Company or any other daily fantasy sports contest provider that has access to Pre-Release Data or otherwise receives an advantage in the entrant’s participation in a Contest;
· An employee, operator or consultant to a sports governing body where such employee, operator or consultant is prohibited from participating in applicable Contests by such governing body;
· Breaches any rules or policies of the entrant’s employer, of any sports governing body, or any other professional body of which the entrant is a member, including any rule or policy regarding participation in Contests or accepting prize money;
· Any person prohibited from participating pursuant to court order;
· Any entrant who has knowingly received Pre-Release Data or any other non-public information that provides an advantage in a Contest from any person who is prohibited from entering a Contest as provided in these Terms.
In addition, conduct that would be deemed improper also includes, but is not limited to:
· Falsifying personal information required to enter a Contest or claim a prize;
· Engaging in any type of financial fraud including unauthorized use of credit instruments to enter a Contest or claim a prize;
· Colluding with any other individual(s) or engaging in any type of syndicate play;
· Using a single Account to participate in a Contest on behalf of multiple entrants or otherwise collaborating with others to participate in any Contest;
· Using automated means (including but not limited to scripts and third-party tools) to interact with the Fantasy Sports Terminals in any way (this includes, but is not limited to: creating a contest, entering a contest, withdrawing from a contest, creating a lineup, and editing a lineup);
· Using automated means (including but not limited to harvesting bots, robots, parser, spiders or screen scrapers) to obtain, collect or access any information on the Fantasy Sports Terminals or of any User for any purpose.
· Any type of bonus abuse, abuse of the refer-a-friend program, or abuse of any other offers or promotions;
· Tampering with the administration of a Contest or trying to in any way tamper with the computer programs or any security measure associated with a Contest;
· Obtaining other entrants information and/or spamming other entrants; or
· Abusing the Fantasy Sports Terminals in any way.
Users further acknowledge that the forfeiture and/or return of any prize shall in no way prevent the Company from pursuing criminal or civil proceedings in connection with such conduct.
By entering into a Contest or accepting any prize, entrants, including but not limited to the winner(s), agree to indemnify, release and to hold harmless the Company, its parents, subsidiaries, affiliates and agents, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing persons or entities (collectively, the "Released Parties"), from any and all liability, claims or actions of any kind whatsoever, including but not limited to injuries, damages, or losses to persons and property which may be sustained in connection with participation in the Contest, the receipt, ownership, use or misuse of any prize, or while preparing for, participating in and/or traveling to or from any prize related activity, as well as any claims based on publicity rights, defamation, or invasion of privacy. The Company may, in its sole and absolute discretion, require an Authorized Account Holder to execute a separate release of claims similar to the one listed above in this Paragraph as a condition of being awarded any prize or receiving any payout.
The Company is not responsible for: any incorrect, invalid or inaccurate entry information; human errors; postal delays/postage due mail; technical malfunctions; failures, including public utility or telephone outages; omissions, interruptions, deletions or defects of any telephone system or network, computer online systems, data, computer equipment, servers, providers, or software (including, but not limited to software and operating systems that do not permit an entrant to participate in a Contest), including without limitation any injury or damage to any entrant's or any other person's computer or video equipment relating to or resulting from participation in a Contest; inability to access the Fantasy Sports Terminals, or any web pages that are part of or related to the Fantasy Sports Terminals; theft, tampering, destruction, or unauthorized access to, or alteration of, entries and/or images of any kind; data that is processed late or incorrectly or is incomplete or lost due to telephone, postal issues, computer or electronic malfunction or traffic congestion on telephone lines or transmission systems, or the Internet, or any service provider's facilities, or any phone site, or Fantasy Sports Terminals and; typographical, printing or other errors, or any combination thereof.
ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE FANTASY SPORTS TERMINALS OR UNDERMINE THE LEGITIMATE OPERATION OF ANY CONTEST IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE COMPANY RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
A single Contest entrant may not submit more than Twenty (20) entries into a single Contest. If an single Contest entrant attempts to submit more than Twenty (20) entries into a single Contest, the Company reserves the right to disqualify said entrant from said Contest, suspend said entrant’s account, refuse to award said entrant any benefits or prizes from such Contest, and/or require said entrant to return of any prizes that may have been awarded.
All entries become the property of the Company and will not be acknowledged or returned.
To be eligible to enter any contest or receive any prize, the Authorized Account Holder may be required to provide the Company with additional documentation and/or information to verify the identity of the Authorized Account Holder, and to provide proof that all eligibility requirements are met. In the event of a dispute as to the identity or eligibility of an Authorized Account Holder, the Company will, in its sole and absolute discretion, utilize certain information collected by the Company to assist in verifying the identity and/or eligibility of such Authorized Account Holder.
Where legal, Authorized Account Holders consent to the use of their name, voice, and likeness/photograph in and in connection with the development, production, distribution and/or exploitation of any Contest or the Fantasy Sports Terminals. Authorized Account Holders agree that from the date of notification by the Company of their status as a potential winner and continuing until such time when the Company informs them that they no longer need to do so that they will make themselves available to the Company for publicity, advertising, and promotion activities.
The Company reserves the right to move entrants from the Contests they have entered to substantially similar Contests in certain situations determined by the Company in its sole discretion.
If you wish to be restricted from further use from the Fantasy Sports Terminals for any reason, it is your responsibility to inform the Company of your desire to be restricted from further use of the Fantasy Sports Terminals. If you desire to be restricted from further use of the Fantasy Sports Terminals you may be required to provide the Company with your name, account information, and other personal identification information. The Company will not use this information for any other purpose but to ensure that you are restricted from further use of the Fantasy Sports Terminals.
CONTEST PRIZES AND PROMOTIONS
Guaranteed prizes are offered in connection with some of the Contests offered by the Fantasy Sports Terminals. Each Contest or promotion is governed by its own set of official rules. The Company encourages you to read such Contest and promotions Rules before participating.[AF2]
CONTEST OF SKILL
Contests offered on the Fantasy Sports Terminals are contests of skill. Winners are determined by the objective criteria described in the Contest deadline, roster, Rules, scoring, and any other applicable documentation associated with the Contest. From all entries received for each Contest, winners are determined by the individuals who use their skill and knowledge of relevant sports information and fantasy sports rules to accumulate the most points according to the corresponding scoring rules. The Fantasy Sports Terminals and Contests may not be used for any form of illicit gambling.
Contest results and prize calculations are based on the final statistics and scoring results at the completion of the last professional sports game of each individual Contest. Once Contest results are reviewed and graded, prizes are awarded. The scoring results of a Contest will not be changed regardless of any official statistics or scoring adjustments made by the leagues at later times or dates, except in the Company’s sole discretion.
PAYMENT AND WITHDRAWAL OF PRIZES
Winners are notified via email and winnings posted to their respective Accounts on the Fantasy Sports Terminals. Additionally, entrants may view the results of a contest by logging into the Fantasy Sports Terminal or by viewing the Company’s internet-based scoreboard application.
All taxes associated with the receipt of any prize are the sole responsibility of the winner. In the event that the awarding of any prizes to winners of a Contest is challenged by any legal authority, The Company reserves the right in its sole discretion to determine whether or not to award such prizes. Entrants with yearly net winning at or in excess of Six Hundred and No/100 Dollars ($600.00) must provide the Company with their address and Social Security Number in order for the Company to issue the appropriate tax form to entrant. Net winnings are calculated by taking the sum of all prize winnings less contest entry fees plus all types of bonuses.
Before making any payment, the Company may require that an entrant complete and execute an affidavit of eligibility, in which, among other things, the entrant is required to represent and warrant that the entrant is eligible to participate in a Contest, is otherwise in compliance with this Agreement and, potentially, is required to provide documentation or proof of eligibility and compliance. If the Company requests that an entrant complete and execute such an affidavit and the entrant fails to do so within seven (7) days, or the Company otherwise determines that the entrant does not meet the eligibility requirements or is not in compliance with these Terms, the Company reserves the right to terminate the entrant’s account and withhold or revoke the awarding of any prizes associated with such account. In such a situation, the Company may pay out any withheld or revoked prizes to the other entrants in the relevant contest in a manner consistent with the Rules of the Contest.
Checks for withdrawal requests are processed within 10 business days, and are sent via FedEx or U.S. Mail. Promotional deposits, credits, and other bonuses may not be withdrawn from an Authorized Account Holder’s account unless appropriate terms of the promotion are achieved first by Authorized Account Holder.
No substitution or transfer of prize is permitted, except that the Company reserves the right to substitute a prize of equal value or greater if the advertised prize is unavailable. All prizes are awarded "as is" and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose).
Any withdrawal requests not in excess of Two Hundred and Fifty Dollars ($250.00), after approved by the Company, will be available via cash withdrawal at the location of the Fantasy Sports Terminal.
TERMINATION AND EFFECT OF TERMINATION
DISCLAIMER OF WARRANTIES
THE FANTASY SPORTS TERMINALS, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE FANTASY SPORTS TERMINALS, ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE FANTASY SPORTS TERMINALS; (B) THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE FANTASY SPORTS TERMINALS; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE FANTASY SPORTS TERMINALS; (D) THE MESSAGES AND INFORMATION SENT FROM THE FANTASY SPORTS TERMINALS BY USERS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE FANTASY SPORTS TERMINALS OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE FANTASY SPORTS TERMINALS OR ANY LINKED SITE. THE COMPANY DOES NOT WARRANT THAT THE FANTASY SPORTS TERMINALS, OR ANY OF THE FANTASY SPORTS TERMINALS' FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE FANTASY SPORTS TERMINALS OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE COMPANY DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE FANTASY SPORTS TERMINALS IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, THE COMPANY SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE FANTASY SPORTS TERMINALS, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE FANTASY SPORTS TERMINALS OR THE CONTENT. FURTHER, THE COMPANY AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.
THE COMPANY, ITS PARENTS, SUBSIDIARIES AND AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, AND OTHER REPRESENTATIVES OF EACH OF THEM, SHALL NOT BE LIABLE FOR THE USE OF THE FANTASY SPORTS TERMINALS INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS AGREEMENT.
LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT THE COMPANY LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE FANTASY SPORTS TERMINALS AS SET FORTH BELOW. UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE "COMPANY ENTITIES AND INDIVIDUALS"), BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THE FANTASY SPORTS TERMINALS, THE CONTENT, OR YOUR UPLOAD INFORMATION; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE FANTASY SPORTS TERMINALS; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE COMPANY OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE FANTASY SPORTS TERMINALS OR CONTENT;(4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR (5) ANY ERRORS OR OMISSIONS IN THE FANTASY SPORTS TERMINALS’ TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE COMPANY ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE FANTASY SPORTS TERMINALS). IN NO EVENT WILL THE COMPANY ENTITIES AND INDIVIDUALS BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE COMPANY ENTITIES AND INDIVIDUALS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED AND NO/100 DOLLARS ($100.00). THE COMPANY ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER'S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOUR ACCESS TO AND USE OF THIS FANTASY SPORTS TERMINALS IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE FANTASY SPORTS TERMINALS OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE FANTASY SPORTS TERMINALS OR THE CONTENT. YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF THE COMPANY'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY FANTASY SPORTS TERMINALS OR OTHER PROPERTY OWNED OR CONTROLLED BY THE COMPANY AND/OR ITS PARENTS, SUBSIDIARIES, AND/OR AFFILIATES OR YOUR UPLOAD INFORMATION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY COMPANY FANTASY SPORTS TERMINALS OR OTHER PROPERTY OR YOUR UPLOAD INFORMATION OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO. BY ACCESSING THE FANTASY SPORTS TERMINALS, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.
INTELLECTUAL PROPERTY RIGHTS
The content on the Fantasy Sports Terminals, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein (the "Intellectual Property"), are owned by or licensed to the Company, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Fantasy Sports Terminals is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners and/or the Company. The Company reserves all rights not expressly granted in and to the Fantasy Sports Terminals and the Intellectual Property. You agree to not engage in the use, copying, or distribution of any of the Intellectual Property other than expressly permitted herein. If you download or print a copy of the Intellectual Property for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Fantasy Sports Terminals or features that prevent or restrict use or copying of any Intellectual Property or enforce limitations on use of the Fantasy Sports Terminals or the Intellectual Property therein.
Some of the Services may allow you to submit or transmit audio, video, text, or other materials (collectively, "User Submissions") to or through the Services. When you provide User Submissions, you grant to the Company, its parents, subsidiaries, affiliates, and partners a non-exclusive, worldwide, royalty-free, fully sublicenseable license to use, distribute, edit, display, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, translate, and create derivative works of those User Submissions, and your name, voice, likeness and other identifying information where part of a User Submission, in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products. You hereby waive any moral rights you may have in your User Submissions.
In addition, you agree that any User Submissions you submit shall not contain any material that is, in the sole and absolute discretion of the Company, inappropriate, obscene, vulgar, unlawful, or otherwise objectionable (hereinafter, "Prohibited Content"). Posting of any Prohibited Content, in addition to any and all other rights and remedies available to the Company, may result in account suspension or termination.
We may refuse or remove a User Submission without notice to you. However, we have no obligation to monitor User Submissions, and you agree that neither we nor our parents, subsidiaries, affiliates, employees, or agents will be liable for User Submissions or any loss or damage resulting from User Submissions.
You represent and warrant that you have all rights necessary to grant to the Company the license above and that none of your User Submissions are defamatory, violate any rights of third parties (including intellectual property rights or rights of publicity or privacy), or violate applicable law.
ARBITRATION, CONSENT TO JURISDICTION IN TEXAS, ATTORNEY’S FEES
The arbitrator shall not have authority to award punitive damages; and
Any and all claims shall be arbitrated on an individual basis only, and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party. You and the Company agree that the arbitrator shall have no authority to arbitrate any Claim as a class action or in any other form other than on an individual basis.
For any Claims that are not subject to arbitration: (a) the exclusive jurisdiction and venue for proceedings involving Claims shall be the courts of competent jurisdiction sitting within Tarrant County, Texas (the "Forum"), and the parties hereby waive any argument that any such court does not have personal jurisdiction or that the Forum is not appropriate or convenient; (b) you and the Company waive any and all rights to trial by jury with respect to any Claims.
In the event that either party initiates a proceeding involving any Claim other than an arbitration in accordance with this Section, or initiates a proceeding involving a Claim under this Section other than in the Forum, the other party shall recover all attorneys' fees and expenses reasonably incurred in enforcing this Agreement to arbitrate and/or enforcing the Forum to which the parties have herein agreed.
No professional or amateur sports league or any team associated with any professional or amateur sports league is associated with the Company or in any way affiliated or associated with the Contests.
THE COMPANY AND OTHER TRADEMARKS CONTAINED ON THE FANTASY SPORTS TERMINALS ARE TRADEMARKS OR REGISTERED TRADEMARKS OF THE COMPANY IN THE UNITED STATES AND/OR OTHER COUNTRIES. THIRD PARTY TRADEMARKS, TRADE NAMES, PRODUCT NAMES AND LOGOS MAY BE THE TRADEMARKS OR REGISTERED TRADEMARKS OF THEIR RESPECTIVE OWNERS. YOU MAY NOT REMOVE OR ALTER ANY TRADEMARK, TRADE NAMES, PRODUCT NAMES, LOGO, COPYRIGHT OR OTHER PROPRIETARY NOTICES, LEGENDS, SYMBOLS OR LABELS ON THE FANTASY SPORTS TERMINALS.
Eagle Strike Fantasy Sports LLC ("the Company", "we" or "us") has prepared this notice to describe to you our practices regarding the personal information the Company collects from users of our website located at (the "Website"), and the Fantasy Sports Terminals ("Fantasy Sports Terminals"), and our fantasy sports related services available through the Website and the Fantasy Sports Terminals ("Services"). This notice does not apply to websites, applications or services that do not display or link to this statement or that display or link to different privacy statements.
I. INFORMATION COLLECTED
1. Personal Information. The Company may collect personal information from you, such as your first and last name, location, email address, address, username and password, and the country and state in which you reside when you create an account to log in to the Website or Fantasy Sports Terminals ("Account"). When you order Services on our Website or one of the Fantasy Sports Terminals, or deposit or withdraw funds from your Account, the Company may collect all information necessary to complete the transaction, including but not limited to your name, address, phone number, credit card information, billing information, date of birth, and social security number, and other tax related information. If you use our Application on your mobile device, the Company may collect your phone number and unique device id number.[AC1] [AF2] If you provide us feedback or contact us via email, the Company will collect your name and email address, as well as any other content included in the email, in order to send you a reply. The Company will collect your profile photo and user name that you upload to your public profile page ("Profile"). When you participate in any contest, game or other fantasy sports related contest on the Services (each a "Contest") other participants in the Contest (each, a "Player") will be able to see the information in your Profile. If you tell us where you are (e.g., by allowing your mobile device to send us your location), the Company may store and use that information to verify for eligibility enter certain Contests and for fraud prevention purposes. When you participate in one of our surveys, the Company may collect additional profile information.
2. Contest Participation. If you participate in a sweepstakes, contest or giveaway on our Services, the Company may ask you for your email address and/or mobile number (to notify you whether you win or not). The Company may also ask for first and last names, and sometimes post office addresses to verify your identity. In some situations the Company may need additional information as part of the entry process, such as a prize selection choice, or in connection with the award of prizes over a certain dollar threshold. These sweepstakes and contests are voluntary. It is recommended that you read the rules for each sweepstakes and contest that you enter.
3. Miscellaneous Collection of Information. The Company may also collect information at other points in our Fantasy Sports Terminals, Website and Services where it is clear the Company is collecting such information.
4. Information Collected by our Services. To make our Fantasy Sports Terminal, Website and Services more useful to you, our Website automatically tracks certain information about the visits to our Website, including your browser type, operating system, Internet Protocol (IP) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, clickstream data, referring/exist pages, and/or a date/time stamp for your visit. The Company uses this information to analyze trends, administer the Website, gather demographic information about our user base as a whole, and to improve our Fantasy Sports Terminals, Website and Services and for product development purposes. For example, some of the information may be collected so that when you visit the Website or Services again, it will recognize you and the information appropriate to your interests.
7. Mobile Services. The Company may also collect non-personal information from your mobile device if you have downloaded our Application(s). This information is generally used to help us deliver the most relevant information to you. Examples of information that may be collected and used include how you use the Application(s), and information about the type of device you use.
8. Referral Affiliates. The Company may enter into agreements with companies that refer users to our Service by way of hyperlinks made available on the referring party’s website. The Company may automatically collect certain information, such as [your IP address, referring website, and your IP address] via the Cookies and Pixel Tags that are provided to us in connection with your use of the referring party’s website. This policy does not apply to, and the Company is not responsible for, Cookies or Pixel Tags provided by third party Websites.
9. Location Information. The Company may collect your location information including for the purpose of verifying whether you are eligible to participate in a Contest, sweepstakes, contest or giveaway on our Services.
10. Information Collected from Other Sources. The Company may supplement the information it has about you with information received from other sources including from our pages on Social Networking Sites, the Social Networking Sites themselves, and from commercially available sources (e.g., data brokers and public databases). The information the Company receives may include demographic data such as age, gender and income level, your interests and purchase data and other information that is necessary or useful to assist our marketing efforts or for user verification, authentication, fraud detection or to comply with regulatory requirements.
II. THIRD-PARTY SITES AND SERVICES
III. USE OF INFORMATION
1. General Use. In general, the personal information you submit to the Company is used either to respond to the requests you make, or to aid the Company in serving you better. The Company may use your personal information in the following ways:
(a) to facilitate the creation of and secure your Account on Company’s network;
(b) to identify you as a user in Company’s network system and to otherwise administer and operate our Fantasy Sports Terminals, Website, Application(s) and Services;
(c) to improve the quality of experience when you interact with the Company’s Fantasy Sports Terminals, Website, Application(s) and Services;
(d) to send you administrative email notifications, such as security or support and maintenance advisories;
(e) to deliver customized or personalized content, information or advertising;
(f) to respond to your inquiries and other requests;
(g) to send newsletters, surveys, offers and other promotional materials related to Company’s Services or on behalf of third parties and to monitor the effectiveness of our marketing programs; and
(h) to disclose winning over the threshold amount to the Internal Revenue Service.
2. User Feedback. The Company may post user feedback on the Website from time to time. The Company will share your feedback with your first name and last initial only. If we choose to post your first and last name along with your feedback, the Company will obtain your consent prior to posting your name with your feedback. If you make any comments on a blog or forum associated with the Website, you should be aware that any personal information you submit there can be read, collected, or used by other users of the forums, and could be used to send you unsolicited messages. The Company is not responsible for the personally identifiable information you choose to submit in these blogs and forums.
3. Creation of Anonymous Data. The Company may create anonymized data (data that is not reasonably associated with or linked to any data that would reasonably be expected to allow someone to identify you or contact you) from personal information by excluding information (such as your name) that makes the data personally identifiable to you. The Company may use this anonymized data to analyze request and usage patterns so that we may enhance the content of our Services and improve the Website and Fantasy Sports Terminals. The Company reserves the right to use anonymized data for any purpose and disclose anonymized data to third parties for any reason.
IV. DISCLOSURE OF INFORMATION
The Company may disclose your personal information as described below and as described elsewhere in this notice:
1. Third Parties Designated by You. When you use the Services, the personal information you provide will be shared with third parties that you designate to receive such information. For example, you may elect to communicate with other users who are participating in the same Contest as you.
2. Third Party Service Providers. The Company may share your personal information with third party service providers to: provide you the Services that we offer you through our Website and Application(s); to conduct quality assurance testing; to facilitate the creation of accounts; to provide account authentication and user verification services; to provide technical support; and/or provide other services to the Company.
3. Internal Revenue Service and Other Taxing Authorities. If your earnings from Contests exceeds a certain threshold ($600.00 or greater), in accordance with our interpretation of applicable law, the Company will disclose the amount of your earnings and other related information to the United States Internal Revenue Service and other appropriate taxing authorities.
4. Leaderboards. The Company may share information about the Contests in which you participate, including information related to your wins and losses record, finishes, and fantasy picks with our leaderboard provider(s).
5. Company Promotions. When you participate in a Contest, the Company may use of your name, likeness, voice, opinions, and biographical information for publicity, advertising, trade, or promotional purposes without further payment, consideration, notice, or approval.
6. Affiliates. The Company may share some or all of your personal information with our subsidiaries, joint ventures and other companies under a common control ("Affiliates"), in which case we will require our Affiliates to honor this notice.
7. Corporate Restructuring. The Company may share some or all of your personal information in connection with or during negotiation of any merger, financing, acquisition, corporate divestiture, dissolution transaction, or other proceeding involving the sale, transfer, divestiture or disclosure of all or a portion of our business or assets. In the event of an insolvency, bankruptcy, or receivership, your personal information may also be transferred as a business asset.
8. Third Parties. The Company may make the information we have about you available to third parties including for their direct marketing use.
V. INFORMATION SECURITY
1. Protection. The Company is committed to protecting the security of all user personal information. The Company uses a variety of security technologies and procedures to help protect user’s personal information from unauthorized access, use, or distribution.
2. Further Acts. To further protect the privacy and security of all user personal information, the Company reserves the right to take reasonable steps to verify your identity prior to granting access to your Account or making any corrections.
3. User Responsibility. It is the responsibility of all users to maintain the secrecy of their password and account information. The Company disclaims all liability or claims of damages from personal information disclosure that is the result of a user’s failure to properly protect their password or account information.
1. Changing or Deleting Your Personal Information. You may change any of your personal information in your Account by editing your "personal information" within your Account. You may requested deletion of your personal information by us, and the Company will use commercially reasonable efforts to honor your request, but please note that the Company may be required to keep such information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When the Company deletes any information, it will be deleted from the active database, but may remain in our archives. The Company may also retain your information for fraud prevention or similar purposes.
2. Accessing or Correcting Information. You can request a copy of the personally-identifiable information that the Company has collected about you via the Services by contacting our Information Privacy team. You may also request that the Company correct any factual inaccuracies contained in this information by contacting this same person.
3. Do Not Track Signals. Some web browsers may transmit "do not track" signals to the websites and other online services with which your web browser communicates. There is no standard that governs what, if anything, websites should do when they receive these signals. We currently do not take action in response to these signals. If and when a standard is established, we may revise our policy on responding to these signals.
5. Changes and Updates to Policy. This notice may be revised periodically, and if we make any material changes in the way we use your personal information, we will notify you. Any changes to this privacy notice will be effective upon ten (10) days following our posting of notice of the changes on our Website or the Fantasy Sports Terminals. These changes will be effective immediately for new users of the Service and for all users who expressly acknowledge that this notice has been changed. Please note that at all times you are responsible for updating your personal information to provide us with your most current email address. In the event that the last email address that you provided us is not valid, or for any reason is not capable of delivering to you the notice described above, in the event that we elect to provide you notice via email, our dispatch of the email containing such notice will nonetheless constitute effective notice of the changes described in the notice. If you do not wish to permit changes in our use of your personal information, you must notify us prior to the effective date of the changes that you wish to deactivate your Account with us. Your continued use of the Fantasy Sports Terminals, Website, Application(s) or Services following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes, with the understanding that the modified terms and conditions applies to all of your personal information, including the personal information collected before the change went into effect.