Terms and Conditions

IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 14.

1. Acceptance of terms

FanDuel SG LLC (collectively, “We”, “Us”, “FanDuel”, or “FanDuel Faceoff”) provides a mobile gaming app and website (“Site”), which includes all the text, images, audio, code and other material they contain or provide (collectively, the “Content”) and all of the features, contests and other services they provide. Players will be contracting with FanDuel SG LLC. The Site, the mobile app, and any other features, tools, materials, or other services (including co-branded or affiliated services) offered from time to time by FanDuel are referred to here as the “Service.” Please read these Terms and Conditions (“Terms” or “Terms and Conditions”) carefully before using the Service. By using or otherwise accessing the Service, or clicking to accept or agree to these Terms where that option is made available, you (1) accept and agree to these Terms and the Rules and Scoring for each contest you enter and (2) consent to the collection, use, disclosure and other handling of information as described in our Privacy Policy and (3) any other terms, rules and conditions of participation in particular contests issued by FanDuel from time to time.If you do not agree to the Terms, then you may not access or use the Content or Services.

FanDuel may issue additional terms, rules and conditions of participation in particular contests. For example, FanDuel may issue conditions on eligibility as required by various state rules and regulations, which may impact your experience or participation on the Service. By entering a contest, you agree to be subject to those rules as well. To the extent there a conflict between a specific contest’s rules and these terms, those additional rules shall govern.

2. Modification of Terms and Conditions

Except for Section 15, providing for binding arbitration and waiver of class action rights, FanDuel reserves the right, at its sole discretion, to modify or replace the Terms and Conditions at any time. The most current version of these Terms will be posted on our Site. You shall be responsible for reviewing and becoming familiar with any such modifications. You will be notified of material changes before they come into effect. Any such revision will be binding and effective from such date as is specified in such notice. Use of the Services or entry into any subsequent Contest by you after any modification to the Terms constitutes your acceptance of the Terms and Conditions.

3. Eligibility

You represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these terms and to abide by and comply with these terms. By depositing money or entering a contest, you are representing and warranting that:

• you are of 18 years of age or older (21 years of age or older in Massachusetts, Iowa, Arizona, & Louisiana, 19 years of age or older in Alabama);

• you are a citizen or resident of the United States or Canada and that you have an address in the United States or Canada;

• at the time of deposit or paid game entry you are physically located in the United States in a jurisdiction in which participation in the contest is not prohibited by applicable law;

• at the time of deposit or paid game entry you are physically located in the United States in a jurisdiction in which participation in the contest is not prohibited by applicable law;

• at the time of deposit or paid game entry you are not entered into any self-limited or government agency self-exclusion program or otherwise excluded by a government agency, FanDuel or one of its affiliates;

• you will abide at all times by these Terms and Conditions and any other agreements between you and FanDuel about your use of the Service or participation in games;

• when entering a paid contest, you are not physically in of any of these states: Arizona, Arkansas, Connecticut, Hawaii, Idaho, Iowa, Louisiana, Maryland, Michigan, Missouri, Montana, Nevada, New Jersey, Pennsylvania, South Carolina, South Dakota, Tennessee, Washington or West Virginia;

• you are not subject to backup withholding tax because: (a) you are exempt from backup withholding, or (b) you have not been notified by the Internal Revenue Service (IRS) that you are subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified you that you are no longer subject to backup withholding;

• you are not an employee of FanDuel or of Game Taco or any of their subsidiaries or affiliates;

• You do not, through past or present affiliation with a gaming operator or developer, have access to information about non-public confidential game design or functionality information that provides a competitive advantage.

If FanDuel determines that you do not meet the eligibility requirements of this section, then you cannot use the Service. FanDuel may require you to provide proof that you are eligible to participate according to this section prior to receiving a prize. This includes by requesting that you fill out an affidavit of eligibility or other verification information (as discussed in Section 4 below). If FanDuel otherwise determines that you do not meet the eligibility requirements of this section, along with any rights that FanDuel may have in law or equity, FanDuel reserves the right to terminate your account, withhold or revoke the awarding of any prizes associated with your account or limit your ability to withdraw. In such a situation, FanDuel may pay out any withheld or revoked prizes to the other entrants in the relevant contest in a manner consistent with the prize structure of the contest, to be precisely determined by FanDuel in its sole discretion. FanDuel also reserves the right to withhold revoked prizes to use to support its fraud prevention or anti-money laundering efforts.

Employees of FanDuel or Game Taco may not enter any public contests on FanDuel Faceoff. If such a person enters a FanDuel Faceoff contest that awards prizes, FanDuel will disqualify the entry, will not award a prize, and will report such person’s violation. Employees of FanDuel or Game Taco are only permitted to enter private contests against other employees.

Relatives of FanDuel employees with whom they share a household are not eligible to participate in paid contests unless they are private contests with other FanDuel employees or household members. FanDuel consultants or promoters of the Service may play in contests without such limitation, but only if (i) their arrangement with FanDuel does not permit them to have any access to non-public design specifications or any other data not made available to all players on the Service and (ii) they receive no other advantages in their play on the Service.

FanDuel offers proactive tools and support meant to encourage healthy player behavior and deliver positive player experiences. We also allow qualified third parties, who have concerns about a player’s ability to manage his or her play, to request a limitation on that player’s use of FanDuel Services. You can learn more about our responsible play policies and tools at https://www.fanduel.com/responsible

4. Conditions of participation

4.1 Registration

In order to participate in a contest on the Service, you must register for an account. By registering as a user of the Service, you agree to provide accurate, current, and complete information about yourself as prompted (such information being the “Registration Data”) and maintain and promptly update the Registration Data to keep it accurate, current, and complete. If you provide any information that is inaccurate, not current, or incomplete, or FanDuel has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, FanDuel may deny you access to areas requiring registration, or terminate your account, at its sole discretion.

You may establish, maintain, use and control only one account on the Service. Each account on the Service may only be owned, maintained, used and controlled by one individual. For avoidance of doubt, users may not “co-own” accounts on the Service. If FanDuel determines that you have opened, maintained, used or controlled more than one account, along with any other rights that FanDuel may have, FanDuel reserves the right to suspend or terminate any or all of your accounts and terminate, withhold or revoke the awarding of any prizes.

You agree that the sole and specific purpose of creating an account on FanDuel is to participate in contests on the Service. FanDuel may suspend, limit or terminate your account if we determine, in our sole discretion, that you are depositing funds without the intention of using them in contests on the Service. In such circumstances, we may also report such activity to relevant authorities

4.2 Account Password and Security

At the time of registration for online account access, you must provide a valid email address and supply a Username and Password to be used in conjunction with your account. You may not use a Username that promotes a commercial venture or a Username that FanDuel in its sole discretion deems offensive. Many portions of the Service require registration for access (““Restricted Areas”). You are responsible for maintaining the confidentiality of Password and are fully responsible for all uses of your Username and Password, whether by you or others. You agree to (a) never to use the same Password for the Service that you use or have ever used outside the Service; (b) keep your Username and Password confidential and not share them with anyone else; (c) immediately notify FanDuel of any unauthorized use of your Username and Password or account or any other breach of security; and (d) use only your own Username and Password to access the Service’s Restricted Areas. FanDuel cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

You acknowledge and agree that FanDuel is authorized to act on instructions received through the use of your Username and Password, and that FanDuel may, but is not obligated to, deny access or block any transaction made through use of your Username and Password without notice if we believe your Username and Password are being used by someone other than you, or for any other reason.

FanDuel may require you to change your Username or may unilaterally change your Username.

4.3 Communications and Information Practices

As a result of your registration for the Service, you may receive certain commercial communications from FanDuel. You understand and agree that these communications are part of your registration, and that, to the extent required by law, you may opt out of receiving these communications at any time by either using the unsubscribe functionality or emailing info [at] fanduel [dot] com. Following such an opt-out, we may still communicate with you via email to the extent permitted or required by applicable law.

4.4 Disqualification and Cancellation

FanDuel also reserves the right to cancel contests, in our sole discretion, with no restrictions.

FanDuel, in its sole discretion, may disqualify you from a contest or the entire Service, refuse to award prizes and require the return of any prizes, or suspend, limit, or terminate your account if you engage in conduct FanDuel considers, in its sole discretion, to be improper, unfair, fraudulent or otherwise adverse to the operation of the Service or in any way detrimental to other users. Improper conduct includes, but is not limited to:

• falsifying personal information, including payment information, required to use the Service or claim a prize;

• violating eligible payment method terms, including the terms of any cash rewards payment card;

• accumulating points or prizes through unauthorized methods such as unauthorized bots, scripts, or other automated means;

• tampering with the administration of the Service or trying to in any way tamper with the computer programs associated with the Service;

• obtaining other entrants’ information and spamming other entrants; abusing the Service in any way; or

• otherwise violating these Terms and Conditions.

You acknowledge that the forfeiture and/or return of any prize shall in no way prevent FanDuel from informing the relevant authorities, and/or pursuing criminal or civil proceedings in connection with such conduct.

If for any reason the Service is not running as originally planned (e.g., if the Site becomes corrupted or does not allow the proper usage and processing of entries in accordance with the rules, or if infection by a computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in the sole opinion of FanDuel corrupts or affects the administration, security, fairness, integrity or proper conduct of the Service), FanDuel reserves the right, in its sole discretion, to disqualify any individual implicated in or relating to the cause and/or to cancel, terminate, extend, modify or suspend the Service, and select the winner(s) from all eligible game entries received. If such cancellation, termination, modification or suspension occurs, notification may be posted on the Site.

The failure of FanDuel to comply with any provision of these Terms due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside the control of FanDuel (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Terms.

4.5 Deposits and Withdrawals Generally

By depositing funds or entering paid contests, you agree to provide us with a valid mailing address, email address, date of birth and social security number and any other information we may require in order to run appropriate identity checks and comply with applicable rules and regulations. If necessary, you may have to provide appropriate documentation that allows us to verify you.

We also may conduct checks for Terms compliance, including anti-fraud checks on playing patterns and deposits before processing a withdrawal, and we may request additional information before permitting a withdrawal. Subject to such checks, you may close your account and withdraw your deposits and/or winnings at any time and for any reason.

Deposits, and player winnings after contests are finished, are held in a separate, segregated bank account by a subsidiary of FanDuel SG LLC. These funds belong to you, subject to review for evidence of fraud, verification or other prohibited conduct as described above, and FanDuel may not use them to cover its operating expenses or for other purposes. Your withdrawals will be made from this segregated bank account, and checks issued from that account may bear the name of FanDuel SG LLC’s subsidiary.

FanDuel may limit the amount a user can deposit into his or her account in accordance with state-imposed deposit limits.

When you have participated in a promotion to receive a bonus or other benefit, you may have to play through your deposit (by entering contests) whose total entry fees equal the value of the deposit to receive the entirety of such bonus.

4.6 Taxation

Any individual who has won or has otherwise been awarded a net amount of $600 or more from Faceoff contests or other related business activities over the previous year must promptly provide FanDuel with certain required customer information such as updated address and social security details (via our online Form W-9 equivalent input site within the account settings) unless the most current customers information has already been provided to FanDuel before the end of a calendar year. This customer information will be used to allow FanDuel to comply with tax regulations and may be shared with the appropriate taxing authorities as required by law. FanDuel may request this information at any time via mail, email or any alternative means considered reasonable. By agreeing to these Terms & Conditions, you agree to provide FanDuel with this required customer information so that FanDuel can meet its regulatory requirements and you acknowledge that any failure to provide the necessary customer information promptly may result in immediate account suspension. Any such suspension from using the platform will not be lifted until sufficient customer information is provided to FanDuel. By agreeing to these Terms & Conditions, you are also confirming your understanding that knowingly providing fraudulent customer information can result in FanDuel taking protective actions including indefinitely suspending you from using any FanDuel product and platform.

You, not FanDuel, are responsible for filing and paying all applicable taxes on any winnings. Any informational tax forms FanDuel is legally required to provide to its customers (such as Form 1099-MISC) do not constitute tax advice. FanDuel does not provide tax advice and no statements in this agreement or on the Service can be construed as tax advice.

By agreeing to these Terms, you are consenting to electronic delivery of all informational tax forms such as Form 1099 and Form W-2G.

4.7 Publicity

By entering a contest, you consent to FanDuel’s and its service providers’ and business partners’ use of your name, voice, likeness, location and photograph in connection with the development, production, distribution and/or exploitation (including marketing and promotion) of the selected contest and/or other FanDuel contests and FanDuel generally, unless otherwise prohibited by law. FanDuel SG LLC and its business partners reserve the right to make public statements about the entrants and winner(s), on-air, on the internet, or otherwise, prior to, during, or following the contest. Entrants agree that FanDuel may announce any winner's name on-air or on any of its websites or any other location at any time in connection with the marketing and promotion of FanDuel or other contests or games operated by FanDuel Inc. You agree that participation in and (where applicable) the winning of a prize in connection with a contest constitute complete compensation for your obligations under this paragraph, and you agree not to seek to charge a fee or impose other conditions on the fulfillment of these obligations. The rules specific to certain contests may contain additional publicity obligations or may require a written signature on a separate publicity waiver.

4.8 Disconnections

FanDuel shall not be liable for any failure to enter a contest for any reason or you being disconnected from the Service, including, but not limited to, failure or disconnection of computer, telecommunications services, internet or otherwise, and the balance of your Account will at all times be as is recorded on our server.

5. Game Rules

5.1 Game of Skill

FanDuel Faceoff offers games of skill. Winners are determined by the criteria and scoring stated in each game and contest’s rules. For each contest, winners are determined by the individual’s use of strategy, knowledge and skill relevant to games offered by the Service. Points are accumulated through the player’s performance in the game for which a player entered a contest.

5.2 Skill Matching

FanDuel Faceoff aims to provide contests that offer a competitive gaming experience that is fun, fair, and exciting for all players. FanDuel Faceoff uses a unique system to match opponents of similar skill and experience. The matching system uses many factors including, but not limited to,:

• How many games participants have played;

• How well participants have played or scored in specific competition types

• Participants’ Average or highest scores

• Participants’ wins and losses; and

• Availability of opponents of similar profiles as defined abov

For all competitions, FanDuel Faceoff ensures the game conditions are similar for all players within a specific competition. You can learn more about the skill matching system in our FAQ.

5.3 Entry fees

Each FanDuel Faceoff contest has an entry fee listed in US dollars. When you opt to participate in a contest, that amount in US dollars will be debited from your FanDuel account. Then, follow the rules and instructions within the game to earn points in the allotted time. If a dispute occurs regarding the identity of the person submitting an entry, the entry will be considered submitted by the person in whose Username the entry was submitted, or if possession of the Username itself is contested and in FanDuel’s opinion sufficiently uncertain, the name in which the email address on file was registered with the email service provider. FanDuel reserves the right not to award a prize to an individual it believes in its sole discretion did not play the winning entry.

Users may not cancel entries once they have entered a contest. Once gameplay has begun, users must play through the whole timer or puzzle to earn a full score and will be unable to cancel or restart the game session.

5.4 Contest Term

FanDuel Faceoff offers contests for games of skill that generally take place over the course of a single day, and sometimes for longer periods. Rules for each specific game and contest offered on FanDuel can be found within the Tutorial and Game Rules provided for each game.

5.5 Prizes

After each contest ends, the winners are announced (generally by the next day at latest) but remain subject to final verification and confirmation of eligibility. The players in each contest who accumulate the most points and comply with eligibility requirements and applicable rules will win prizes as stated in the posted contest details. Prizes are added to the winning player's account balance. If a tie occurs, the prize is divided evenly between the tied players, unless otherwise specified.

FanDuel Faceoff offers several different contests. For each contest, FanDuel will announce the entry fees and prizes in advance on the contest page. For a summary of entry fees and prizes for currently open contests please login and visit the game’s lobby.

We may, but are not obligated to, make adjustments in the event of noncompliance with the Terms. FanDuel need not delay the awarding of a prize in anticipation of any adjustment, and we reserve the right to reverse payments in the event of any adjustment. You agree to cooperate with our efforts to reverse payments.

No substitution or transfer of a prize is permitted. All taxes associated with the receipt or use of any prize are the sole responsibility of the winner. If awarding any prize to any winner(s) of the Contest is challenged by any legal authority, FanDuel reserves the right in its sole discretion to determine whether to award or adjust such prizes. In all disputes arising out of the determination of the winner of FanDuel contests, FanDuel Inc is the sole judge, and its actions are final and binding.

5.6 Notification

Winners are generally posted on the Site after each contest. To claim their prizes, Winners may be requested to return via email or regular mail: (a) an affidavit of eligibility and (b) a publicity agreement and appropriate tax forms by a specified deadline. Failure to comply with this requirement can result in disqualification. Any prize notification returned as undeliverable may result in disqualification and selection of an alternate winner. In addition, a list of winners and winner's names for each competition period may be obtained by writing to: FanDuel SG LLC; 1 Madison Avenue, 23rd Floor, New York, NY 10010.

5.7 Bonuses and Promotions

We often offer bonuses to newly depositing users, users who play multiple FanDuel Faceoff contests/games, and for other marketing purposes. These bonuses are issued as non-withdrawable credits that can only be used for entry into paid FanDuel Faceoff contests (“Bonus”) or as a discounted entry which deducts a said percentage of an entry fee paid by the player to a specific game title, game mode or game entry price point and provides the delta between the full entry fee at the time of entry to make up the difference (“Discounts”). Bonuses and Discounts are offered via Faceoff’s rewards page/tab or provided on a one-off basis for marketing purposes. However, any winnings therefrom are immediately withdrawable. Any unused discounted entry will expire within 24 hours and Bonus Cash will be automatically withdrawn from your Faceoff account Seven (7) days after receipt.

FanDuel Faceoff may also offer FanDuel Points, or FDP, in accordance with the terms of a promotion or for other marketing purposes at FanDuel’s sole discretion.

We often offer monetary credits for players competing in Giveaway/Free to enter contests or for referring new users to FanDuel. FanDuel reserves the right to reclaim these credits if players do not use them to enter real money contests within 1 month of their initial crediting, or within the minimum amount of time allowed by applicable law. These credits can be used to enter real money contests but cannot be immediately withdrawn.

5.8 Achievements

We offer some FanDuel Faceoff users an app feature called “Achievements”. With Achievements, users can earn badges of different levels for completion of in-game actions, and score or game milestones. Achievements and user badges are not based on a user/player’s skill level but based on the difficulty of the individual Achievement. Earning an Achievement does not in and of itself earn a player direct winnings or bonus, but the earning of some in-game action or score Achievements may also be tied to a promotion in the Faceoff rewards page/tab.

6. Conduct

You agree that you will not use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by FanDuel. This includes, but is not limited to, your agreement not to do the following:

• abuse, harass, impersonate, intimidate or threaten other FanDuel users;

• post or transmit, or cause to be posted or transmitted, any Content that are infringing, libelous, defamatory, abusive, offensive, obscene, pornographic or otherwise violates any law or right of any third party;

• use the Service for any unauthorized purpose, or in violation of any applicable law, including intellectual property laws;

• post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account or private information from any FanDuel user;

• create or submit unwanted email (”Spam”) to any other FanDuel users;

• infringe on the intellectual property rights of FanDuel, its users or any third party;

• submit comments linking to affiliate programs, multi-level marketing schemes, sites repurposing existing stories or off-topic content;

• post, email, transmit, upload, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed or functioning to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

• use any robot, spider, scraper, sniping software or other automated means to access the Service for any purpose (except for RSS feed access) without our express written permission. You also agree that you will not: (1) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (2) interfere or seek to interfere with the proper working of the Service or any activities conducted on the Service; or (3) bypass any measures we may use to prevent or restrict access to the Service;

• use artificial means, including creating multiple user accounts, to inflate your position and standing with the FanDuel leaderboards and community or to manipulate your fair match ranking on the site;

• use unauthorized bots, debuggers, clock-skewing software, memory scanners, scripts, or any other software, hardware, or mechanical method to assist play;

• advertise to, or solicit, any user to buy or sell any products or Service, or use any information obtained from the Service to contact, advertise to, solicit, or sell to users without their prior explicit consent;

• sell or otherwise transfer your profile;

• attempt to influence the play of any other user playing on the site;

• collude with other players to earn higher scores;

• play intentionally poorly in certain games or undertake any other action in attempt to achieve a competitive advantage through skill-matching or to otherwise attempt to manipulate FanDuel’s skill matching criteria to your advantage;

• enter into contests, by any means including multi-accounting, for which you are ineligible to participate (for example, beginner contests when you are not a beginner).

Violation of our rules may result in the removal of your Content from the Service, forfeiture of winnings, and/or the canceling of your account. You acknowledge and agree that FanDuel may remove any User Content (as defined below) and terminate any FanDuel account at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content). To report Terms and Conditions violations, please contact us.

6.1 User Content

You understand that all Content made available on the Service by a user (“User Content”), including, but not limited to, profile information and communications with other users, whether privately transmitted or made publicly available, is the sole responsibility of the person from which such User Content originated. This means that you, not FanDuel, are entirely responsible for all User Content that you upload, post, share, email, transmit, or otherwise make available via the Service. Under no circumstances will FanDuel be liable in any way for any User Content.

You acknowledge that FanDuel may or may not pre-screen User Content, but that FanDuel and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, permanently delete, undelete, modify and/or move any User Content available via the Service. Without limiting the foregoing, FanDuel and its designees have the right to remove any User Content that violates these Terms or is otherwise objectionable in FanDuel's sole discretion. You understand that by using the Service, you may be exposed to User Content that you may consider to be offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or disclosure of any User Content. You also acknowledge and agree that you bear the sole risk of reliance on any Content available on or through the Service.

As for User Content, you submit or otherwise make available on or to the Service, you grant FanDuel an irrevocable, fully sub-licensable, perpetual, world-wide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such User Content (in whole or in part), and to incorporate such User Content into other works, in any format or medium now known or later developed.

You are solely responsible for your interactions with other users of the Service. FanDuel reserves the right, but has no obligation, to monitor disputes between you and other users.

7. Indemnity

You agree to release and to indemnify, defend and hold harmless FanDuel and its parents, subsidiaries, affiliates and agencies, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities, from and against any and all losses, liabilities, expenses, damages, costs (including attorneys’ fees and court costs) claims or actions of any kind arising or resulting from your use of the Service, your violation of these Terms and Conditions, your receipt, ownership, use or misuse of any prize, and any of your acts or omissions that implicate publicity rights, defamation or invasion of privacy. FanDuel reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with FanDuel in the defense of such matter.

8. Warranty disclaimers

You expressly understand and agree that your use of the Service is at your sole risk. The Service (including the Service and the Content) are provided on an “AS IS” and “as available” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. You acknowledge that FanDuel has no control over, and no duty to take any action regarding: which users gain access to or use the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release FanDuel from all liability for you having acquired or not acquired Content through the Service. The Service may contain, or direct you to other websites containing information that some people may find offensive or inappropriate. FanDuel makes no representations about any Content contained in or accessed through the Service, and FanDuel will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.

9. Limitation on liability

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE AND SERVICE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE AND SERVICE MAY NOT BE SECURE AND MAY BE INTERCEPTED OR LATER ACQUIRED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE AND SERVICE IS AT YOUR OWN RISK. RECOGNIZING SUCH, YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER FANDUEL NOR ITS SUPPLIERS OR LICENSORS WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES OR ANY OTHER DAMAGES BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY (EVEN IF FANDUEL HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE SITE OR SERVICE; THE USE OR THE INABILITY TO USE THE SITE OR SERVICE; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR SERVICE; ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; ANY INCORRECT, ILLEGIBLE, MISDIRECTED, STOLEN, INVALID OR INACCURATE ENTRY INFORMATION; HUMAN ERRORS; TECHNICAL MALFUNCTIONS; FAILURES, INCLUDING PUBLIC UTILITY OR TELEPHONE OUTAGES; OMISSIONS, INTERRUPTIONS, LATENCY, DELETIONS OR DEFECTS OF ANY DEVICE OR NETWORK, PROVIDERS, OR SOFTWARE (INCLUDING, BUT NOT LIMITED TO, THOSE THAT DO NOT PERMIT AN ENTRANT TO PARTICIPATE IN THE SERVICE); ANY INJURY OR DAMAGE TO COMPUTER EQUIPMENT; INABILITY TO FULLY ACCESS THE SITE OR SERVICE OR ANY OTHER WEBSITE; THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ENTRIES, IMAGES OR OTHER CONTENT OF ANY KIND; DATA THAT IS PROCESSED LATE OR INCORRECTLY OR IS INCOMPLETE OR LOST; TYPOGRAPHICAL, PRINTING OR OTHER ERRORS, OR ANY COMBINATION THEREOF; OR ANY OTHER MATTER RELATING TO THE SITE OR SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FANDUEL'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO FANDUEL FOR GENERAL USE OF THE SITE OR SERVICE DURING THE TERM OF YOUR REGISTRATION FOR THE SITE, NOT INCLUDING ANY ENTRY FEES FOR CONTESTS COMPLETED PRIOR TO THE CIRCUMSTANCES GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

10. Our proprietary rights

All title, ownership and intellectual property rights in and to the Service are owned by FanDuel or its licensors. You acknowledge and agree that the Service contains proprietary and confidential information protected by applicable intellectual property and other laws. Except as expressly authorized by FanDuel, you agree not to copy, modify, rent, lease, loan, sell, distribute, perform, display or create derivative works based on the Service, in whole or in part.

11. Links

The Service provides, or third parties may provide, links to other World Wide Web sites, applications or resources. Because FanDuel has no control over such sites, applications and resources, you acknowledge and agree that FanDuel is not responsible for the availability of such external sites, applications or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that FanDuel shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

12. Termination and suspension

FanDuel may terminate or suspend all or part of the Service and your FanDuel account immediately, without notice or liability, if you breach any of the terms or conditions of the Terms. Upon termination of your account, your right to use any FanDuel product will immediately cease. If you wish to terminate your FanDuel account, you may contact us via the Contact Form with a note to say you wish to terminate your account. The following provisions of the Terms survive any termination of these Terms: CONDITIONS OF PARTICIPATION (except for Registration and Account Password and Security); GAME RULES (only Bonuses and Promotions); CONDUCT (only User Content); INDEMNITY; WARRANTY DISCLAIMERS; LIMITATION ON LIABILITY; OUR PROPRIETARY RIGHTS; LINKS; TERMINATION; NO THIRD-PARTY BENEFICIARIES; BINDING ARBITRATION AND CLASS ACTION WAIVER; GENERAL INFORMATION.

If your account is subject to a suspension, you must respect the restrictions and limitations imposed on your account as part of the suspension, and you should communicate with FanDuel about restoration of your account only via support@fanduel.com.

13. No third-party beneficiaries

You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to the Terms.

14. Notice and procedure for making claims of copyright infringement

FanDuel may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who infringe the intellectual property of others. If you believe that your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, please provide FanDuel's Copyright Agent a written Notice containing the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

• a description of the copyrighted work or other intellectual property that you claim has been infringed;

• a description of where the material that you claim is infringing is located on the Service;

• your address, telephone number, and email address;

• a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

• a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

FanDuel's Copyright Agent can be reached in these ways: Mail: FanDuel SG LLC, 1 Madison Avenue, 23rd Floor, New York, NY 10010 Email: copyright@fanduel.com You can leave a voicemail for our Copyright Agent at 1-800-475-2250, but you cannot use this number to submit a Notice or to otherwise inform us of alleged copyright infringement. To be valid, a Notice must be in writing and must follow the instructions above. You also may use the contact information in this Section to notify us of alleged violations of other intellectual property rights.

15. Binding arbitration and class action waiver

PLEASE READ THIS SECTION 15 (THE “ARBITRATION AGREEMENT”) CAREFULLY – AS IT SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. YOU HAVE THE RIGHT TO OPT OUT OF THIS ARBITRATION AGREEMENT AS PROVIDED IN SECTION 15.7 BELOW.

15.1 Initial Dispute Resolution

Our Customer Support Department is available via the  Web and our App to address any concerns you may have regarding the Service. Our Customer Service Department can resolve most concerns quickly to our players’ satisfaction.

15.1.1. You and FanDuel agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost, and mutually beneficial outcome. You and FanDuel therefore agree that, before either you or FanDuel Demand individual arbitration against the other, you will make a good-faith effort to resolve informally any claim covered by this Arbitration Agreement. This requires first sending a written notice of the dispute (“Notice of Dispute”) to the other party. For any dispute you initiate, you agree to send the written description of the dispute along with the email address associated with your account to FanDuel Customer Service, using the link here. For any dispute that FanDuel initiates, we will send our written description of the dispute to the email address associated with your FanDuel account. The Notice of Dispute must be on an individual basis and provide, at minimum, the following information: your name; a description of the nature or basis of the claim or dispute; the email address associated with the account on file; and the specific relief sought. After receiving the Notice of Dispute you and FanDuel agree to personally meet and confer, via telephone or videoconference, to attempt to resolve the dispute. If you are represented by counsel, your counsel may participate in the conference, but you shall also personally attend the conference, unless FanDuel states in writing that you are not required to personally attend. The conference, if requested by either party, shall be individualized such that a separate conference must be held each time either party sends a Notice of Dispute, even if the same law firm or group of law firms or organizations represents multiple users in similar cases, unless all parties agree; multiple individuals cannot participate in the initial dispute resolution conference unless all parties agree.

15.1.2. If the dispute is not resolved within sixty (60) days after receipt of the Notice of Dispute. or after the completion of the initial dispute resolution conference, if requested, whichever is later, you and FanDuel agree to resolve any remaining dispute through the further dispute resolution provisions below.

15.1.3. The aforementioned informal dispute resolution process, including your personal participation in the meet and confer is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding. The parties agree that any applicable statute of limitations period and filing fees or other deadlines will be tolled while the parties engage in this informal dispute resolution process. The parties further agree that whether a complaining party has satisfied these Initial Dispute Resolution procedures, including whether a Notice of Dispute contained all required information, is an issue that can be decided by a court as a prerequisite to arbitration.

15.2 Binding Arbitration

15.2.1. Only after the parties have engaged in a good-faith effort to resolve the dispute in accordance with the Initial Dispute Resolution (Section 15.1), and only if those efforts fail, then either party may initiate binding arbitration, subject to the exceptions in Section 15.5 and the terms set forth below, as the sole means to resolve disputes using the procedures set forth in Section 15.6 below. To initiate an arbitration, subject to the requirements described in this Section 15, you or FanDuel must file a demand for arbitration (“Demand”) with the applicable arbitration provider. After filing a copy of the Demand with the arbitration provider, you must also email a copy to legal@fanduel.com. Merely emailing a Demand to FanDuel will not commence an arbitration proceeding. If FanDuel is initiating arbitration, it will serve a copy of the Demand to the email address associated with your FanDuel account. You and FanDuel agree that all claims, disputes, or disagreements arising out of or relating in any way to the interpretation or performance of the Agreement, which includes the Terms of Service (including its formation, interpretation, performance and/or breach) or payments by or to FanDuel, or that in any way relate to the provision or use of FanDuel services, your relationship with FanDuel, or any other dispute with FanDuel, shall be resolved exclusively through binding arbitration in accordance with this Section 15 (collectively, the “Arbitration Agreement”). This includes claims that arose, were asserted, or involve facts occurring before the existence of this Arbitration Agreement or the Terms as well as claims that may arise after the termination of this Arbitration Agreement or the Terms. This Arbitration Agreement is governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq., the "FAA"), including its procedural provisions, in all respects and evidences a transaction involving interstate commerce. You and FanDuel expressly agree that the FAA shall exclusively govern the interpretation and enforcement of this Arbitration Agreement. If the FAA does not apply to a particular dispute, the parties stipulate and agree that the New York Arbitration Act (“NYAA”) will apply. 

15.2.2 Except as set forth in Section 15.5, the arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the Terms, including without limitation, the interpretation, applicability, enforceability, revocability, scope, validity or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment of administrative or arbitrator fees (including the timing of such payments and remedies for nonpayment). The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator has the right to impose sanctions in accordance with the arbitration provider rules and procedures for any frivolous claims or submissions the arbitrator determines have not been filed in good faith, as well as for a party's failure to comply with Section 15.

15.2.3. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They 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. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU AND FANDUEL ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND HAVE A TRIAL BY JURY OR JUDGE TO THE MAXIMUM EXTENT PERMITTED BY LAW. There is no jury in arbitration, and court review of an arbitration award is subject to very limited review.

15.2.4. Except as set forth in Section 15.4 below, if any provision of this Arbitration Agreement is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions thereof remain in full force and effect.

15.3 Location

15.3.1. Subject to Section 15.6.6, if applicable, if you are a resident of the United States, and initiate arbitration, such arbitration will take place in the County where you reside, or if no arbitrator is available in that County, then at the closest arbitration location available in the state. Where FanDuel initiates arbitration, and for residents in Canada (and anywhere else outside the United States), arbitration shall be initiated in the County of New York, State of New York, United States of America, unless you and FanDuel otherwise agree or unless the designated arbitrator determines, based on a written objection, that such venue would be unreasonably burdensome to any party, in which case the arbitrator shall have the discretion to select another venue despite either party’s initial selection. For any arbitration conducted in New York, You and FanDuel agree to submit to the personal jurisdiction of any federal or state court in New York County, New York, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and in connection with any such proceeding, further agree to accept service of process by U.S. mail and hereby waive any and all jurisdictional and venue defenses otherwise available. The parties agree that arbitration may take place exclusively by video, where such arrangements are acceptable to the appointed arbitrator.

15.4 Waiver of Class and Other Non-Individualized Relief

15.4.1. YOU AND FANDUEL ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, EXCEPT AS SET OUT OTHERWISE IN THIS SECTION 15.4 AND SECTION 15.6 BELOW, ANY ARBITRATION SHALL BE CONDUCTED IN AN INDIVIDUAL CAPACITY ONLY AND NOT AS A CLASS OR REPRESENTATIVE ACTION AND THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTY’S CLAIM, UNLESS FANDUEL PROVIDES ITS CONSENT TO CONSOLIDATE IN WRITING.

15.4.2. If there is a final determination by a court or an arbitrator that applicable law precludes enforcement of Section 15.4’s limitations as to a particular remedy, then that remedy (and only that remedy) must be severed from the arbitration and may be sought in court. The parties agree, however, that any adjudication of remedies not subject to arbitration shall be stayed pending the outcome of any arbitrable claims and remedies. This provision does not prevent you or FanDuel from participating in a class-wide settlement of claims.

15.4.3. If there is a final determination by a court or an arbitrator that Section 15.4’s limitations is not enforceable as to a particular claim or request for relief, then the parties agree that that particular claim or request for relief may proceed in court but shall be severed and stayed pending arbitration of the remaining claims. This provision does not prevent you or FanDuel from participating in a class-wide settlement of claims.

15.5 Exceptions

15.5.1. Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights).

15.5.2. Either party may also seek a declaratory judgment or other equitable relief in a court of competent jurisdiction regarding whether a party’s claims are time-barred or may be brought in small claims court. Seeking such relief shall not waive a party’s right to arbitration under this agreement, and any filed arbitrations related to any action filed pursuant to this paragraph shall automatically be stayed (and any applicable statute of limitations tolled) pending the outcome of such action.

15.5.3. Either party may elect to have disputes regarding whether a complaining party has satisfied the Initial Dispute Resolution procedures set forth in Section 15.1 resolved by a court as a precursor to arbitration.

15.6 Arbitration Rules

15.6.1. The arbitration will be administered by National Arbitration and Mediation ("NAM") and resolved before a single arbitrator Except as modified by this "Binding Arbitration and Class Action Waiver" provision, NAM will administer any arbitration in accordance with the NAM Comprehensive Dispute Resolution Rules and Procedures, Fees For Disputes When One of the Parties is a Consumer, and Mass Filing Supplemental Dispute Resolution Rules and Procedures in effect at the time any Demand for arbitration is filed with NAM, excluding any rules or procedures permitting class or representative actions. The applicable NAM rules and procedures are available at www.namadr.com/resources/rules-fees-forms/ or by emailing NAM at commercial@namadr.com. 

15.6.2. The parties are responsible for their own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise. The parties agree that any arbitration provider has discretion to reduce the amount or modify the timing of any administrative or arbitration fees due under its rules where it deems appropriate (including as specified in Section 15.6.6, provided that such modification does not increase the costs to you, and you further agree that you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by the arbitration provider does not constitute a default, waiver, or breach of this Section 15 while such challenge remains pending before the arbitration provider, the arbitrator, and/or a court of competent jurisdiction, and that any and all due dates for those fees shall be tolled during the pendency of such challenge.

15.6.3. Any arbitration Demand or counterclaim asserted by either party must contain sufficient information to provide fair notice to the other party of the asserting party’s identity, the claims being asserted, and the factual allegations on which they are based, and must include proof that the claimant is party to this agreement by having created and/or registered an account with FanDuel. If the party requesting arbitration is represented by counsel, the Demand shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Demand. By signing the Demand, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that, consistent with the standards set forth in Federal Rule of Civil Procedure 11(b): (1) the Demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. The arbitrator and/or arbitration provider may require amendment of any Demand or counterclaim that does not satisfy these requirements. The arbitrator has the right to impose sanctions for any claims the arbitrator determines to be frivolous or improper (under the standard set forth in Federal Rule of Civil Procedure 11), including for any claim filed on behalf of a claimant who is not party to this agreement.

15.6.4. If the amount in controversy does not exceed $10,000 and you do not seek injunctive or declaratory relief, then the arbitration will be conducted solely on the basis of documents you and FanDuel submit to the arbitrator, unless the arbitrator determines that a hearing is necessary. If the amount in controversy exceeds $10,000 or seeks declaratory or injunctive relief, either party may request (or the arbitrator may determine) to hold a hearing, which shall be via videoconference or telephone conference unless the parties agree otherwise.

15.6.5. Subject to the applicable arbitration provider rules and procedures, the parties agree that the arbitrator will have the discretion to allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute. Subject to the NAM Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of arbitration. You and FanDuel agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys (or other representatives assisting in the prosecution or defense of the arbitration), accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.

15.6.6. Batch Arbitrations: To increase the efficiency of administration and resolution of arbitrations, you and FanDuel agree that in the event that there are 25 or more individual Demands of a substantially similar nature filed against FanDuel by or with the assistance of the same law firm, group of law firms, or organizations ("Claimant’s Counsel"), within a reasonably proximate period of time, NAM shall (1) administer the arbitration Demands in batches of 100 Demands per batch (or, if between 25 and 99 individual Demands are filed, a single batch of all those Demands, and, to the extent there are fewer than 100 Demands remaining after the batching described above, a final batch consisting of the remaining Demands); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch on a consolidated basis with one set of administrative fees due per batch, one procedural calendar, one hearing (if any) in a place to be selected by the arbitrator notwithstanding Section 15.6.3, and one final award, which will provide for any and all relief to which the arbitrator determines each individual party is entitled ("Batch Arbitration"). 

To promote efficiency and cost savings for the parties and to encourage informal resolution of disputes, NAM shall first administer a single batch of 100 randomly-selected Demands, which shall be adjudicated by a single arbitrator. The results of the first completed batch of Demands shall be provided to a mediator jointly selected by the parties (or, if the parties are unable to agree on a mediator, to a mediator selected from a group of 5 mediators proposed by NAM, with FanDuel and Claimant’s Counsel being able to strike one mediator each and then rank the remaining mediators and the highest collectively ranked mediator being selected). After the results of the first batch are provided to the mediator, FanDuel and Claimant’s Counsel and the mediator will have 90 days (the “Global Mediation Period”) to attempt in good faith to resolve the outstanding Demands.  If, following the Global Mediation Period, 25 or more Demands subject to the Batch Arbitration have not been resolved, NAM shall administer all remaining batches concurrently, to the extent possible, until all Demands are resolved.

All parties agree that Demands 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 issue(s) 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 NAM, and NAM shall appoint a sole standing Procedural Arbitrator or Emergency Arbitrator (the “Administrative Arbitrator”) to determine the applicability of the Batch Arbitration process. To expedite resolution of any such dispute, 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 paid by FanDuel.

You and FanDuel agree to cooperate in good faith with NAM to implement the Batch Arbitration process including the payment of single administrative fees for batches of Demands, 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 representative arbitration or action of any kind, except as expressly set forth in this provision, and nothing about the Batch Arbitration process will preclude any party from participating in any arbitration administered according to that process.

15.6.7. The arbitrator will render an award within the time frame specified in the applicable NAM rules and procedures. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law, the arbitral forum's rules, and this Arbitration Agreement. The parties agree that the damages and/or other relief must be consistent with Sections 15.4 and 15.6.2 above and also must be consistent with the terms of the "Limitation of Liability" section of these Terms as to the types and the amounts of damages or other relief for which a party may be held liable. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Attorneys' fees will be available to the prevailing party in the arbitration only if authorized under applicable substantive law governing the claims in the arbitration.

15.7 30-Day Right to Opt Out

15.7.1. You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice, signed by you, of your decision to opt out to the following address: FanDuel Inc., Attn: Legal, One Madison Ave, 23rd Fl, New York, NY 10010. The notice must be sent within 30 days of April 15, 2026 or your first use of the Service, whichever is later, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt out of these arbitration provisions, FanDuel also will not be bound by them. Any opt-out notice will be effective only if you sent it yourself, on an individual basis, and opt-out notices from any third party purporting to act on your behalf will have no effect on your or FanDuel’s rights. If you opt out of a new clause, the prior clause will continue to govern any disputes between you and FanDuel, unless you had opted out of that clause as well. You agree that, if at some point in the future FanDuel removes the Arbitration Agreement, restoring the right to proceed in court, no opt-out from that change would be required. FanDuel will continue to honor any valid opt-outs if you opted out of arbitration in a prior version of the Agreement pursuant to the requirements set forth in that version. If you do not timely opt out of this Arbitration Agreement, such action shall constitute mutual acceptance of the terms of these “Binding Arbitration and Class Action Waiver” provisions by you and FanDuel.

15.8 Changes to this Section

15.8.1. FanDuel will provide 30 days’ notice of any material changes to this clause. Changes will apply to all claims not yet filed. If you continue to use the site after the 30th day, or you affirmatively accept the changes sooner after having been provided notice, you agree that any unfiled claims are subject to the revised clause.

15.8.2. If you reject any such changes by opting out of the Arbitration Agreement, you may exercise your right to a trial by jury or judge, as permitted by applicable law, but any prior existing agreement to arbitrate disputes under a prior version of the Arbitration Agreement will not apply to claims not yet filed. If FanDuel changes this “Binding Arbitration and Class Action Waiver” section after the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement), you agree that your continued use of the Product(s) or Services 30 days after such change will be deemed acceptance of those changes. If you do not agree to such change, you may opt out by providing notice as described in Section 15.7.

15.9 Choice of Law and Forum Selection

15.9.1. If the Binding Arbitration and Class Action Waiver above is found not to apply to you or to a particular claim or request for relief, either as a result of your decision to opt out of the Agreement to Arbitrate or as a result of a decision by the arbitrator or a court order, you and FanDuel agree that any such a claim or request for relief will be resolved exclusively by a state or federal court located in New York, New York. You and FanDuel agree to submit to the personal jurisdiction of the courts located within New York, New York for the purpose of litigating all such claims, disputes, or matters.
For any dispute not subject to arbitration you and FanDuel agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in New York, NY. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.

15.9.2. The Terms and the relationship between you and FanDuel shall be governed by the laws of the State of New York without regard to conflict of law provisions.

15.10 Severability

15.10.1 Except as provided in Section 15.4.1 ("Waiver of Class or Other Non-Individualized Relief"), if any part or parts of this this Binding Arbitration and Class Action Waiver (other than Section 15.6.6 ("Batch Arbitration")) are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Binding Arbitration and Class Action Waiver shall continue in full force and effect. However, if Section 15.6.6 ("Batch Arbitration") of this Binding Arbitration and Class Action Waiver is found under the law to be invalid or unenforceable then, in that case, the entire Binding Arbitration and Class Action Waiver shall be void, and the parties agree that all disputes will be heard in the state or federal courts located in New York, New York as required in Section 15.9.1. 

16. APPLICATION LICENSE

Subject to your compliance with these Terms, FanDuel grants you a limited non- exclusive, non-transferable license to download and install a copy of the app on a device that you exclusively control and to run such copy of the app solely for your own personal use. FanDuel reserves all rights in and to the app not expressly granted to you under these Terms. You will not run any version of the app on a jailbroken device.
If you have downloaded our app, you agree to promptly download and install any new version that we make available through the iTunes App Store store, as
applicable. Some new versions may contain updated Terms. Some new versions may contain security fixes and service improvements, whether or not we disclose that they do. As a result, failure to promptly update your version of the App may in some cases expose you to increased security risks or Service malfunctions.

17. ADDITIONAL TERMS FOR OUR iOS APP

You acknowledge and agree that (i) these Terms are binding between you and FanDuel only, and Apple is not a party hereto, and (ii) as between FanDuel and Apple, it is FanDuel that is responsible for the app and the content thereof. You must use the iOS app only on an Apple-branded product that runs iOS. Your use of the app must comply with the Terms and Conditions applicable to the Apple source from which you obtain it (including the Usage Rules set forth in the Apple App Store Terms of Service). You acknowledge that Apple has no obligation to furnish you with any maintenance and support services with respect to the app.

You acknowledge that Apple is not responsible for addressing any claims you have or any claims of any third party relating to the app or your possession and use of the app, including, but not limited to (i) product warranty or liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; or (iv) claims that the app infringes a third party’s intellectual property rights.

In the event of any failure of the iOS version of the app to conform to any applicable warranty that has not been effectively disclaimed by these Terms, you may notify Apple, and Apple will refund the purchase price for the app (if any) to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the app, and, as between Apple and FanDuel, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be FanDuel’s responsibility, but only to the extent provided by these Terms. Please read the entire Terms, as other sections of these Terms limit FanDuel’s liability in this regard.

Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms. Upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary thereof. There are no other third-party beneficiaries of the Terms.

18. GENERAL INFORMATION

18.1 Entire Agreement

These Terms (and any additional terms, rules and conditions of participation in particular contests that FanDuel may post on the Service) constitute the entire agreement between you and FanDuel with respect to the Service and supersedes any prior agreements, oral or written, between you and FanDuel. In the event of a conflict between these Terms and the additional terms, rules and conditions of participation in particular contests, the latter will prevail over the Terms to the extent of the conflict.

18.2 Waiver and Severability of Terms

The failure of FanDuel to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

18.3 Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

18.4 Section Titles

The section titles in the Terms are for convenience only and have no legal or contractual effect.

18.5 Communications

Users with questions, complaints or claims about the Service may contact us using the relevant contact information set forth above.

18.6 Account Inactivity Fee and Dormancy Fee

If your FanDuel account has no activity for twenty-four (24) months, it will be considered inactive. FanDuel will assess a fee of $2.99 per month on all inactive accounts until the account is reactivated by entering a contest, making a deposit, or withdrawing funds. FanDuel will provide all users subject to an inactivity fee with at least thirty (30) days notice prior to deducting any fees.

If your account remains inactive for the time specified by applicable state law, usually between thirty-six (36) and sixty (60) months, it will be considered abandoned. Once an account is abandoned, FanDuel is required by state law to remit the abandoned funds to the appropriate state agency as unclaimed property. FanDuel may also charge additional fees associated with the delivery of abandoned funds to the applicable state agency.

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