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Terms of Use

Effective Date: August 18, 2021

IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 15.

1. Acceptance of Terms

FanDuel, Inc. (“FanDuel”, “we”, “us” or “our”) provides an events-focused mobile application called the “FanDuel FanFest App” (the “App”), which App includes text, images, audio, code and other material/content provided in and in connection with the App (collectively, the “Content”), and all of the events, tickets, features, tools, services, promotions, games, contests and other services made available through the App (collectively with the App, the “Service”). Please read these Terms of Use (the “Terms” or “Terms of Use”) 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; (2) consent to the collection, use, disclosure and other handling of information as described in our App Privacy Policy; and (3) agree to any additional terms, rules and conditions of participation (“Additional Terms”), including in connection with in any event offered through the App (each, an “Event”) from time to time, including, without limitation, our Event Liability Waiver and Release of Claims. If you do not agree to the Terms, then you may not access or use the Content or Service. Further, FanDuel may post or otherwise provide Additional Terms for participation in particular promotions, games, giveaways and contests we make available in the App or at the Events. For example, FanDuel may issue official rules as required by various state rules and regulations, which may impact your participation in such promotion. You agree to be subject to those Additional Terms if you participate in such promotions, games, giveaways or contests. To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.

2. Modification of Terms of Use

Except for Section 15 of these Terms providing for binding arbitration and waiver of class action rights, FanDuel reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time. The most current version of these Terms will be posted on our App. You shall be responsible for reviewing and becoming familiar with any such modifications. If a revision to the Terms, in our sole discretion, is material, we will notify you by contacting you through the email address associated with your account. Use of the Service by you after any modification to the Terms constitutes your acceptance of the terms of use as modified.

3. Eligibility

By using the Service or attending an Event, you represent and warrant that: (i) at the time your use of the App or attendance at the Event you will be at least twenty-one (21) years of age (and at least the age of majority in your state/jurisdiction of residence) and physically located in the U.S., with the exception of any state/jurisdiction in which participation in the App or Event is not prohibited by applicable law and/or by these Terms; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. If you visit any of our gambling sites or services, you must be at least twenty-one (21) years of age, be a resident of the state where we offer gambling services and a different set of terms will apply to your use of our gambling sites and services. Employees of FanDuel or its affiliates, their respective relatives, agents or agents’ relatives are not eligible to win prizes. The Service may not be used for any form of illicit gambling. You hereby 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.

4. Conditions of Participation

4.1 Registration

In order to participate on the Service or attend an Event, 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 (1) account on the Service. Each account on the Service may only be owned, maintained, used and controlled by one (1) individual. For avoidance of doubt, users may not “co-own” accounts on the Service. In the event FanDuel determines that you have opened, maintained, used or controlled more than one (1) account, in addition to 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 tickets to an Event or prizes.

4.2 Account Password and Security

At the time of registration for 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 (the “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 of 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 prior 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 Attending Events

As a condition of attending any Event offered through the Service, you will be required to first obtain a ticket through the App and your receipt of a ticket is expressly conditioned upon your agreement to our Event Liability Waiver and Release of Claims (link), which is incorporated into these Terms by this Reference.

To the extent you have been invited by FanDuel to an Event gratis, you acknowledge and agree that you are solely responsible for any state, federal and local taxes and fees of any type associated with your receipt and/or use of any tickets to an Event or trip provided by FanDuel to attend the Event, including, without limitation, income taxes and sales and use taxes, and any other expenses not specified in your invitation (including, without limitation, meals, gratuities, in-room charges, travel expenses, transfers, taxes, and ground transportation) are your sole responsibility. You hereby acknowledge that FanDuel is not responsible for any costs or taxes that you may incur in connection with the Event or the trip. You further acknowledge that a 1099 Misc. Tax Form for the total value of the Event and/or trip may be filed with the Internal Revenue Service.

You understand that you are liable for any injury or damage caused, or claimed to be caused, by participation in the Event or by use or redemption of any trip provided by FanDuel. You acknowledge that FanDuel has not arranged for or will carry any insurance of any kind for your benefit or that of your heirs, executors or assigns or administrators relative to your use or enjoyment of the Event and/or trip; and that you are solely responsible for obtaining and paying for any life, accident, property or other insurance relative to your use or enjoyment of the Event and trip.

You agree to maintain your behavior at the Event in accordance with Section 6 below and all applicable laws and generally accepted social practices in connection with participation in any Event- or trip- related activity. You understand and agree that FanDuel has the right, in its sole discretion, to disqualify and remove you from any activity at any time if your behavior at any point is disruptive or may or does cause damage to person, property or the reputation of FanDuel or otherwise violates the policies of the trip providers.

4.4 Communications and Information Practices

As a result of your account registration for the Service, you may receive certain commercial communications from FanDuel. You understand and agree that these commercial 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 sending an email to info [at] fanduel [dot] com. Following such an opt-out, we may still communicate with you via email to send you transactional communications and otherwise to the extent permitted by applicable law.

4.5 Disqualification and Cancellation

FanDuel also reserves the right to cancel promotions, games giveaways and contests, in our sole discretion, without any restrictions.

FanDuel, in its sole discretion, may disqualify you from a promotion or the entire Service, refuse to award points or prizes and require the return of any prizes, or suspend, limit, or terminate your account if you engage in conduct FanDuel deems, in its sole discretion, to be improper, unfair, fraudulent or otherwise adverse to the operation of the Service, Event 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, violating any of these rules, accumulating points or prizes through unauthorized methods such as unauthorized scripts or other automated means; tampering with the administration of the Service, Event or trying to in any way tamper with the computer programs associated with the Service or Event; obtaining other entrants’ information and spamming other entrants; and abusing the Service or Event in any way; or otherwise violating these Terms of Use. 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 App 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 entries received. If such cancellation, termination, modification or suspension occurs, notification may be posted on the App.

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 of 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.

4.6 Taxation

Each year all winners who have won or received gifts of $600 or more from FanDuel over the previous year must provide updated address and social security details to FanDuel. These details will be used to allow FanDuel to comply with tax regulations and may be shared with appropriate tax authorities. You, not FanDuel, are responsible for filing and paying applicable state and federal taxes on any winnings. FanDuel does not provide tax advice, nor should any statements in this agreement or on the Service be construed as tax advice.

4.7 Publicity

By entering a contest or attending an Event, 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 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 apps or 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. 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. You hereby acknowledge and agree that you reserve no rights with respect to such uses and that any and all of the rights granted to FanDuel herein are freely assignable by FanDuel.

5. Promotion Rules

5.1 Promotions

Event attendees will be able to attend the Event and view the promotions, games, giveaways and contests available for entry. Each promotion, game, giveaway or contest description will include a description of how you win a prize (if applicable). Winners are determined by the specific criteria described in the promotion’s official rules. To the extent that we offer ‘live’ statistics during gameplay, all ‘live’ statistics and other information provided through the App and related information sources are unofficial. Live gaming statistics and their respective components are offered for informational and/or entertainment purposes only and are not used to determine the results of our promotions. While we and the third parties used to provide the services made available through the App use reasonable efforts to include accurate and up-to-date information, neither FanDuel nor its third party providers warrant or make any representations of any kind with respect to the information provided through the App and related information sources. App and its third party service providers shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available via the App and related information sources, and shall not be responsible or liable for any error or omissions in that information.

5.2 Prizes

After each promotion ends, the tentative winners are announced (generally by the following day) but remain subject to final verification. The players in each promotion who accumulate the most fantasy points and comply with eligibility requirements and applicable rules will win prizes as set out in the posted in the promotion details. Prizes won are added to the winning participants account balance or sent direct to the winner via email or mail. In the event of a tie, prizes are divided evenly amongst the participants that have tied. Any difference between the approximate retail value (“ARV”) and actual retail value of a prize will not be awarded to winners. The prize must be accepted as awarded and participants hereby acknowledge that the prize is awarded “as is” and we have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the prize, including, without limitation, to the prize’s quality, merchantability or fitness for a particular purpose or express warranties (if any) provided exclusively by a prize supplier that are sent along with the prize. The prize is non-transferable, with no cash redemptions, equivalents or substitutions, except at our sole and absolute discretion. The prize details and availability are subject to change, and in the event that we are unable to provide the winner with his/her prize, we may elect, at our sole and absolute discretion, to provide winner with the approximate value of such item in cash or award an alternate prize of comparable or greater value. The stated ARV of the prize is based on available information provided to us and the value of any prize awarded to a winner may be reported for tax purposes as required by law. The winners will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prize they receive. We reserve the right to withhold and/or deduct such taxes and charges from the prize if and to the extent required by applicable law. All prizes will be awarded provided that a sufficient number of eligible entries are received.

5.3 Notification

A list of winners and winner's names for each promotion offered may be obtained by writing to: FanDuel, Inc., 300 Park Avenue South, 14th Floor, New York, NY 10010.

6. Code of Conduct

As a condition of use of the Service, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by FanDuel. By way of example, and not as a limitation, you agree not to:

  • 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 upon 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. Additionally, you 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 attempt 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 leader boards and community;
  • use unauthorized scripts; all authorized scripts will be made available through the Service prior to game entry;
  • advertise to, or solicit, any user to buy or sell any products or Service, or use any information obtained from the Service in order to contact, advertise to, solicit, or sell to users without their prior explicit consent;
  • sell or otherwise transfer your profile; and
  • enter into contests, by any means including multi-accounting, for which you are ineligible (e.g., beginner contests when you are not a beginner).
 

Violation of our rules above 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 of Use violations, please contact us.

FanDuel seeks to foster a safe, comfortable, and enjoyable experience at Events in which:

  • Event attendees respect and appreciate each other.
  • Attendees will enjoy the Event without engaging in disruptive behavior, including foul or abusive language and obscene gestures.
  • Attendees will consume alcoholic beverages in a responsible manner. Intervention with an impaired, intoxicated or underage guest will be handled in a prompt and safe manner.
  • Attendees will sit only in their ticketed seats and show their tickets when requested.
  • Attendees who engage in fighting, throwing objects or attempting to enter restricted areas will be immediately ejected from the Event.
  • Attendees will smoke in designated smoking areas only.
  • Obscene or indecent messages on signs or clothing will not be permitted.
  • Attendees will comply with requests from staff regarding operations and emergency response procedures.
  • Attendees will comply with all COVID-19 health and safety protocols.


The staff has been trained to intervene when necessary to help ensure that the above expectations are met, and attendees are encouraged to report any inappropriate behavior to the nearest usher, security guard, or guest services staff member. Guests who choose not to adhere to FanDuel’s Code of Conduct will be subject to, removal from the Event without refund, revocation of their tickets, and/or prevention from attending future Events. They may also be in violation of local ordinances resulting in possible arrest and prosecution.

 

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, feedback, 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 shall 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 further acknowledge and agree that you bear the sole risk of reliance on any Content available on or through the Service.

With respect to 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, and you hereby, defend, indemnify, and hold FanDuel, its parent company and each of their employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, the “FanDuel Parties”) harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any FanDuel Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) your User-Generated Content; (ii) your use of the Service and your activities in connection with the Service, including, without limitation, any promotion, game, giveaway or competition you enter through your use of the Service; (iii) your attendance at any Event; (iv) your breach or alleged breach of these Terms or any Additional Terms; (v) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Service or your activities in connection with the Service; (vi) information or material transmitted through your device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; (vii) any other party’s access and/or use of the Service with your account; and (viii) FanDuel Parties’ use of the information that you submit to us (including your User-Generated Content) (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by FanDuel Parties in the defense of any Claim and Losses. Notwithstanding the foregoing, FanDuel Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. FanDuel Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a FanDuel Party.

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 the FanDuel Parties 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. The FanDuel Parties make no representations concerning 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 APP AND SERVICE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE APP 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 APP 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 APP OR SERVICE; THE USE OR THE INABILITY TO USE THE APP OR SERVICE; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE APP 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 APP OR SERVICE OR ANY OTHER APP OR 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 APP OR SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE FANDUEL PARTY'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 APP OR SERVICE DURING THE TERM OF YOUR REGISTRATION FOR THE APP, 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 that is 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, 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 account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms. Upon termination of your account, your right to use the Service 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 Sections of the Terms shall survive any termination of these Terms: 1, 2, 4, 5, 7, 8, and 9-18. 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 regarding 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 the following ways:

Mail: FanDuel, Inc., 300 Park Avenue South, 14th 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 CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

 

15.1 Initial Dispute Resolution

Our Customer Support Department is available by phone (646-930-0860) or via the web address any concerns you may have regarding the Service. Our Customer Service Department can resolve most concerns quickly to our customer’s satisfaction. The parties shall use their best efforts through this Customer Service process to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition to either party initiating a lawsuit or arbitration. Failure to engage in this process could result in the award of fees against you in arbitration.

15.2 Binding Arbitration

If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution begins under the Initial Dispute Resolution provision, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Service shall be finally settled by binding arbitration administered by JAMS in accordance with the provisions of its Streamlined Arbitration and Procedures, excluding any rules or procedures governing or permitting class or representative actions. 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 interpretation, applicability, enforceability 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 JAMS 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 parties agree that the arbitrator may allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. 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.

The Streamlined Arbitration Rules governing the arbitration may be accessed at www.jamsadr.com or by calling JAMS at (800) 352-5267. If you commence arbitration in accordance with these Terms, you will be required to pay $250 to initiate the arbitration. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, the arbitrator may require FanDuel to pay the additional cost. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise. If the arbitrator finds the arbitration to be non-frivolous, FanDuel will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim does not exceed $75,000. For claims above $75,000, fees and costs will be determined in accordance with applicable JAMS rules. The arbitration rules permit you to recover attorney’s fees in certain cases. 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. The arbitrator and/or JAMS may require amendment of any demand or counterclaim that does not satisfy these requirements. The arbitrator has the right to impose sanctions in accordance with JAMS Rule 24 for any claims the arbitrator determines to be frivolous or improper (under the standard set forth in Federal Rule of Civil Procedure 11).

The parties agree that JAMS has discretion to modify the amount or timing of any administrative or arbitration fees due under JAMS’s Rules where it deems appropriate, provided that such modification does not increase the costs to you, and 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 JAMS does not constitute a default, waiver, or breach of this Section 15 while such challenge remains pending before JAMS, the arbitrator, and/or a court of competent jurisdiction.

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.

15.3 Location

Arbitration will take place at any reasonable location within the United States convenient for you.

15.4 Class Action Waiver

The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND FANDUEL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If there is a final judicial determination that applicable law precludes enforcement of this Paragraph’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.

15.5 Exception - Litigation of Intellectual Property and Small Claims Court Claims

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). Either party may also elect to have disputes or claims resolved in a small claims court that are within the scope of that court’s jurisdiction. 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 in your state and county of residence. Seeking such relief shall not waive a party’s right to arbitration under this agreement.

15.6 30-Day Right to Opt Out

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 of your decision to opt-out to the following address: FanDuel, Inc., 300 Park Avenue South, 14th Floor, New York, NY 10010. The notice must be sent within thirty (30) days of 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.

15.7 Changes to this Section

FanDuel will provide thirty (30) days’ notice of any changes to this section. Changes will become effective on the 30th day. If you continue to use the App after the 30th day, you agree that any unfiled claims of which FanDuel does not have actual notice are subject to the revised clause.

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.

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

16. APP 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 or Google Play 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; accordingly, 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 of use 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) 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.

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 these 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 with respect to the Service may contact us using the relevant contact information set forth above. When you communicate with us electronically, such as via email and text message, you consent to receive communications from us electronically. Please note that we are not obligated to respond to inquiries that we receive. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

18.6 Operation of the Service

FanDuel controls and operates the Service from its U.S.-based offices in the U.S.A., and FanDuel makes no representation that the Service is appropriate or available for use beyond the U.S.A. If you use the Service from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. The Service may describe products and services that are available only in the U.S.A. (or only parts of it) and are not available worldwide. We reserve the right to limit the availability of the Service and/or the provision of any content, program, product, service, or other feature described or available on the Service to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service, or other feature that we provide. You and we disclaim any application to these Terms of the Convention on Contracts for the International Sale of Goods.

18.7 Investigations

FanDuel reserves the right, without any limitation, to: (i) investigate any suspected breaches of its Service security or its information technology or other systems or networks, (ii) investigate any suspected breaches of these Terms and any Additional Terms, (iii) investigate any information obtained by FanDuel in connection with reviewing law enforcement databases or complying with criminal laws, (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, (v) prosecute violators of these Terms and any Additional Terms, and (vi) discontinue the Service, in whole or in part, or, except as may be expressly set forth in any Additional Terms, suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party. Any suspension or termination will not affect your obligations to FanDuel under these Terms or any Additional Terms. Upon suspension or termination of your access to the Service, or upon notice from FanDuel, all rights granted to you under these Terms or any Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Service. The provisions of these Terms and any Additional Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to FanDuel in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.

18.8 Assignment

FanDuel may assign its rights and obligations under these Terms and any Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of FanDuel.

18.9 Connectivity

You are responsible for obtaining and maintaining all devices and other equipment and software, and all internet service provider, mobile service, and other services needed for your access to and use of the Service and you will be responsible for all charges related to them.