IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 15
You hereby represent and warrant that you are a natural person (corporate entities and similar organizations are not eligible to use the FanDuel Service for any purpose) and 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.
In order to deposit money to play paid entry games you must be able to represent and warrant that:
If you do not meet the eligibility requirements of this section, then do not use the FanDuel Service. In addition to any other rights that FanDuel may have in law or equity, FanDuel reserves the right to suspend or terminate the account (and terminate, withhold or revoke the awarding of any prizes associated with such account) of any purported user of the FanDuel service that does not meet the foregoing requirements. FanDuel may require you to provide proof that you are eligible to participate according to this section prior to receiving a prize.
You may establish only one account per person to participate in the activities offered on the FanDuel service. In the event FanDuel discovers that you have opened more than one account per person, 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 prizes.
FanDuel employees may use the FanDuel service for the purpose of testing the user experience, but may not withdraw money or prizes for themselves. FanDuel consultants or promoters of the site may play in contests without limitation. These individuals do not have any access to non-public site data or any other data not made available to all players on the site and will not receive any other advantages in their play on the site.
Athletes may not participate in any FanDuel contests in which they or any part of their team are available for selection.
In order to participate in contest on the Site, you must register for an account. By registering as a user of the Site, 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, at its sole discretion.
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. Many portions of the Site require registration for access (the "Restricted Areas"). You are responsible for maintaining the confidentiality of your Username and Password, and are fully responsible for all uses of your Username and Password, whether by you or others. You agree to (a) keep your Username and Password confidential and not share them with anyone else; (b) immediately notify FanDuel of any unauthorized use of your Username and Password or account or any other breach of security; and (c) use only your Username and Password to access the Site'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 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.
As a result of your registration for the Site, you may receive certain commercial communications from FanDuel related to content found on the Site. You understand and agree that these communications are part of your registration, and that 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.
FanDuel, in its sole discretion, may disqualify any entrant from the service, refuse to award fantasy points or prizes and require the return of any prizes, if entrant engages in conduct FanDuel deems to be improper, unfair or otherwise adverse to the operation of the service or in any way detrimental to other entrants. Improper conduct includes, but is not limited to: falsifying personal information required to use the service or claim a prize; violating any of these rules, accumulating points or prizes through unauthorized methods such as automated 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 this service; obtaining other entrants information and spamming other entrants; and abusing the FanDuel website in any way. Entrant further acknowledges that the forfeiture and/or return of any prize shall in no way prevent FanDuel from pursuing criminal or civil proceedings in connection with such conduct. Further this service MAY NOT BE USED FOR ANY FORM OF GAMBLING.
FanDuel and any partners are not responsible for: any incorrect, invalid or inaccurate entry information; human errors; technical malfunctions; failures, including public utility or telephone outages; omissions, interruptions, latency, deletions or defects of any telephone system or network, computer online systems, data, computer equipment, servers, providers, or software (including, but not limited to, software and operating systems that do not permit an entrant to participate in the service), including without limitation any injury or damage to any entrant's or any other person's computer equipment relating to or resulting from participation in the service; inability to access any website, or any web pages of FanDuel; theft, tampering, destruction, or unauthorized access to, or alteration of, entries and/or images of any kind; data that is processed late or incorrectly or is incomplete or lost due to telephone, computer or electronic malfunction or traffic congestion on telephone lines or transmission systems, or the Internet, or any service provider's facilities, or any phone site or website or for any other reason whatsoever; typographical, printing or other errors, or any combination thereof.
FanDuel and any partners are also not responsible for incomplete, illegible, misdirected or stolen entries. If for any reason the service is not capable of running as originally planned, or if the service or website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper usage and processing of entries in accordance with the rules, or if infection by a computer (or similar) 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 such action 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 will be posted on the FanDuel website.
The failure of FanDuel to comply with any provision of these rules 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.
No professional sports league nor any team associated with any professional sports league is a sponsor or in any way affiliated with this service.
By entering a Contest, you consent to the use of your name, voice, likeness, 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, unless otherwise prohibited by law. Contest winners agree that, from the date of notification of their status as a potential winner, and continuing until such time when notified that they no longer need to do so, they will make themselves available to FanDuel Inc for publicity, advertising and promotional activities relating to the Contest or other FanDuel Contests. FanDuel Inc and 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. 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. Entrants agree that FanDuel Inc may announce any winner's name on-air or on any of its websites at any time in connection with the marketing and promotion of FanDuel Contests or other contests or games operated by FanDuel Inc.
FanDuel is a game of skill. Winners are determined by the criteria stated in each contest's rules. For each contest, winners are determined by the individuals who use their skill and knowledge of relevant professional sports information and fantasy sports rules to accumulate the most fantasy points. Fantasy points are accumulated through the performance of individual athletes across multiple sports events. All entries in FanDuel must be made up of players drawn from a minimum of two sporting events.
Each FanDuel 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 links and instructions provided for entry. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the person in whose Username the entry was submitted, or if possession of the Username itself is contested, the name in which the email address on file was registered with the email service provider.
FanDuel offers contests for multiple professional sports events taking place on a single day or at most a week.
After each contest ends, prizes are awarded (generally by 10 AM ET the following day). The players in each contest who accumulate the most fantasy points will win prizes as set out in the posted contest details. Prizes are added to the winning team's account balance. In the event of a tie, the prize is divided evenly between the tied players, unless otherwise specified.
FanDuel offers a number of different types of contests. For each contest, we 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 main lobby.
Prize calculations are based on the results as of the time when final scoring is tabulated by FanDuel. Once prizes are awarded, the scoring results will not be changed regardless of any official adjustments made by the professional leagues.
No substitution or transfer of prize is permitted. All taxes associated with the receipt or use of any prize are the sole responsibility of the winner. In the event that the awarding of any prizes to winners of the Contest is challenged by any legal authority, FanDuel reserves the right in its sole discretion to determine whether or not to award such prizes.
Winners are generally posted on the FanDuel website after the conclusion of each contest by 10 AM ET on the following day. Winners may be requested to return via email or regular mail an affidavit of eligibility and appropriate tax forms. 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, FanDuel.com, 10th Floor, 41 E 11th St, New York, NY 10003.
In early January each year all winners who have won $600 or more (net of all entry fees) over the previous year will be contacted to provide address and social security details. These details will be used to file a 1099-MISC with the Internal Revenue Service.
We frequently offer bonuses to newly depositing users and for other marketing purposes. Pending bonus is converted into a players cash account as the player enters real money contests. Unless otherwise stated, any unconverted pending bonus remaining in a players account 45 days after it has been initially credited can be removed by FanDuel. Any cash bonus a new user receives is for entry into competitions on FanDuel and can only be withdrawn if they have been previously entered into at least one game. Additionally, if a user immediately withdraws money after a deposit which delivers a deposit bonus then the bonus will be retracted. In the event of abuse of the bonus system, FanDuel reserves the right to retract user bonuses.
We frequently offer cash rewards for players competing in "Beat The Expert" competitions and Giveaway/Freeroll tournaments. FanDuel reserves the right to reclaim these funds if players do not use them to enter real money contests within 1 month of their initial crediting. These funds can be used to enter real money contests but can not be immediately withdrawn.
You understand that all 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 Site. Under no circumstances will FanDuel be liable in any way for any User Content uploaded, posted, shared, emailed, transmitted or otherwise made available via the Site.
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, and/or move any User Content available via the Site. 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 Site, 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 Site.
With respect to User Content you submit or make available on the Site, 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 Site. FanDuel reserves the right, but has no obligation, to monitor disputes between you and other users.
By using the FanDuel service or accepting any prize, entrants, including but not limited to the winners, you agree to release and to hold harmless FanDuel and each of their respective parents, subsidiaries, affiliates and agencies, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities from any and all liability, claims or actions of any kind whatsoever, including, but not limited to, for injuries, damages or losses to persons and property which may be sustained in connection with participation in the service, the receipt, ownership, use or misuse of any prize and claims based on publicity rights, defamation or invasion of privacy.
You expressly understand and agree that your use of the Site is at your sole risk. The Site is provided on an "AS IS" and "as available" basis. The service, content, and site are provided on an "as is" 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 the Site or use the Site; 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 Site or the Site. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. FanDuel makes no representations concerning any content contained in or accessed through the Site, and FanDuel will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site.
YOU UNDERSTAND AND AGREE THAT FANDUEL SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FANDUEL HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (iv) ANY OTHER MATTER RELATING TO THE SITE. 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 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.
All title, ownership and intellectual property rights in and to the Site are owned by FanDuel or its licensors. You acknowledge and agree that the Site 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 modify, rent, lease, loan, sell, distribute or create derivative works based on the Site, in whole or in part.
The Site provides, or third parties may provide, links to other World Wide Web sites or resources. Because FanDuel has no control over such sites and resources, you acknowledge and agree that FanDuel is not responsible for the availability of such external sites 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.
You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to the Terms or this Agreement.
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 work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide FanDuel's Copyright Agent a Notice containing the following information:
FanDuel's Copyright Agent for Notice of claims of copyright or other intellectual property infringement can be reached in the following ways:
Mail: FanDuel.com, 10th Floor, 41 E 11th St, New York, NY 10003
Email: info [at] fanduel [dot] com
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT
Initial Dispute Resolution: Our Customer Support Department is available by phone (917-525-4538) or via the web to address any concerns you may have regarding the Site. Our Customer Service Department is able to resolve most concerns quickly to our players’ satisfaction. The parties shall use their best efforts through this Customer Service process to settle any dispute, claim, question, or disagreement and good faith negotiations which shall be a condition to either party initiating a lawsuit or arbitration.
Binding Arbitration: If the parties do not reach an agreed upon solution within a period of 30 days from the time informal dispute resolution 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 this Agreement (including its formation, performance and breach), the parties’ relationship with each other and/or your use of the Site shall be finally settled by binding arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the American Arbitration Association (the “AAA”), excluding any rules or procedures governing or permitting class actions.
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 this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. 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.
The Commercial Arbitration Rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at +1.800.778.7879. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, FanDuel will pay the additional cost. 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. The arbitration rules also permit you to recover attorney’s fees in certain cases. 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.
Location. If you are a resident of the United States, arbitration will take place at any reasonable location within the United States convenient for you. For residents in Canada, arbitration shall be initiated in the County of New York, State of New York, United States of America, and 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.
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 any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
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 seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
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., 41 E 11th Street, 10th Floor, New York City, New York, NY10003 The notice must be sent within 30 days of 08/20/2013 or your first use of the Site, 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.
Changes to this Section. FanDuel will provide 60-days’ notice of any changes to this section. Changes will become effective on the 60th day, and will apply prospectively only to any claims arising after the 60th day.
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 conflict of law provisions.
These Terms constitute the entire agreement between you and FanDuel with respect to the Site and supersedes any prior agreements, oral or written, between you and FanDuel.
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 a court of competent jurisdiction to be invalid, the parties nevertheless agree that the 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.
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 Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the Terms are for convenience only and have no legal or contractual effect.