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 may issue additional terms, rules and conditions of participation in particular contests. For example, FanDuel may issue conditions as required by various state rules and regulations, which may impact your experience or participation on the Service. You agree to be subject to those additional rules if you participate in such contests.
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.
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)
- you are a citizen or resident of the United States of America or Canada and that you have an address in the United States of America or Canada;
- at the time of deposit or game entry you are physically located in the United States of America or Canada in a jurisdiction in which participation in the contest is not prohibited by applicable law;
- you are not listed on any U.S. Government list of prohibited or restricted parties;
- when depositing funds or entering a paid contest, you are not physically located in of any of the following states: Alabama, Arizona, Hawaii, Idaho, Iowa, Louisiana, Montana, Nevada, Texas or Washington;
- 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.
- When entering any contest that awards prizes, you are not an employee or operator of another daily fantasy site that charges entrance fees or offers cash prizes
- You do not, by virtue of affiliation with another daily fantasy site, have access to the site’s pre-release non-public confidential data about contest-related information.
If FanDuel determines that you do not meet the eligibility requirements of this section, then you are not authorized to 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, in addition to 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 in furtherance of its fraud prevention or anti-money laundering efforts. FanDuel employees may use the Service for the purpose of testing the user experience, but may not withdraw money or prizes except when playing in a private league. 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 Service data or any other data not made available to all players on the Service and (ii) they do not receive any other advantages in their play on the Service.
Employees or operators of other daily fantasy sites that charge entry fees or offer cash prizes, including but not limited to DraftKings and Yahoo, and individuals who, by virtue of affiliation with another daily fantasy site, have access to the site’s pre-release non-public confidential data about game-related information may not enter any contests in which a real money prize is awarded. If such person enters a FanDuel contest that awards prizes, FanDuel will disqualify the entry, will not award a prize, and may report such person’s violation of this provision to the daily fantasy site for which the entrant is employed by, operates or affiliated with. Additionally, FanDuel may maintain information about the entrant sufficient to assist FanDuel in blocking the user from entering future FanDuel contests, unless and until FanDuel determines, in its sole discretion, that the entrant is no longer an employee or operator of another daily fantasy site or no longer has access to pre-release non-public confidential data about game-related information by virtue of affiliation with a daily fantasy site.
Athletes, coaches and other team management, team support personnel (e.g. without limitation, team physicians) and team owners may not participate in any FanDuel contests in the sport or sports with which they’re associated. Team owners, referees, league employees, sports commissioners and other individuals who through an ownership interest or game-related employment can influence the gameplay are likewise ineligible.
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. You can learn more about our responsible play policies and tools at https://www.fanduel.com/responsible.
FanDuel is not affiliated with or sponsored by the National Football League, the National Hockey League or Major League Baseball. You understand and agree that content provided on the Website content, including articles and information relating to daily fantasy sports and sports betting are provided for informational and educational purposes only and should not be construed as personalized advice, nor is any of the content intended to affect player’s decisions when engaging in contests. Our content is based on writers’ opinions and could contain errors. You should not make any contest decisions or actions based solely on what you read on the Website. It is your responsibility to make your own decisions and choices in the contests in which you engage. You further acknowledge and agree that neither www.theduel.com nor FanDuel shall 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 www.fanduel.com.
4. Conditions of participation
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. In the event FanDuel determines that you have opened, maintained, used or controlled more than one 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 prizes.
You agree that the sole and specific purpose of creating an account on FanDuel is to participate in fantasy sports contests on the Service. FanDuel shall be entitled to 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 (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 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 sending an email to info [at] fanduel [dot] com. Following such an opt-out, we may still communicate with you via email to the extent permitted by applicable law.
4.4 Disqualification and Cancellation
FanDuel also reserves the right to cancel contests, in our sole discretion, without any restrictions.
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 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 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.
4.5 Deposits and Withdrawals Generally
By depositing funds or entering paid contests, you agree to provide us with a valid mailing 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 be required to provide appropriate documentation that allows us to verify you. While your account is pending verification, you may be able to deposit funds into your account and participate in contests, but you will not be able to withdraw any funds from your account until verification is complete. If we are unable to verify you, we reserve the right to suspend your account and withhold any funds until such time as we have been able to successfully verify you.
We also may conduct checks for Terms compliance, including anti-fraud checks on playing patterns and deposits prior to 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, Inc. 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’s subsidiary.
FanDuel may limit the amount a user can deposit into his or her account in accordance with state-imposed deposit limits.
In cases where you have participated in a promotion to receive a bonus or other benefit, you may be required 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.
Each year all winners who have won $600 or more 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.
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 Inc 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 Inc 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.
5. Game Rules
5.1 Game of Skill
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 in sports events.
5.2 Entry fees
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 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 submit the winning entry.
Users may cancel entries up to 15 minutes prior to game start. If you timely cancel an entry, your entry fee will be refunded back into your FanDuel account. FanDuel has no obligation to honor cancellation requests received within 15 minutes of or after game start. Similarly, contests lock when the first game starts and no more entries or lineup changes may be made at that time.
5.3 Contest Term
FanDuel offers contests for professional sports events generally taking place on a single day or at most a week.
After each contest ends, the tentative winners are announced (generally by the following day) but remain subject to final verification. The players in each contest who accumulate the most fantasy points and comply with eligibility requirements and applicable rules will win prizes as set out in the posted contest details. Prizes are added to the winning player'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 winners are initially announced by FanDuel, the scoring results will not be changed in light of official adjustments made by the professional leagues, though we reserve the right to make adjustments based on errors or irregularities in the transmission of information to us from our stats provider or in our calculation of results. We also may make adjustments in the event of noncompliance with the Terms. FanDuel has no obligation to 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. 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 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.
Winners are generally posted on the Site 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, 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, Inc., 300 Park Avenue South, 14th Floor, New York, NY 10010.
5.6 Bonuses and Promotions
Full offer details available here
We frequently offer bonuses to newly depositing users and for other marketing purposes. Certain bonuses are awarded as a “pending bonus” earned gradually when users enter and complete paid contests. A user’s pending bonus is converted into a monetary credit that can be used to play on FanDuel as the user enters real money contests in accordance with the terms of the offer or promotion. Unless otherwise stated, any unconverted pending bonus remaining in a player’s account 45 days after it has been initially credited can be removed by FanDuel. Any credit 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 by any user, FanDuel reserves the right to retract your user bonuses.
FanDuel 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 frequently offer monetary credits for players competing in "Beat The Expert" competitions and Giveaway/Freeroll tournaments 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.
As a condition of use, 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;
- attempt to influence the play in any sporting event from which athletes are available for selection in FanDuel contests on FanDuel in which you are involved or in which you have a direct or indirect interest.