1. USER AGREEMENT
HALL OF FAME FANTASY SPORTS authorizes you to use the HALL OF FAME FANTASY SPORTS Site for purposes of participating in fantasy sports contests in which you must select a team of players through the use of your skill and knowledge of professional sports. HALL OF FAME FANTASY SPORTS is made available to you only for your own personal, non-commercial purposes. Use of the HALL OF FAME FANTASY SPORTS Site for any public or commercial purpose without an express written agreement with HALL OF FAME FANTASY SPORTS is strictly prohibited. As between you and HALL OF FAME FANTASY SPORTS Site.
By depositing money or entering a contest, you are representing and warranting that:
- you are of legal age to participate in fantasy sports contests in your jurisdiction of residence (18 years of age in most U.S. states; 19 years of age in Alabama and Nebraska; 21 years of age 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;
- when depositing funds or entering a paid, you are not physically located in any of the following U.S. States: Arizona, Alabama, Washington, Idaho, Montana, Nevada, Hawaii.
- listed on any U.S. Government list of prohibited or restricted parties;
- you are not subject to backup withholding tax because: (a) you are exempt from backup withholding, or (b) you have not been notified by the Internal Revenue Service (IRS) that you are subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified you that you are no longer subject to backup withholding.
- You are not an employee, officer, director, consultant, contractor, or agent of HALL OF FAME FANTASY SPORTS or any other company that provides daily fantasy sports contests nor are you an immediate family member of any officer, director, contractor or agent of any other company that provides daily fantasy sports contests.
- You are not a professional or amateur athlete whose individual statistics or performance may be used to determine any part of the outcome of a fantasy sports contest, or a sports agent, team employee, referee, or league official associated with an athletic competition that is the subject of fantasy sports contests.
- You will establish only one account to participate in the Site offered on the HALL OF FAME FANTASY SPORTS Site, and only you will operate the account.
If HALL OF FAME FANTASY SPORTS determines that you do not meet the eligibility requirements of this section, then you are not authorized to use the Site. HALL OF FAME FANTASY SPORTS 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. If HALL OF FAME FANTASY SPORTS otherwise determines that you do not meet the eligibility requirements of this section, in addition to any rights that HALL OF FAME FANTASY SPORTS may have in law or equity, HALL OF FAME FANTASY SPORTS 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, HALL OF FAME FANTASY SPORTS 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 HALL OF FAME FANTASY SPORTS in its sole discretion. HALL OF FAME FANTASY SPORTS also reserves the right to withhold revoked prizes to use in furtherance of its fraud prevention or anti-money laundering efforts. HALL OF FAME FANTASY SPORTS employees may use the Site for the purpose of testing the user experience, but may not withdraw money or prizes except when playing in a private league.
Employees or operators of other daily fantasy sites that charge entry fees or offer cash prizes, 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 HALL OF FAME FANTASY SPORTS contest that awards prizes, HALL OF FAME FANTASY SPORTS 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, HALL OF FAME FANTASY SPORTS may maintain information about the entrant sufficient to assist HALL OF FAME FANTASY SPORTS in blocking the user from entering future HALL OF FAME FANTASY SPORTS contests, unless and until HALL OF FAME FANTASY SPORTS 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 HALL OF FAME FANTASY SPORTS 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.
4. ACCOUNT REGISTRATION
You may establish, maintain, use and control only one account on the Site. Each account on the Site may only be owned, maintained, used and controlled by one individual. For avoidance of doubt, users may not “co-own” accounts on the Site. In the event HALL OF FAME FANTASY SPORTS determines that you have opened, maintained, used or controlled more than one account, in addition to any other rights that HALL OF FAME FANTASY SPORTS may have, HALL OF FAME FANTASY SPORTS 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 HALL OF FAME FANTASY SPORTS is to participate in fantasy sports contests on the Site. HALL OF FAME FANTASY SPORTS 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 Site. In such circumstances, we may also report such activity to relevant authorities.
5. ACCOUNT PASSWORD AND ACCESS
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 HALL OF FAME FANTASY SPORTS in its sole discretion deems offensive. Many portions of the Site require registration for access (the "Restricted Areas"). You are responsible for obtaining and maintaining all equipment and services needed for access to and use of the HALL OF FAME FANTASY SPORTS Site. 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 Site that you use or have ever used outside of the Site; (b) keep your Username and Password confidential and not share them with anyone else; (c) immediately notify HALL OF FAME FANTASY SPORTS 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 Site’s Restricted Areas. HALL OF FAME FANTASY SPORTS 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 HALL OF FAME FANTASY SPORTS is authorized to act on instructions received through the use of your Username and Password, and that HALL OF FAME FANTASY SPORTS 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.
HALL OF FAME FANTASY SPORTS may require you to change your Username or may unilaterally change your Username. YOU ARE SOLELY LIABLE FOR ANY LOSS INCURRED BY YOU, HALL OF FAME FANTASY SPORTS AND ANY THIRD PARTY DUE TO ANY UNAUTHORIZED USE OF YOUR ACCOUNT.
6. COMMUNICATIONS AND INFORMATION PRACTICES
As a result of your registration for the HALL OF FAME FANTASY SPORTS Site, you may receive certain commercial communications from HALL OF FAME FANTASY SPORTS. 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 [email protected].
7. DISQUALIFICATION AND ACCOUNT CANCELLATION
HALL OF FAME FANTASY SPORTS also reserves the right to cancel contests, in our sole discretion, without any restrictions.
If for any reason the Site is not running as originally planned due to improper conduct (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 HALL OF FAME FANTASY SPORTS corrupts or affects the administration, security, fairness, integrity or proper conduct of the Site), HALL OF FAME FANTASY SPORTS 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 Site, 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 HALL OF FAME FANTASY SPORTS 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 HALL OF FAME FANTASY SPORTS (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Terms.
8. DEPOSITS AND WITHDRAWALS
By depositing funds or entering paid contests, you agree to provide HALL OF FAME FANTASY SPORTS 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 your identity. 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 your identity, we reserve the right to suspend your account and withhold any funds until such time as we have been able to successfully verify your identity.
HALL OF FAME FANTASY SPORTS reserves the right to limit the amount a user can deposit into his or her account in accordance with deposit limits that may be imposed by applicable law.
By entering a contest and/or accepting a prize, you agree to allow HALL OF FAME FANTASY SPORTS and/or its designees and business partners the perpetual right, where lawful, to use your name, biographical information, location, voice, photos and/or likeness, and statements for promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered, worldwide, including but not limited to on the World Wide Web and Internet, without notice, review or approval and without additional compensation except where prohibited by law. IF YOU ARE CHOSEN AS A WINNER, YOUR PERSONAL IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, PLACING ENTRANT’S NAME ON A WINNERS LIST.
HALL OF FAME FANTASY SPORTS and its business partners reserve the right to make public statements about the contest participants and winner(s), on-air, on the Internet, or otherwise, prior to, during, or following the contest. You agree that HALL OF FAME FANTASY SPORTS 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 HALL OF FAME FANTASY SPORTS or other contests or games operated by HALL OF FAME FANTASY SPORTS. You agree that participation in and (where applicable) the winning of a prize in connection with a contest constitute full and fair consideration 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.
10. PROHIBITED USES
As a condition of use, you agree not to use the Site (a) in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law; (b) to stalk, harass, or harm another individual; (c) to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (d) to interfere with or disrupt the HALL OF FAME FANTASY SPORTS Site or servers or networks connected to the HALL OF FAME FANTASY SPORTS Site. You further agree not to (1) use any data mining, robots, or similar data gathering or extraction methods in connection with the Site; or (2) attempt to gain unauthorized access to any portion of the HALL OF FAME FANTASY SPORTS Site or any other accounts, computer systems, or networks connected to the HALL OF FAME FANTASY SPORTS Site, whether through hacking, password mining, or any other means.
In addition, you agree not to post or transmit, or cause to be posted or transmitted, any materials (“User Content”) that are infringing, libelous, defamatory, abusive, offensive, obscene, pornographic, vulgar, or otherwise in violation of any law or right of any third party; not to use the Site for any unauthorized purpose, or in violation of any applicable law, including intellectual property laws; not to 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 HALL OF FAME FANTASY SPORTS user; not to create or submit unwanted email ("Spam") to any other HALL OF FAME FANTASY SPORTS users; and not to infringe upon the intellectual property rights of HALL OF FAME FANTASY SPORTS, its users, or any third party.
Violation of our rules may result in the removal of your content from the Site and/or the cancellation of your account. You acknowledge and agree that HALL OF FAME FANTASY SPORTS may remove any User Content and terminate any HALL OF FAME FANTASY SPORTS 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). IN ADDITION, ANY ATTEMPT BY A USER TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF OUR CONTESTS IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT OCCUR, HALL OF FAME FANTASY SPORTS RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH USER TO THE FULLEST EXTENT AVAILABLE BY LAW.
11. USER CONTENT AND RIGHTS GRANTED BY YOU
You understand that all content created by users of the HALL OF FAME FANTASY SPORTS Site (“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 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 HALL OF FAME FANTASY SPORTS be liable in any way for any User Content uploaded, posted, shared, emailed, transmitted or otherwise made available via the Site.
You acknowledge that HALL OF FAME FANTASY SPORTS may or may not pre-screen User Content, but that HALL OF FAME FANTASY SPORTS and its designers 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, HALL OF FAME FANTASY SPORTS and its designers shall have the right to remove any User Content that violates these Terms or is otherwise objectionable in HALL OF FAME FANTASY SPORTS sole discretion. You understand that by using the Site, you may be exposed to User Content that you may consider 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.
You acknowledge that all User Content submitted become the property of HALL OF FAME FANTASY SPORTS and will not be returned. By entering a contest, you grant to HALL OF FAME FANTASY SPORTS and its agents, licensees, successors and assigns an unlimited, worldwide, irrevocable, perpetual license and right, but not obligation, to print, publish, reproduce, broadcast, exhibit, use, publicly display, distribute, edit, crop or otherwise exploit any create derivative works (as well as any name or likeness embodied therein) in any way, in any and all media, now known or hereafter devised, without limitation, in perpetuity and without further consideration or approvals. You hereby waive any intellectual property rights, publicity/privacy rights or other legal or moral rights relating to such use. BY SUBMITTING USER CONTENT, YOU AGREE THAT SUCH USER CONTENT, ALONG WITH YOUR NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, IMAGE OR STATEMENTS ABOUT THE CONTEST, MAY BE POSTED ON THE SITE OTHER SOCIAL MEDIA PLATFORMS, THE INTERNET, TELEVISION, RADIO, AND PRINT AT HALL OF FAME FANTASY SPORTS SOLE DISCRETION, AND YOU ACKNOWLEDGE THAT YOUR USER CONTENT MAY BE REPOSTED BY THE PUBLIC OR OPEN TO PUBLIC COMMENTARY, FOR WHICH HALL OF FAME FANTASY SPORTS SHALL NOT BE LIABLE.
12. LIMITATION OF LIABILITY
HALL OF FAME FANTASY SPORTS is not responsible for the security of any information you send or receive during your use of the HALL OF FAME FANTASY SPORTS Site. You acknowledge and agree that HALL OF FAME FANTASY SPORTS is not responsible for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability, or garbled, corrupt or jumbled transmissions, service provider/Internet/web site/use net accessibility, availability, or traffic congestion, or any technical, mechanical, printing, or typographical or other error, or unauthorized human intervention, or the incorrect or inaccurate capture of registration information, or the failure to capture, or loss of, any such information. HALL OF FAME FANTASY SPORTS is not responsible for any incorrect or inaccurate information, whether caused by any web site users, tampering, hacking, or by any of the equipment or programming associated with or utilized in any contest, including server errors, viruses or otherwise, and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to any web site(s). HALL OF FAME FANTASY SPORTS is not responsible for any injury, including death, or damage, whether personal or property, to participants or to any third party’s computer related to or resulting from participating in any contest and/or accepting a prize. If, for any reason, any contest is not capable of running as planned, HALL OF FAME FANTASY SPORTS reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the contest and/or proceed with the contest, including the selection of the winner, in a manner it deems fair and reasonable including the selection of the winner from among eligible entries received prior to such cancellation, termination, modification or suspension.
HALL OF FAME FANTASY SPORTS MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON INFRINGEMENT AS REGARDS TO ANY PRIZE OR ANY COMPONENTS OF THE PRIZES. VOID WHERE PROHIBITED, AS SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES. IN NO EVENT WILL HALL OF FAME FANTASY SPORTS BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE HALL OF FAME FANTASY SPORTS SITE, SERVICES, MATERIALS OR ANY OTHER MEDIUM ASSOCIATED WITH HALL OF FAME FANTASY SPORTS. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE HALL OF FAME FANTASY SPORTS WEBSITE AND APP IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
13. EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that HALL OF FAME FANTASY SPORTS may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of HALL OF FAME FANTASY SPORTS' liability shall be the minimum permitted under such applicable law.
15. LINKS TO THIRD-PARTY WEBSITES
Some links on the HALL OF FAME FANTASY SPORTS Site may link to third-party sites. Such links are provided solely as a convenience to you. If you use these links, you will leave the HALL OF FAME FANTASY SPORTS Site. HALL OF FAME FANTASY SPORTS is not obligated to review such third-party websites, does not control such third-party websites, and is not responsible for any such third-party websites or their content (or the products, services, or content available through the same). Thus, HALL OF FAME FANTASY SPORTS does not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to the HALL OF FAME FANTASY SPORTS Site, you do so entirely at your own risk.
HALL OF FAME FANTASY SPORTS and any other product or service name or slogan or logo contained in HALL OF FAME FANTASY SPORTS Site are trademarks of HALL OF FAME FANTASY SPORTS or its suppliers or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of HALL OF FAME FANTASY SPORTS or the applicable trademark holder. Ownership of all such trademarks and the goodwill associated therewith remains with HALL OF FAME FANTASY SPORTS or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing any name, trademark, or product or service name of HALL OF FAME FANTASY SPORTS without HALL OF FAME FANTASY SPORTS prior written permission. In addition, the look and feel of the Site (including all page headers, custom graphics, button icons, and scripts) is the service mark, trademark, and/or trade dress of HALL OF FAME FANTASY SPORTS and may not be copied, imitated, or used (in whole or in part) without HALL OF FAME FANTASY SPORTS' prior written permission. Reference to any products, services, processes, or other information, by trade name, trademark, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by HALL OF FAME FANTASY SPORTS.
17. GOVERNING LANGUAGE