The Draft Guru® contests (collectively, the "Contests"), made available by and through the Draft Guru® website located at www.draftguru.net (the "Site"), are operated by Draft Guru LLC ("Draft Guru®," "we," "our" or "us"). These Draft Guru® Contest Rules (the "Contest Rules"), as well as the terms, conditions and Contest features that apply to each Contest individually as made available on the registration page applicable to each Contest (the "Lobby Rules," and together with these Contest Rules, the "Rules"), shall govern your ability to earn Prizes (as defined below) in connection with your participation in the Contests as a contestant ("Entrant"). Capitalized terms that are used but not defined herein shall have the meanings set forth in the Draft Guru® Website Terms and Conditions ("Terms").
Draft Guru® Agreements
Please review the Rules, and all applicable Draft Guru® Agreements, carefully, prior to participating in a Contest. If you do not agree to the terms of the Rules, and all applicable Draft Guru® Agreements, in their respective entirety, you are not authorized to become an Entrant in any Contest.
NOTICE: THE RULES CONTAIN DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY PROVISIONS AND INDEMNIFICATION PROVISIONS. THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THE RULES.
NEW JERSEY STATE RESIDENTS ARE ENCOURAGED TO REVIEW THEIR RIGHTS UNDER THE RULES, AS PROVIDED UNDER THE NEW JERSEY TRUTH-IN-CONSUMER CONTRACT WARRANTY AND NOTICE ACT ("TCCWNA").
The Contests are available only to individuals that: (a) are legal residents of, and that physically reside in, the United States (with restrictions applying to residents of Alabama, Arizona, Arkansas, Colorado, Delaware, Florida, Georgia, Hawaii, Idaho, Indiana, Iowa, Louisiana, Massachusetts, Michigan, Mississippi, Missouri, Montana, Ohio, Nevada, New Hampshire, New Jersey, New York, North Dakota, Pennsylvania, Tennessee, Texas, Vermont, Virginia and Washington, as well as Puerto Rico and where otherwise prohibited by law) (collectively, the "Restricted Territories"); (b) are at least: (i) eighteen (18) years of age, nineteen (19) years of age for residents of Alabama and Nebraska, or twenty-one (21) years of age for residents of Massachusetts; or (ii) the age of majority in their respective jurisdiction at the time of entry, if the age of majority is greater than eighteen (18) years of age in that jurisdictions; (c) can enter into legally binding contracts under applicable law; (d) are not an employee of Draft Guru® or any other daily, weekly, monthly, season-long or other fantasy sports provider, nor a member of any such employee's immediate family (nor living in such employee's household); and (e) are not associated with a college or professional athlete, or college or professional sports team, featured in any Contest in a way that creates, or could create, an unfair advantage in any Contest (collectively, "Eligibility Requirements"). If you do not satisfy the Eligibility Requirements, in their entirety, you may not access the Contests. Residents of the Restricted Territories may only participate in the Free Contests (as defined below).
WITHOUT LIMITING THE FOREGOING, AND WITHOUT EXCEPTION, ALL PROSPECTIVE ENTRANTS ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR ENSURING THAT PARTICIPATION IN A CONTEST IS NOT PROHIBITED BY ANY LAW APPLICABLE TO THAT PROSPECTIVE ENTRANT'S JURISDICTION OF RESIDENCE.
In order to become an Entrant in a Contest, you must either be a registered User, or submit a registration Form by and through the Site in order to apply to become a registered User. Draft Guru® reserves the right, in its sole discretion, to deny access to the Contests to anyone at any time and for any reason, whatsoever. The registration data that you must supply in order to become a registered User, and then an Entrant in a Contest, may include, without limitation, some or all of the following: (i) your full name; (ii) your e-mail address; (iii) your billing/mailing address; (iv) your state of residence; (v) your telephone number; (vi) your date of birth; (vii) your credit card or debit card information; (viii) your Social Security Number (for Prize winners, as defined below); (ix) your picture proof of identification, which may include a driver's license, passport, voting card or similar government issued identification (for Prize winners); and/or (x) any other information requested on the applicable form (collectively, the "Registration Data").
You agree to provide true, accurate, current and complete Registration Data and to update your Registration Data as necessary in order to maintain it in an up to date and accurate fashion. Draft Guru® will verify and approve all registrants in accordance with its standard verification procedures.
In seeking to register an Account by and through the Site, you are representing to us that you comply, in full, with all of the Eligibility Requirements and you agree to provide us, upon request, with such documentation as we may require from time-to-time to verify your age, identity and residency status. You acknowledge and agree that failure to provide any such documentation within a timely fashion may result in the suspension or termination of your Account, as well as forfeiture of any applicable Prizes awarded to you, without notice.
Only one (1) Account, and three (3) entries per Team (as defined below) in each Contest, is allowed per person. You shall be responsible, at all times, for ensuring that you have an Internet connection, computer/mobile device, up-to-date Internet browser versions, a functioning e-mail account, applicable software, applicable hardware and/or other equipment necessary to access the Contests. Draft Guru® does not guarantee the quality, speed or availability of the Internet connection associated with your mobile device and/or computer. Draft Guru® does not guarantee that the Contests can be accessed: (A) on all mobile devices; (B) through all wireless service plans; (C) in connection with all Internet browsers; or (D) in all geographical areas. Standard messaging, data and wireless access fees may apply to your participation in the Contests through your wireless device. You are fully responsible for all such charges and Draft Guru® has no liability or responsibility to you, whatsoever, for any such charges billed by your wireless carrier.
In addition to the foregoing, individuals are not permitted to access the Contests with a "Jail-Broken Mobile Device." For purposes of these Rules, a Jail-Broken Mobile Device is a Mobile Device that runs Apple's® iOS operating system (including the iPhone®, iPod touch®, iPad® and second-generation Apple TV®) that has had any of its iOS-based software restrictions removed via any procedure that is not fully endorsed and authorized by Apple®.
DRAFT GURU® IS NOT RESPONSIBLE FOR ATTEMPTED CONTEST AND/OR ACCOUNT REGISTRATIONS THAT ARE LOST, LATE, ILLEGIBLE, MISDIRECTED, DAMAGED, INCOMPLETE OR INCORRECT, OR FOR YOUR FAILURE TO PARTICIPATE IN, OR COMPLETE, A CONTEST. IF YOU FAIL TO ENTER A CONTEST INCLUDING, WITHOUT LIMITATION, WHERE YOU CANNOT ACCESS THE SITE FOR ANY REASON WHATSOEVER, YOU WILL NOT BE ABLE TO PARTICIPATE IN THAT PARTICULAR CONTEST.
Users should set personal limits regarding Entry Fees in Contests, and ensure that they are engaging in responsible Contest-playing behavior. Users shall be permitted to establish Entry Fee limits by using the applicable Account settings or using the methods set forth in the "Contact Us" section below ("Entry Fee Cap"). Where a User has established an Entry Fee Cap, that User shall not be able to submit an Entry Fee for any Contest where such Entry Fee would cause that User to exceed the Entry Fee Cap.
If, at any point, a User becomes concerned about the amount of money spent on Entry Fees in the Contests, she/he should cease further participation in the Contests. In addition, that User can contact us (using the methods set forth in the "Contact Us" section below) and request to be self-excluded for one (1) year, five (5) years or permanently.
Once a User self-excludes, we will block her/his Account. Any new Accounts she/he attempts to open during the applicable period of self-exclusion will also be blocked as soon as they are detected. In addition, we will take all reasonable measures to make sure that the User does not receive any promotional material during this time.
Finally, Draft Guru® reserves the right to exclude a User in Draft Guru's® sole discretion if Draft Guru® determines that there is a reasonable risk that the User is not using the Draft Guru® Offerings responsibly and that User refuses to self-restrict or self-exclude.
(a) Each Contest may contain certainterms, conditions and restrictions, as set forth in the applicable Lobby Rules including, without limitation: (i) the Entry Fee, Prize amount, and number of winners; (ii) the applicable Contest Duration; and (iii) the applicable professional sports league (each, a "League"). The Contests may have a limited number of openings, and Entrants will be accepted on a first come, first served basis. Once you have registered, and submitted your Entry Fee in connection with a Contest, you may withdraw from that Contest, and receive a refund of your Entry Fee, at any time prior to the commencement of that Contest.
(b) All Contests shall be posted by and through the Site as theybecome available for participation. Posting times may vary depending on the time and day of the first Game (as defined below) applicable to the Contest.
(c) In connection with submitting an entry in a Contest, each Entrant must select at least one (1) of the available professional sports teams (each a "Team") and complete mock draft selections for that Team based on the draft position, and players available, in the applicable Team's most recent real-world draft ("Draft"). The Entrant will have the same Draft position that the applicable Team had in the most recent Draft and may select from the same pool of amateur/collegiate players ("Players") that were available to that Team in each round of the Draft; provided, however, that the Entrant may not select the same Player that the Team's real-world general manager selected in any given round of the Draft other than the first and second rounds When an Entrant has completed a Player selection in each applicable round of the Draft, that Entrant may submit her/his Draft lineup ("Draft Lineup") for entry in the Contest. The exact size of the Draft Lineup in any given Contest will be based on the number of Draft picks that the applicable Team had in the corresponding Draft. Entrants must complete at least one (1) full Draft Lineup in connection with each Contest in order to be eligible to win a Prize in that Contest. Unless set forth to the contrary in the Lobby Rules, Entrants may complete up to three (3) Draft Lineups for each applicable Team in connection with each Contest. Unless set forth to the contrary in the Lobby Rules, Entrants shall be able to change their selected Draft Lineup(s) up until the applicable Contest's start time. If you have not selected a Draft Lineup as of the applicable Start Time, you will not be entered into that Contest. The available Leagues shall be determined by Draft Guru® in its sole discretion from time-to-time, and may include some or all of the following, as well as additional Leagues included by Draft Guru® from time-to-time: (i) the National Football League® ("NFL®"); (ii) Major League Baseball® ("MLB®"); (iii) the National Basketball Association® ("NBA®"); and/or (iv) the National Hockey League® ("NHL®").
IT IS PROHIBITED FOR TWO (2) OR MORE ENTRANTS TO COLLABORATE DURING A CONTEST OR TO ADOPT A STRATEGY (BEFORE OR DURING A CONTEST) IN ORDER TO GAIN AN ADVANTAGE OVER, AND/OR TO DISADVANTAGE, OTHER ENTRANTS. WITHOUT LIMITING THE FOREGOING, ENTRANTS ARE PROHIBITED FROM ENGAGING IN ANY OF THE FOLLOWING ACTIVITIES:
National Football League® and NFL® are registered trademarks of the National Football League. Major League Baseball® and MLB® are registered trademarks of Major League Baseball Properties, Inc. The National Basketball Association® and NBA® are registered trademarks of NBA Properties, Inc. The National Hockey League® and NHL® are registered trademarks of the National Hockey League. Please be advised that Draft Guru® is not in any way affiliated with the National Football League, Major League Baseball Properties, Inc., NBA Properties, Inc. and/or the National Hockey League, and neither Draft Guru® nor the Contests are endorsed or sponsored by any of the foregoing entities.
Entry Fees/Free Contests:
(a) In order to enter a paid Contest ("Paid Contest"), you must have enough money in your Account to pay the entry fee required to enter the applicable Contest ("Entry Fee"). You can enter as many Paid Contests as youwish, provided that you have sufficient funds in your Accountforthe applicable Entry Fees. The Entry Fee for each Contest shall be set forth in the Lobby Rules. Each Entrant's Account will be debited the applicable Entry Fee when she/he completes her/his Draft selections. You can deposit money into your Account via credit card or debit card. Charges will appear on your credit/debit card statement through the identifier "Draft Guru" OTHER THAN AS EXPRESSLY SET FORTH HEREIN, ALL ENTRY FEES ARE NON-REFUNDABLE.
(b) The Entry Fee and Prize amounts are quoted in U.S. Dollars and are payable in U.S. Dollars. Subject to the conditions set forth herein, you agree to be bound by the Billing Provisions of Draft Guru® in effect at any given time. Upon reasonable prior written notice to you (with e-mail sufficing), Draft Guru® reserves the right to change its Billing Provisions whenever necessary, in its sole discretion. Continued participation in the Contests after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the Billing Provisions shall not apply to any charges incurred prior to the applicable amendment or modification.
(c) Draft Guru's® authorization to bill for Account deposits and Entry Fees is obtained by way of your electronic signature. Once an electronic signature is submitted, the electronic order constitutes an electronic letter of agency. Draft Guru's® reliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively. Both laws specifically preempt all state laws that recognize only paper and handwritten signatures.
(d) Draft Guru® may offer free Contests from time-to-time which do not require an Entry Fee to enter and which may, or may not, offer an associated Prize to the applicable winner(s) ("Free Contests"). You can enter as many Free Contests as youwish.
Contest Duration and Start Time/Withdrawal:
(a) Contests may vary in duration fromstart to finish and may last one (1), two (2) or three (3) seasons for the applicable League, or such other interval, asdetermined by Draft Guru® in its sole discretion ("Contest Duration").
(b) Each Contest's start time ("Start Time") shall be set forth in the applicable Lobby Rules, and shall generally correspond to when the first official game in the applicable League ("Game") for the subject season is scheduled to commence. Contests are designed to close, andDraft Lineups are designed to lock, at the scheduled Start Time of the Contest.
(c) Each Contest requires at least three (3) Entrants, each with different Draft Lineups. Once you have registered, and submitted your Entry Fee in connection with a Contest, you may NOT withdraw that entry. Where a Contest does not attract at least three (3) Entrants, each with different Draft Lineups, the Contest shall be canceled and the Entry Fee(s) shall be refunded to the Account(s) of the applicable Entrant(s) that hadalready joined the Contest, if any.
TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, DRAFT GURU® IS NOT RESPONSIBLE FOR DRAFT LINEUP SELECTIONS THAT ARE LOST, LATE, ILLEGIBLE, MISDIRECTED, DAMAGED, INCOMPLETE OR INCORRECT, OR FOR YOUR FAILURE TO PARTICIPATE IN, OR COMPLETE, A SCHEDULED CONTEST. IF YOU FAIL TO COMPLETE A DRAFT LINEUP SELECTION OR ENTER A CONTEST INCLUDING, WITHOUT LIMITATION, WHERE YOU CANNOT ACCESS THE SITE FOR ANY REASON WHATSOEVER, YOU WILL NOT BE ABLE TO PARTICIPATE IN THAT CONTEST AND YOUR ENTRY FEE IS SUBJECT TO FORFEITURE.
Each Entrant will earn Contest points based on the performance, during the applicable Contest Duration, of the Players that are in her/his Draft Lineup(s) for the applicable Contest ("Points"), as per the specific League scoring system, as set forth in the Lobby Rules.
ALL DETERMINATIONS WITH RESPECT TO POINTS WILL BE MADE IN DRAFT GURU'S® SOLE AND ABSOLUTE DISCRETION, AND WILL BE FINAL AND BINDING ON ALL PARTIES INVOLVED.
Within ten (10) days of the end of the applicable Contest Duration, Draft Guru® will assign each Player in the Draft Lineups of all Entrants a comprehensive detailed performance score from 0-100 Points using a proprietary or publicly available Player performance metric. Each Draft Lineup will be given a Point total based on the sum of the performance score for each Player in that Draft Lineup. Please be advised that during the Contests, Draft Guru® receives live scoring from its third-party statistics providers. Live scoring statistics that appear during a Contest are subject to change by the applicable League.
ALL DETERMINATIONS WITH RESPECT TO POINTS, PROJECTED POINTS, WINNERS AND PRIZES WILL BE MADE IN DRAFT GURU'S® SOLE AND ABSOLUTE DISCRETION, AND WILL BE FINAL AND BINDING ON ALL PARTIES INVOLVED.
The Entrant with the most Points per Team at the end of the Contest Duration will be deemed the winner of that Contest among all Entrants submitting a Draft Lineup for that Team. Multiple winners per Team and per Contest may be established in the Lobby Rules for any given Contest. The winner(s) of the Contest will receive the applicable monetary, merchandise or other form of prize(s) specified in the applicable Lobby Rules (the "Prize"). In the event that two (2) or more Entrants finish in a tie with the same Point totals for any of the winning Prize tiers at the end of the Contest Duration: (a) the Prize amounts shall be divided equally amongst all winners with the same Point total as if each were a winner of that tier's Prize, as well as the Prize(s) for the next tier or tiers in cases where the Prize is a cash prize; and (b) in cases where the Prize is a merchandise or non-cash Prize, one (1) or more tie-breakers will be set forth in the Lobby Rules prior to the applicable Contest Start Time. For example, if 1st, 2nd and 3rd place in a given Contest includes Prizes of $500, $300 and $100, respectively, and two (2) Entrants tie for first place, then those two (2) Entrants shall receive $400 each ($500 + $300 divided by 2), and the Entrant that finished in 3rd place shall receive $100 (with no 2nd place Prize winner).
To be eligible to receive a Prize, you may be required to provide Draft Guru® with additional documentation and/or information to verify your identity and provide proof that all eligibility requirements are met including, but not limited to, a driver's license, proof of residence and/or any information relating to payment/deposit accounts as reasonably requested by Draft Guru® in order to complete the payment process. Failure to comply with the above requirements may result in disqualification and forfeiture of any Prizes.
Subject to the requirements set forth herein, the Prizes will be credited to the winners' Accounts. Prize winnings may be withdrawn from your Account, at your option, and will be paid via the same method that the Entrant used to deposit money to her/his Account; provided, however, that certain bonus Prizes, registration bonuses and other free money giveaways, as offered by Draft Guru® from time-to-time, may be subject to certain withdrawal restrictions.
If you receive a Prize payment in error, we may reverse or require return of that payment. You agree to cooperate with us in our efforts to do this. We may also reduce Prize payments to you without notice to adjust for any previous overpayment. You must pay for all reasonable costs that we incur to collect any past due amounts including, without limitation, reasonable attorneys' fees and other legal fees and costs. If we make an error in underpaying a Prize/overcharging for an Entry Fee, you must tell us as soon as you become aware of the error. We will then promptly investigate the underpayment/charge. If we identify a billing error, we will correct that error within ninety (90) days. Refunds of Entry Fees will not be made, except as expressly provided herein, as required by applicable payment system rules, or where required by Applicable Law.
You are solely responsible for determining what, if any, income, sales, use or other taxes, duties, levies or charges (collectively, "Taxes") apply to any Prizes that you receive and for remitting and reporting the correct amounts of all such Taxes to the applicable governmental authorities. Draft Guru® cannot provide you with legal or tax advice, so please consult with your tax advisor about any and all applicable Taxes. In the event that a governmental authority requires Draft Guru® to pay any Taxes attributable to you, you agree to indemnify and reimburse Draft Guru® for such Taxes and all costs and expenses related thereto (including attorneys' fees). All Entrants who win amounts which require any type of governmental reporting, including the United States Internal Revenue Service, must provide Draft Guru® with all applicable information required for such reporting. Most often this occurs when an Entrant has a net win over the course of a fiscal year (ending December 31) which totals more than Six Hundred Dollars ($600.00). In such case, a 1099-MISC must be filed which requires the Entrant's full name, current address and Social Security Number.
Where you opt to deposit funds into your Account, you may receive a bonus in an amount set forth on the Site at the time that you register. In addition, Draft Guru® shall offer a free Ten Dollar ($10.00) Entry Fee to each User who has submitted ten (10) Entry Fees in amounts that are equal to or of greater value than Ten Dollar ($10.00) ("Bonus Entry Amount"). Users cannot make withdrawals of the Bonus Entry Amount, and the Bonus Entry Amount may only be used as an Entry Fee on the Site. Bonus Entry Amounts do not expire, but shall terminate immediately where a User's Account is also terminated. Please note that the Bonus Entry Amount has no monetary or other value outside of its use for Entry Fees in subsequent Contests, and cannot be exchanged for cash, products and/or merchandise.
Each Entrant is allowed one (1)Account. Penalties for utilizing more than one (1) Account without prior authorization from Draft Guru® will be assessed in Draft Guru's® sole discretion, and mayinclude closure of all applicable Accounts andforfeiture of any Prize amounts and/or deposit bonuses that we determine to have been fraudulently obtained.
Cheating, Fraud and Abuse: In accessing or participating in a Contest, you represent and warrant to us that you will not engage in any activity that interrupts or attempts to interrupt the operation of any Contest, or the Site. Anyone who engages in, participates in, or displays behavior that may be interpreted, in our sole discretion, as unfair methods in participating in Contests and/or using the Site including, but not limited to, the opening and/or use of multiple Accounts, the use of unauthorized or altered software or hardware to assist play (e.g., scripts, bots, bot nets, and collusion with bots), intentionally poor play in certain Contests to achieve competitive advantage, Collusion with other Entrants, deliberate transfer of money between accounts (e.g., "money laundering"), harassment of other Entrants, breach of the Agreement, breach of security of the subject Account, or any other act (whether through the use of automated technology or otherwise) that unfairly alters a User's chance of winning or constitutes the commission of fraud (collectively, "Abuse"), will be subject to immediate sanctions (as determined by us in our sole discretion), which may include, without limitation: (a) immediate Account termination and blocking of access to the Draft Guru® Offerings; (b) any Prizes and/or Bonus Entry Amounts that the applicable User may otherwise have been entitled to receive shall be void and forfeited; and (c) any Prizes Bonus Entry Amounts received by the applicable User shall be subject to disgorgement and/or recoupment. In addition to the foregoing, we reserve the right to disclose or report any money laundering or similar illegal activity to law enforcement and regulatory authorities. Without limiting our other available remedies, we may institute or seek any injunctive relief, civil and/or criminal proceedings against any User and/or any co-conspirators arising out of or related to the commission of Abuse including, without limitation, recovering all of our fees and expenses (including reasonable attorneys' fees) in connection with such efforts.
Hacking, Tampering, or Unauthorized Access: Any attempt to gain unauthorized access to our systems or any other Entrant's Account, interfere with procedures or performance of Contests, the Site, or deliberately damage or undermine the Contests and/or the Site is subject to civil and/or criminal prosecution and will result in immediate termination of your Account and forfeiture of Prizes. You agree that you will not attempt to modify, alter, or tamper with the location settings of your Mobile Device/personal computer for any reason, or otherwise attempt to falsify your physical location through your Mobile Device/personal computer. You acknowledge that we are not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access to or use of the Draft Guru® Offerings or your Account.
At all times when participating in any Contest, receiving any Prize or using any of the other Draft Guru® Offerings, you hereby represent and warrant the following (collectively, "Warranties"): (a) you are a natural person (not a corporation or other entity); (b) you reside and are currently physically located in the United States; (c) you reside and are currently physically located in a jurisdiction where participation in Contests, such as those offered by Draft Guru®, are not prohibited by applicable law; (d) where participating in a Paid Contest, you do not reside and are not currently physically located in any of the Restricted Territories; (e) you comply with all Eligibility Requirements; (f) you are not subject to backup withholding tax because: (i) you are exempt from backup withholding; (ii) 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 (iii) the IRS has notified you that you are no longer subject to backup withholding; (g) you are the owner and authorized account holder for any payment methods that you use in connection with the Contests; (h) you can enter into legally binding contracts under applicable law; (i) you are not an employee of Draft Guru® or any other daily, weekly, monthly, season-long or other fantasy sports provider, nor a member of any such employee's immediate family (nor living in such employee's household); and (j) you are not associated with a professional or college athlete, or professional or college sports team, featured in any Contest in a way that creates, or could create, an unfair advantage in any Contest.
Disqualification/Forfeiture of Prizes and/or Bonus Entry Amounts
If Draft Guru®, in its sole, exclusive and non-reviewable discretion, determines that you have breached any Warranty, engaged in any Prohibited Conduct, breached the Rules or any other Draft Guru® Agreement in any way or otherwise engaged in any conduct that is dishonest, illicit, improper, unfair or otherwise damaging to Draft Guru® and/or any Draft Guru® Offerings, Draft Guru® may, in addition to any other rights that Draft Guru® may have at law or in equity: (a) disqualify you from any Contest; (b) refuse to award you Prizes and/or Bonus Entry Amounts; (c) revoke and require the return of any Prizes and/or Bonus Entry Amounts; (d) terminate your Account; and/or (e) report your activities to law enforcement.
Draft Guru® may require Users to change their user-names incases where the subject user-names are offensive or promote commercial ventures. Any determination that a user-name must be changed shall be made in Draft Guru's® sole discretion, and ifrequests are ignored, Draft Guru® may unilaterally change aUser's user-name.
Other than for residents of the State of Tennessee and where otherwise prohibited by law, by entering a Contest, you consent to the use of your name, voice, likeness and photograph ("User Information") by Draft Guru® for any and all commercial and non-commercial purposes. Such purposes shall include, but not be limited to, inclusion of the User Information in marketing and promotional material, such as website publications, mobile publications, print advertisements ("ads"), online ads, television ads, radio ads and interactive media, as well as printed extracts and reproductions of any portion thereof, in connection with the exploitation, marketing, advertising, promotion and publicity of Draft Guru® and/or any Draft Guru® Offerings. Without limiting the foregoing, other than with respect to residents of the State of Tennessee and where otherwise prohibited by law, if you win a Contest, you agree to participate in reasonable Draft Guru® publicity, advertising and promotional activities.
You agree to indemnify and hold Draft Guru®, its parents and subsidiaries, and each of their respective members, officers, directors, shareholders, employees, agents, co-branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys' fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party related to or arising out of: (a) your improper and/or unauthorized participation in a Contest; (b) your breach of the Rules or any other Draft Guru® Agreement; (c) any dispute between you and any other Entrants, Users and/or third parties; (d) any claim that Draft Guru® owes any taxes in connection with your participation in any Contests; and/or (e) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of Draft Guru®, its parents and subsidiaries, and each of their respective members, officers, directors, shareholders, employees, agents, co-branders, content licensors and/or other partners. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
Draft Guru® makes no guarantee as to the availability of its software or services and does not guarantee that the Draft Guru® Offerings will be accessible during Contests. Service outages or the inability to access the Draft Guru® Offerings may occur for many reasons. You acknowledge and agree that Draft Guru® shall not be responsible for any losses or damages of any kind that may be suffered by you as a result of any service interruptions or outages, including if an outage occurs during a Contest. If, for any reason, a Contest is not able to run as originally planned, Draft Guru® reserves the right to cancel, terminate or modify any such Contest.
Draft Guru® reserves that right to cancel and/or invalidate any Contests (and rescind associated Prizes) in itssole discretion, for any reason and without restriction. These reasons may include, without limitation: (a) where Draft Guru® believes that, due to problems with the Draft Guru® Offerings or due to events affectingthe actual Games, there would be a negative impact on the integrity of the applicable Contest(s); (b) where Draft Guru® determines, in its sole and absolute discretion, that such cancellation is necessary or advisable due to any change in or to any law, regulation or legal interpretation thereof affecting the Contests in any way; and/or (c) for purposes of preventing abusive, fraudulent, unfair or potentially unlawful activity on the part of any Entrant and/or third party, or in the event that there is a risk of any such abusive, fraudulent, unfair or potentially unlawful activity.
Modification of the Contest Rules
Draft Guru® may modify the Rules, in its sole discretion, by posting amended Rules on the Site, or by sending an e-mail to the e-mail addresses associated with registered Users. Such notice shall be effective immediately after it is posted or e-mailed, as applicable; provided, however, that no such modification or termination shall affect Prizes that are pending, or that have already been awarded, as of the date of the modification or termination notice, as applicable. If any such modification is unacceptable to you, your only recourse is to cease participating as a Contest Entrant.