Each end-user visitor to the Site ("User," "you" or "your") agrees to the terms of the Agreement, in their entirety, when she/he: (a) accesses or uses the Site; (b) accesses and/or downloads any of the: (i) generally available text, audio, video, photographs, graphics, artwork and/or other content featured on the Site (collectively, "Informational Content"); and/or (ii) links to third party websites, products and/or services ("Third-Party Links"); (c) accesses links to Draft Guru's® social media pages/accounts (collectively, "Social Media Pages") on third-party social media websites, such as Facebook®, Instagram® and Twitter® ("Social Media Websites"); (d) registers as a Site account ("Account") holder, which provides Users with access to: (i) viewable content, including Draft Guru® Leaderboards, Draft Guru® Stats (as each of those terms is defined below), and other material made available to Account holders through the Site ("Account Holder Content," and together with the Informational Content and Third-Party Links, the "Content"); (ii) an array of fantasy sports-based games involving drafting players from college and amateur athletics ("Players"), and the subsequent performance of those Players in professional baseball, basketball, football and/or hockey leagues (collectively, the "Contests); and (iii) the bonus program ("Bonus Program"), which enables Users to earn certain bonuses ("Bonuses") in connection with playing multiple Contests; and/or (e) utilizes the various contact forms and/or contact information made available on the Site as a means to contact directly, or request to be contacted by, Draft Guru® (collectively, the "Contact Services," and together with the Site, Content, Social Media Pages, Accounts, Contests and Bonus Program, the "Draft Guru® Offerings").
PLEASE REVIEW THE TERMS OF THE AGREEMENT CAREFULLY. IF A USER DOES NOT AGREE WITH THE TERMS OF THE AGREEMENT IN THEIR ENTIRETY, THAT USER IS NOT AUTHORIZED TO USE THE DRAFT GURU® OFFERINGS IN ANY MANNER OR FORM.
THE AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES, A CLASS-ACTION WAIVER, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS THAT MAY ARISE HEREUNDER AGAINST DRAFT GURU®, AS WELL AS ITS PARENT, SUBSIDIARIES, RELATED PARTIES, THIRD-PARTY PROVIDERS AND MARKETING PARTNERS (COLLECTIVELY, "COVERED PARTIES"), WHO ARE EXPRESS THIRD-PARTY BENEFICIARIES OF THE MANDATORY ARBITRATION PROVISION. THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THE AGREEMENT.
NEW JERSEY STATE RESIDENTS ARE ENCOURAGED TO REVIEW THEIR RIGHTS UNDER THE AGREEMENT, AS PROVIDED UNDER THE NEW JERSEY TRUTH-IN-CONSUMER CONTRACT WARRANTY AND NOTICE ACT ("TCCWNA").
Instagram® and Facebook® are registered trademarks of Facebook, Inc. ("Facebook"). Twitter® is a registered trademark of Twitter, Inc. ("Twitter"). Please be advised that Draft Guru® is not in any way affiliated with Facebook or Twitter, nor are the Draft Guru® Offerings endorsed, administered or sponsored by any of the aforementioned entities.
Users should set personal limits regarding Entry Fees (as defined below) 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 that 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.
Requirements; Termination of Access to the Draft Guru® Offerings; Necessary Equipment. The Draft Guru® Offerings are available only to individuals who: (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 jurisdictions at the time of entry, if the age of majority is greater than eighteen (18) years of age in that jurisdiction; (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 a User does not satisfy the Usage Requirements, in their entirety, that User does not have permission to access or use the Draft Guru® Offerings.
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 RESIDENT JURISDICTION.
To the extent permitted by applicable law, Draft Guru® may terminate your right to access the Draft Guru® Offerings at any time where you: (i) are in any way in breach of the Agreement; (ii) are engaged in any improper conduct in connection with the Draft Guru® Offerings; and/or (iii) are, at any time, conducting any unauthorized commercial activity by or through your use of the Draft Guru® Offerings.
You are 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 Draft Guru® Offerings. 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 Draft Guru® Offerings 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 use of the Draft Guru® Offerings 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.
Registration Forms. In order to purchase a Membership and/or utilize certain Draft Guru® Offerings, including the Contact Services, you may be required to submit one or more registration forms (each, a "Form"). The information that you must supply on a Form may include, without limitation: (a) your full name; (b) your e-mail address; (c) your billing/mailing address; (d) your state of residence; (e) your telephone number; (f) your date of birth; (g) your credit card or debit card information; (h) your Social Security Number (for Prize (as defined below) winners); (i) 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 (j) any other information requested on the applicable form (collectively, the "Registration Data"). You agree to provide true, accurate, current and complete Registration Data, as necessary, in order to maintain it in up to date and accurate fashion.
(a) General Terms.
(i) Each Contest may contain certain terms, conditions and restrictions, as set forth in the applicable Lobby Rules including, without limitation: (A) the Entry Fee, Prize amount, and number of winners; (B) the applicable Contest Duration; and (C) 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.
(ii) All Contests shall be posted by and through the Site as they become available for participation. Posting times may vary depending on the time and day of the first Game applicable to the Contest.
(iii) 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 an Entrant has not selected a Draft Lineup as of the applicable Start Time, that Entrant 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: (A) the National Football League® ("NFL®"); (B) Major League Baseball® ("MLB®"); (C) the National Basketball Association® ("NBA®"); and/or (D) 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:
The 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.
(b) Entry Fees/Free Contests:
(i) 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 you wish, provided that you have sufficient funds in your Account for the 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.
(ii) 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.
(iii) Draft Guru's® authorization to provide and bill for your Account deposits and Entry Fees is obtained by way of your electronic signature or, where applicable, via physical signature and/or voice affirmation. Once an electronic signature is submitted, this 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 (collectively, the "E-Sign Act"). Both laws specifically pre-empt all state laws that recognize only paper and handwritten signatures. Pursuant to any and all applicable statutes, regulations, rules, ordinances or other laws including, without limitation, the E-Sign Act and other similar state and federal statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE DRAFT GURU® OFFERINGS. Further, you hereby waive any rights and/or requirements under any statutes, regulations, rules, ordinances or other law in any jurisdiction which requires an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means. You acknowledge and agree that you have the ability to print information delivered to you electronically, or otherwise know how to store that information in a way that ensures that it remains accessible to you in unchanged form.
(iv) 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 you wish.
(c) Contest Duration and Start Time/Withdrawal:
(i) Contests may vary in duration from start to finish and may last one (1), two (2) or three (3) seasons for the applicable League, or such other interval, as determined by Draft Guru® in its sole discretion ("Contest Duration").
(ii) 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.
(iii) 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 cancelled and the Entry Fee(s) shall be refunded to the Account(s) of the applicable Entrant(s) that had already 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.
(d) Tallying Points/Statistics:
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.
(e) Contest Winners/Ties:
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: (i) 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 (ii) 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 1st place, then those two (2) Entrants shall receive $400 each ($500 + $300 divided by 2), and the Entrant that finished in 3rd place (in the place following the Entrants that tied for 1st place) shall receive $100 (with no 2nd place Prize winner).
(f) Prize Verification/Withdrawals/Taxes:
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 physical address and Social Security Number.
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against the Covered Parties and/or their respective employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that any Covered Party incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (ii) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site.