Draft Guru® Terms and Conditions

Thank you for visiting the Draft Guru® website located at www.draftguru.net (the "Site"). The Site is an Internet property of Draft Guru LLC (collectively, "Draft Guru®," "we," "our" or "us"). The following Draft Guru® Terms and Conditions ("Terms and Conditions") are inclusive of the Draft Guru® Privacy Policy ("Privacy Policy"), the rules applicable to all Contests ("Contest Rules"), the Lobby Rules (as defined below) and any and all other applicable operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, which are expressly incorporated herein by reference (collectively, the "Agreement").

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.

Responsible Gaming

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.

If you or a family member have/has the need to receive responsible gaming assistance, please visit these online resources: www.ncpgambling.org and www.responsiblegambling.org.

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.

  1. Scope; Modification of Agreement. The Agreement constitutes the entire and only agreement between Users and Draft Guru® with respect to Users' use of the Draft Guru® Offerings, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to same. We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that: (a) any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, "Dispute Resolution Provisions") shall not apply to any disputes incurred prior to the applicable amendment or modification; and (b) any amendment or modification to pricing and/or billing provisions ("Billing Provisions") shall not apply to any charges incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Draft Guru® Offerings. By your continued use of the Draft Guru® Offerings, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions then in effect at the time of the subject dispute or incurred charges, as applicable).
  2. 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.

  1. 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.

    Draft Guru's® use of Registration Data shall be governed by the Privacy Policy. For a copy of the Privacy Policy, please Click Here.

  1. Contests. Capitalized terms used in this Section 4 but not defined in these Terms and Conditions shall have the meaning set forth in the Contest Rules.

(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:

  • Falsifying personal information (including Registration Data) required to enter a Contest or claim a Prize;
  • Engaging in any type of financial fraud, including unauthorized use of credit instruments to enter a Contest or claim a Prize;
  • Violating the Rules and/or any other terms of the Agreement;
  • Using automated means (including, but not limited to, harvesting bots, robots, parsers, spiders, computer scripts or screen scrapers) to obtain, collect or access any information made available by and through the Draft Guru® Offerings including, without limitation, the personal information of any User for any purpose;
  • Any type of abuse of special offers and/or promotions; and/or
  • Tampering with the administration of a Contest or trying to in any way tamper with the computer programs or any security measure associated with a Contest.

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.


(d) Points:


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.

  1. Content. The Site contains Content which includes, but is not limited to, Account Holder Content, such as sports and Contest-related statistics ("Draft Guru® Stats") and Contest leaderboards ("Draft Guru® Leaderboards"). The Content is compiled, distributed and displayed by Draft Guru® and, in the case of the Draft Guru® Stats and other related Content, Draft Guru's® third-party content providers (collectively, "Third Party Providers"). Draft Guru® does not control the Content provided by Third-Party Providers that is made available by and through the Draft Guru® Offerings. Such Third-Party Providers are solely responsible for the accuracy, completeness, appropriateness and/or usefulness of such Content. The Content should not necessarily be relied upon. Reliance on any Content or other information made available to you by and through the Draft Guru® Offerings is solely at your own risk. Draft Guru® does not represent or warrant that the Content and other information posted by and through the Draft Guru® Offerings is accurate, complete, up-to-date or appropriate. You understand and agree that Draft Guru® will not be responsible for, and Draft Guru® undertakes no responsibility to monitor or otherwise police, Content provided by Third-Party Providers. You agree that Draft Guru® shall have no obligation and incur no liability to you in connection with any Content. You may find certain Content to be outdated, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when using the Content. The Content is offered for informational purposes only.
  2. Bonus Program. 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 Dollars ($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.
  3. Social Media Pages. The Site contains links to the various Draft Guru® Social Media Pages. The Social Media Pages are hosted and made available on third-party Social Media Websites by third-party entities. Your use of Social Media Pages and Social Media Websites shall be governed by those Social Media Websites' applicable agreements, terms and conditions. You understand and agree that Draft Guru® shall not be liable to you, any other User or any third-party for any claim in connection with your use of, or inability to use, the Social Media Pages and/or Social Media Websites.

  1. Compliance with Laws. You acknowledge that various rules, regulations and laws addressing contests and tournaments with entry fees and/or prizes govern your participation in the Contests (the "Gaming Laws"), and that Gaming Laws are established by each individual US state, or jurisdiction. In addition to the Gaming Laws, you are also subject to all municipal, state and federal laws, rules and regulations of the city and state in which you reside and from which you access the Draft Guru® Offerings and/or play Contests including, without limitation, U.S. export laws (together with Gaming Laws, the "Applicable Law"). You agree to comply and are solely responsible for your compliance with all Applicable Law. Your participation in Contests is at your own risk, and you agree not to hold Draft Guru® responsible or liable if Applicable Law restricts or prohibits your access to, or participation in, the Contests.

  1. Representations and Warranties. Each User hereby represents and warrants to Draft Guru® as follows: (a) the Agreement constitutes such User's legal, valid and binding obligation which is fully enforceable against such User in accordance with its terms; (b) such User understands and agrees that such User has independently evaluated the desirability of utilizing the Draft Guru® Offerings and that such User has not relied on any representation and/or warranty other than those set forth in the Agreement; (c) the execution, delivery and performance by such User of the Agreement will not conflict with or violate: (i) any order, judgment or decree applicable to such User; or (ii) any agreement or other instrument applicable to such User; and (d) such User's performance under the Agreement and such User's use of the Draft Guru® Offerings will not: (i) invade the right of privacy or publicity of any third person; (ii) involve any libelous, obscene, indecent or otherwise unlawful material; (iii) violate any Applicable Law; and/or (iv) otherwise infringe upon the rights of any third parties including, without limitation, those of copyright, patent, trademark, trade secret or other intellectual property right, false advertising, unfair competition, defamation, invasion of rights of celebrity or publicity, violation of any anti-discriminatory law or regulation, or any other right of any person or entity.

  1. Indemnification. Each User agrees to indemnify, defend and hold Draft Guru®, its officers, directors, employees, agents and attorneys, as well as the Covered Parties, harmless from and against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and/or expenses (including reasonable attorneys' fees, court costs and/or settlement costs) arising from and/or related to: (a) any dispute between that User and any Third-Party Provider(s) and/or other third party(ies); (b) that User's breach of the Agreement and/or any representation or warranty contained herein; and/or (c) that User's unauthorized and/or improper use of the Draft Guru® Offerings. The provisions of this Section 10 are for the benefit of Draft Guru®, its parent, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against Users on its own behalf.

  1. License Grant. Each User is granted a non-exclusive, non-transferable, revocable and limited license to access and use the Draft Guru® Offerings. Draft Guru® may terminate this license at any time for any reason. Unless otherwise expressly authorized by Draft Guru®, Users may only use the Draft Guru® Offerings for their own personal, non-commercial use. No part of the Draft Guru® Offerings may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. No User or other third party may use any automated means or form of scraping or data extraction to access, query or otherwise collect material from the Draft Guru® Offerings except as expressly permitted by Draft Guru®. No User or other third party may use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Draft Guru® Offerings, or any portion thereof. No User or other third party may create any "derivative works" by altering any aspect of the Draft Guru® Offerings. No User or other third party may use the Draft Guru® Offerings in conjunction with any other third-party content. No User or other third party may exploit any aspect of the Draft Guru® Offerings for any commercial purposes not expressly permitted by Draft Guru®. Each User further agrees to indemnify and hold Draft Guru® harmless for that User's failure to comply with this Section 11. Draft Guru® reserves any rights not explicitly granted in the Agreement.

  1. Proprietary Rights. The Draft Guru® Offerings, as well as the organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to same, are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by any User or other third party of any part of the Draft Guru® Offerings is strictly prohibited. No User or other third party acquires ownership rights in or to any content, document, software, services or other materials viewed by or through the Draft Guru® Offerings. The posting of information or material by and through the Draft Guru® Offerings does not constitute a waiver of any right in or to such information and/or materials. The "Draft Guru" name and logo, and all associated graphics, icons and service names, are registered trademarks of Draft Guru LLC. The use of any trademark without the applicable trademark owner's express written consent is strictly prohibited.

  1. Legal Warning. Any attempt by any individual to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Draft Guru® Offerings is a violation of criminal and civil law and Draft Guru® will diligently pursue any and all remedies against any offending individual or entity to the fullest extent permissible by law and in equity.

  1. Disclaimer of Warranties. THE DRAFT GURU® OFFERINGS AND THE OTHER PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME ARE PROVIDED TO USERS ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, DRAFT GURU® MAKES NO WARRANTY THAT THE DRAFT GURU® OFFERINGS AND THE OTHER PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME: (A) WILL, AS APPLICABLE, MEET ANY USER'S REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF HARMFUL COMPONENTS; (D) WILL RESULT IN ANY SPECIFIC ECONOMIC BENEFIT OR GAIN; OR (E) WILL BE ACCURATE OR RELIABLE. THE DRAFT GURU® OFFERINGS AND THE OTHER PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. DRAFT GURU® WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE DRAFT GURU® OFFERINGS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM DRAFT GURU® OR OTHERWISE THROUGH OR FROM THE DRAFT GURU® OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

  1. Limitation of Liability. EACH USER EXPRESSLY UNDERSTANDS AND AGREES THAT DRAFT GURU® SHALL NOT BE LIABLE TO THAT USER OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DRAFT GURU® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR INABILITY TO USE THE DRAFT GURU® OFFERINGS AND THE OTHER PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND THE OTHER PRODUCTS OR SERVICES PURCHASED OR OBTAINED FROM OR THROUGH THE DRAFT GURU® OFFERINGS; (C) ANY DISPUTE BETWEEN ANY USERS AND THIRD PARTIES; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY REGISTRATION DATA; (E) THE FAILURE TO REALIZE ANY ECONOMIC BENEFIT GAIN; (F) ANY ISSUE RELATED TO THE TIMELINESS, ACCURACY OR RELIABILITY OF DRAFT GURU® STATS AND/OR DRAFT GURU® LEADERBOARDS THAT ARE MADE AVAILABLE IN CONNECTION WITH THE DRAFT GURU® OFFERINGS; (G) YOUR FAILURE TO REALIZE ANY ECONOMIC BENEFIT OR GAIN; AND/OR (H) ANY OTHER MATTER RELATING TO THE DRAFT GURU® OFFERINGS AND THE OTHER PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. EACH USER HEREBY RELEASES DRAFT GURU® FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF DRAFT GURU® TO ANY USER UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE DRAFT GURU® OFFERINGS AND THE OTHER PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME, MAY BE BROUGHT BY ANY USER OR DRAFT GURU® MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN EACH USER AND DRAFT GURU®. ACCESS TO THE DRAFT GURU® OFFERINGS WOULD NOT BE PROVIDED TO USERS WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE LIABILITY OF DRAFT GURU® SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

  1. Third Party Websites. The Draft Guru® Offerings contain links to other websites on the Internet that are owned and operated by third parties including, without limitation, the Social Media Websites and/or Third-Party Links. Draft Guru® does not control the information, products or services made available on, by or through these third-party websites. The inclusion of any link does not imply endorsement by Draft Guru® of the applicable website or any association with the website's operators. Because Draft Guru® has no control over such websites and/or resources, each User agrees that Draft Guru® is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from or through any such websites or for the protection of any User's data privacy by third parties. Each User further agrees that Draft Guru® shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on, by or through any such site.

  1. Editing, Deleting and Modification. Draft Guru® reserves the right, in its sole discretion, to edit and/or delete any documents, information or Content appearing on the Site.
  1. Use of Registration Data. All material submitted by Users through or in association with the Draft Guru® Offerings including, without limitation, the Registration Data, shall be subject to the Privacy Policy. For a copy of the Privacy Policy, please Click Here.
  2. Dispute Resolution Provisions. The Agreement shall be treated as though it were executed and performed in New York, NY and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). The parties hereby agree to arbitrate all claims that may arise under the Agreement. Without limiting the foregoing, should a dispute arise between the parties (including the Covered Parties) including, without limitation, any matter concerning the Draft Guru® Offerings, the terms and conditions of the Agreement or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association ("AAA") in New York, NY, in accordance with the then current Commercial Arbitration rules of the AAA; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found here. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice ("Final Settlement Offer"). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration before the AAA, in your county of residence, by filing a separate Demand for Arbitration, which is available here. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys' fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Although we may have a right to an award of attorneys' fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous.
  3. 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.

  1. California User Consumer Rights. In accordance with Cal. Civ. Code Sec. 1789.3, California State resident Users may file grievances and complaints with the California Department of Consumer Affairs, 400 R Street, Ste. 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to dca@dca.ca.gov.
  2. Miscellaneous. To the extent that anything in or associated with the Draft Guru® Offerings is in conflict or inconsistent with the Agreement, the Agreement shall take precedence; provided, however, that with respect to any Contests, to the extent that anything in these Terms and Conditions is inconsistent with the applicable Contest Rules, those Contest Rules shall take precedence. Draft Guru's® failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. Draft Guru® may assign its rights and obligations under the Agreement, in whole or in part, to any party at any time without notice to you. The Agreement may not, however, be assigned by you, and you may not delegate your duties under it. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
  1. Contact Us. If you have any questions about the Agreement, Draft Guru® Offerings or the practices of Draft Guru®, you may utilize the contact method applicable to the subject matter of your inquiry, as set forth on the "Contact Us" page of the Site, or you can e-mail us at: info@draftguru.net; call us at: (619) 684-5333; or send us U.S. mail to: Draft Guru, 6486 Friars Road, #201, San Diego, CA 92108.