Please read these terms carefully, they apply to your use of fantasybowl.com (the "Website") and the products and services provided through the Website (collectively, the "Services"), including contests available for entry (the "Contests"). FantasyBowl Inc ("FantasyBowl") is a Minnesota corporation with a business office at 14581 Grand Avenue, Suite 105, Burnsville, MN 55306, United States.
Unless otherwise agreed in writing with FantasyBowl, your use of the Website and Services will always be subject to, at a minimum, the terms and conditions set out in this document. These are referred to as the "Master Terms."
In addition, your use of the Website and Services may also be subject to the terms of any legal notice applicable to the Website or Service, in addition to the Master Terms. All such terms supplementing these Master Terms are referred to below as the "Additional Terms." Where Additional Terms apply to the Website or Service, these will be accessible for you to read either within, or through your use of, the Website or Service.
The Master Terms, together with any Additional Terms, form a binding legal agreement between you and FantasyBowl in relation to your use of the Website and the Services. Collectively, this legal agreement is referred to below as the "Terms." If there is any contradiction between the Additional Terms and the Master Terms, then the Additional Terms shall take precedence in relation to the Website or Service to which the Additional Terms apply.
YOUR ACCESS OR USE OF THE WEBSITE OR SERVICE IN ANY WAY SIGNIFIES THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS. By accessing or using the Website or Service you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of the Website or Service. If you do not agree to the Terms, you are not authorized to use the Website or Services.
The Contests are open only to legal residents of the 50 United States, Washington, D.C. and Canada, who are eighteen (18) years of age or older and have an address in the United States or Canada. Residents of Arizona, Iowa, Louisiana, Maryland, Montana, North Dakota, Vermont and Quebec (the "Excluded Areas") may play but will not be eligible to receive prizes. Individuals under age 13 may not participate, while individuals between the ages of 13-17 may play with the express permission of their parent or legal guardian but will not be eligible to receive prizes. Residents of all other Excluded Areas may play, but will not be eligible to receive prizes. Residents of Canada may play and win prizes but cannot win physical prizes (televisions, etc.) unless they pay shipping costs. All Contests are VOID where prohibited by law.
Employees, officers, directors, agents, representatives and their immediate family members (and those living in the same household) of FantasyBowl, their advertising and promotion agencies, or any person or entity connected with the production, administration or judging of the Contests, or any of their respective parent companies, affiliates, subsidiaries, agents or representatives ("The FantasyBowl Parties") are not eligible to win prizes.
You must be the rightful owner or have authorized use of the e-mail account associated with the e-mail address provided to the Website. You may establish only one account per person to participate in the Services offered on the Website. In the event FantasyBowl discovers that you have opened more than one account per person, in addition to any other rights that FantasyBowl may have, FantasyBowl reserves the right to suspend or terminate any or all of your accounts and terminate, withhold or revoke the awarding of any prizes. You are responsible for maintaining the confidentiality of your login names and passwords and you accept responsibility for all activities, charges, and damages that occur under your account. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. FantasyBowl will not be responsible for any loss or damage resulting from your failure to notify us of unauthorized use.
The Contests are games of skill and considered fully legal by US Congressional laws passed in 2006. For each Contest, from all eligible entries received, the winner will be determined by the participant who uses his or her skill and knowledge of the relevant football and/or fantasy football rules to accumulate the most points through performance of individual athletes across multiple sporting events during the season or game period. All games played in each season for a Contest must be made up of players drawn from a minimum of two sporting events.
Each prize winner will be notified by e-mail to the address provided to FantasyBowl upon registration and entry for each Contest. Should a prize winner change his/her email address, it is solely his/her responsibility to notify FantasyBowl about any such change. Prize winners may be requested to complete an affidavit of eligibility and/or appropriate tax forms and forms of identification including but not limited to a Driver's License, W9 and Proof of Residence in order to complete the withdrawal of their prizes. Failure to comply with this requirement may result in disqualification and awarding the prize to the person finishing with the next highest scoring according to the judging criteria. FantasyBowl are not responsible for and shall not be liable for late, lost, misdirected or unsuccessful efforts to notify any prize winner. If a prize is declined or undeliverable, the winner will be disqualified and the prize will be awarded to the person finishing with the next highest scoring. In the event of a dispute as to the identity of a prize winner, the prize winner will be deemed to be the person in whose name the e-mail account is opened at the time of registration.
All prize winners who have won $600 or more (net of all entry fees) during a calendar year will be contacted to provide address and social security details to FantasyBowl. These details will be used to file a 1099-MISC with the Internal Revenue Service in early January of the following year if the year-end net winnings remain above $600. Each prize winner is responsible for reporting and payment of all taxes, fees, surcharges and any other expenses not specified in these Terms regardless of winning totals or whether a 1099-MISC was filed.
The Contests and participation in the Contests are subject to these Terms, and all applicable federal, state, and local laws. The Contests may not to be used in connection with any form of gambling or the promotion of gambling.
BY ENTERING, YOU AGREE TO FANTASYBOWL'S USE OF YOUR NAME, PHOTOGRAPH, VOICE AND/OR LIKENESS FOR ADVERTISING AND/OR PUBLICITY PURPOSES IN ALL MEDIA (KNOWN OR DISCOVERED HEREAFTER) WORLDWIDE AND ON THE INTERNET WITHOUT FURTHER NOTICE, REVIEW, APPROVAL, OR ADDITIONAL COMPENSATION, UNLESS PROHIBITED BY LAW.
By entering, you understand and agree that the results of the Contests are final in all respects. All decisions regarding the Contests, including but not limited to selection of the potential prize winner and awarding prizes will be made by FantasyBowl, whose decisions will be final and binding.
FantasyBowl, in its sole discretion, may disqualify any entrant from the service, refuse to award prizes and require the return of any prizes, if entrant engages in conduct FantasyBowl deems to be improper, unfair or otherwise adverse to the operation of the service or in any way detrimental to other entrants. Improper conduct includes, but is not limited to: Falsifying personal information required to enter a Contest or claim a prize; Engaging in any type of fiscal fraud or unauthorized use of credit instruments to enter a Contest or claim a prize; Colluding with any other individual or engaging in any type of syndicate play; Any violation of Contest Rules or the Master Terms; Accumulating prizes through unauthorized methods such as automated scripts or other automated means; Tampering with the administration of a Contest or trying to in any way tamper with the computer programs associated with a Contest; Obtaining other entrants information and spamming other entrants; or Abusing the Website in any way. Entrant further acknowledges that the forfeiture and/or return of any prize shall in no way prevent FantasyBowl from pursuing criminal or civil proceedings in connection with such conduct.
FantasyBowl is not responsible for: any incorrect, invalid or inaccurate entry information; human errors; canceled events; postal delays/postage due mail; technical malfunctions; failures, including public utility or telephone outages; omissions, interruptions, deletions or defects of any telephone system or network, computer online systems, data, computer equipment, servers, providers, or software (including, but not limited to software and operating systems that do not permit an entrant to participate in a Contest), including without limitation any injury or damage to any entrant's or any other person's computer or video equipment relating to or resulting from participation in a Contest; inability to access the Website, or any web pages that are part of or related to the Website; theft, tampering, destruction, or unauthorized access to, or alteration of, entries and/or images of any kind; data that is processed late or incorrectly or is incomplete or lost due to telephone, postal issues, computer or electronic malfunction or traffic congestion on telephone lines or transmission systems, or the Internet, or any service provider's facilities, or any phone site or website or for any other reason whatsoever; typographical, printing or other errors, or any combination thereof.
FantasyBowl is not responsible for incomplete, illegible, misdirected or stolen entries. If for any reason a Contest is not capable of running as originally planned, or if a Contest, computer application, or website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper entry to a Contest in accordance with the Terms or applicable Contest Rules, or if infection by a computer (or similar) virus, bug, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in the sole opinion of FantasyBowl corrupts or affects the administration, security, fairness, integrity, or proper conduct of a Contest, FantasyBowl reserves the right, at its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, extend, modify or suspend the Contest, and select the winner(s) from all eligible entries received.
Users agree not to use the Website or Services to:
In addition, you may not (and may not authorize another party to): (i) frame or otherwise co-brand the Website or Services (for example, by displaying a name, logo, trademark or other means of attribution of a third party that is reasonably likely to give the user the impression that that third party has the right to display, publish or distribute the Website or Service); or, (ii) use the Website or Service in any manner that could disable, overburden, damage or impair such Website or Service, or interfere with any other party's use and enjoyment of any Website or Service.
FantasyBowl offers refunds for specific circumstances in accordance with the Refund Policy and the Terms. The Refund Policy is hereby incorporated by reference into these Master Terms.
The Website or Services may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of the Website and Services does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. The Website is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of the Website or Services is strictly prohibited. Your use of the Website and Services does not grant you ownership rights of any kind.
TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, FANTASYBOWL OFFERS THE WEBSITE AND SERVICES AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WEBSITE OR SERVICES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. FANTASYBOWL DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT FANTASYBOWL’S SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FANTASYBOWL DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OR THE RESULT OF USE OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.
EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW AND THEN ONLY TO THAT EXTENT, IN NO EVENT WILL THE FANTASYBOWL PARTIES BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE WEBSITE OR SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF THE FANTASYBOWL PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FANTASYBOWL PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON THE WEBSITE OR SERVICES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO CONTENT POSTED ON THE WEBSITE OR SERVICES), FOR YOUR USE OF THE WEBSITE AND SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES WHETHER ON THE WEBSITE, IN CONNECTION WITH THE SERVICES OR OTHERWISE RELATING TO THE WEBSITE OR SERVICES.
You agree to indemnify and hold harmless the FantasyBowl Parties from and against any and all loss, expenses, damages, and costs, including without limitation reasonable attorneys fees, resulting, whether directly or indirectly, from your violation of the Terms. You also agree to indemnify and hold harmless the FantasyBowl Parties from and against any and all claims brought by third parties arising out of your use of the Website or Services and the content you make available via the Website or Services by any means, including without limitation through a posting, a link, reference to content, or otherwise.
These Master Terms and any Additional Terms will continue to apply until terminated by either you or FantasyBowl as set out below. Your right to access and use the Website and Services terminates automatically upon your breach of any of these Master Terms or Additional Terms that may apply to the Website or Services.
FantasyBowl may, at any time: (a) modify, suspend or terminate the operation of or access to the Website or Services, or any portion of the Website or Services, for any reason; (b) modify or change the Website or Services, or any portion of the Website or Services, and any Master Terms, Additional Terms and other policies governing the use of the Website or Services, for any reason; (c) interrupt the operation of the Website or Services, or any portion of the Website or Services, for any reason, all as FantasyBowl deems appropriate in its sole discretion.
Your access to, and use of, the Website or Services may be terminated by you or by FantasyBowl at any time and for any reason. FantasyBowl will use reasonable efforts to notify you in advance about any material modification, suspension or termination by FantasyBowl that is not caused by your breach of the Terms.
The disclaimer of warranties, the limitation of liability and the jurisdiction and applicable law provisions shall survive any termination. Your warranties and indemnification obligations shall survive any termination.
From time to time, FantasyBowl may change, remove, add to (including without limitation by way of Additional Terms) or otherwise modify the Terms, and reserves the right to do so in its discretion. If we make material changes to the Terms, we may notify you on the Website, by a blog post, by email, or by any method we determine. The method we chose is at our sole discretion. We will also change the "Last Updated" date at the bottom of the Terms. Any changes we make to our Terms are effective as of this Last Updated date and replace any prior Master Terms. Notwithstanding the foregoing, (i) no modification to the Terms will apply to any dispute between you and FantasyBowl that arose prior to the effective date of any modification and (ii) if you do not agree with any modification to the Terms, you may terminate this agreement by ceasing use of the Website and Services. Your continued use of the Website or Services after new and/or revised Terms are effective indicate that you have read, understood and agreed to those Terms.
These Master Terms and any Additional Terms are governed by and construed by the laws of the State of Minnesota, in the United States, exclusive of its choice of law rules. The parties agree that any disputes or proceedings between FantasyBowl and you concerning these Master Terms, any Additional Terms, and/or the Website or Services shall be brought in a federal or state court of competent jurisdiction sitting in the State of Minnesota, and hereby consent to the personal jurisdiction and venue of such court. Either party’s failure to insist on or enforce strict performance of any of the Terms shall not be construed as a waiver of any provision or right. If any term or part of the Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of any remaining provisions. The parties agree that no joint venture, partnership, employment, or agency relationship exists between you and FantasyBowl as a result of these Master Terms, any Additional Terms, or your use of the Website or Services. These Master Terms and any applicable Additional Terms constitute the entire agreement between you and FantasyBowl relating to this subject matter and supersede all prior, contemporaneous and future communications (with the exception of future amendments to the Terms as made available by FantasyBowl from time to time) between you and FantasyBowl. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generating and maintained in printed form.Last Updated July 6, 2013.