The Company may issue additional terms, rules and conditions of participation in particular contests. For example, the Company may issue conditions as required by various state rules and regulations, which may impact your experience or participation. You agree to be subject to those additional rules if you participate in such contests.
PLEASE READ THESE TERMS CAREFULLY, as they contain important information about the subscription as well as payments and charges that the Subscriber may be billed for. The terms also contain details on the management of future changes to the Agreement, automatic renewals, limitations of liability, information about privacy protection and the right to withdraw.
General Subscription Requirements
You hereby represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these terms and to abide by and comply with these terms. By depositing money or entering a contest, you are representing and warranting that:
- you are of 18 years of age or older (21 years of age or older in Massachusetts, Iowa, Arizona, & Louisiana, 19 years of age or older in Alabama)
- you are a citizen or resident of the United States of America or Canada and that you have an address in the United States of America or Canada;
- at the time of deposit or game entry you are physically located in the United States of America or Canada in a jurisdiction in which participation in the contest is not prohibited by applicable law;
- In Canada, participation is prohibited in the province of Ontario
- In Louisiana, participation is prohibited in the following parishes: Allen, Avoyelles, Beauregard, Caldwell, Catahoula, Franklin, Grant, Jackson, Jefferson, Davis, LaSalle, Morehouse, Richland, Sabine, Union, Vernon, West Carroll, Winn.
- you are not listed on any U.S. Government list of prohibited or restricted parties;
- when depositing funds or entering a paid contest, you are not physically located in of any of the following states: Hawaii, Connecticut Idaho, Montana, Nevada or Washington;
- you are not subject to backup withholding tax because: (a) you are exempt from backup withholding, or (b) you have not been notified by the Internal Revenue Service (IRS) that you are subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified you that you are no longer subject to backup withholding.
- When entering any contest that awards prizes, you are not an employee or operator of another daily fantasy site that charges entrance fees or offers cash prizes
- You do not, by virtue of affiliation with another daily fantasy site, have access to the site’s pre-release non-public confidential data about contest-related information.
If the Company determines that you do not meet the eligibility requirements of this section, then you are not authorized to use the Service. The Company makes no representation that participation in paid entry fantasy sports contests is lawful under Texas state law. The Company may require you to provide proof that you are eligible to participate according to this section prior to receiving a prize. This includes by requesting that you fill out an affidavit of eligibility or other verification information. If the Company otherwise determines that you do not meet the eligibility requirements of this section, in addition to any rights that the Company may have in law or equity, the Company reserves the right to terminate your account, withhold or revoke the awarding of any prizes associated with your account or limit your ability to withdraw. In such a situation, the Company may pay out any withheld or revoked prizes to the other entrants in the relevant contest in a manner consistent with the prize structure of the contest, to be precisely determined by the Company in its sole discretion. The Company also reserves the right to withhold revoked prizes to use in furtherance of its fraud prevention or anti-money laundering efforts. The Company employees may use the Service for the purpose of testing the user experience, but may not withdraw money or prizes except when playing in a private league. Relatives of the Company employees with whom they share a household are not eligible to participate in paid contests unless they are private contests with other The Company employees or household members. The Company consultants or promoters of the Service may play in contests without such limitation, but only if (i) their arrangement with The Company does not permit them to have any access to non-public Service data or any other data not made available to all players on the Service and (ii) they do not receive any other advantages in their play on the Service.
Employees or operators of daily fantasy sites that charge entry fees or offer cash prizes, including but not limited to DraftKings and Yahoo, and individuals who, by virtue of affiliation with daily fantasy site, have access to the site’s pre-release non-public confidential data about game-related information may not enter any contests in which a real money prize is awarded. If such person enters a contest that awards prizes, the Company will disqualify the entry, will not award a prize, and may report such person’s violation of this provision to the daily fantasy site for which the entrant is employed by, operates or affiliated with. Additionally, The Company may maintain information about the entrant sufficient to assist the Company in blocking the user from entering future the Company contests, unless and until the Company determines, in its sole discretion, that the entrant is no longer an employee or operator of another daily fantasy site or no longer has access to pre-release non-public confidential data about game-related information by virtue of affiliation with a daily fantasy site.
Athletes, coaches and other team management, team support personnel (e.g. without limitation, team physicians) and team owners may not participate in any the Company contests in the sport or sports with which they’re associated. Team owners, referees, league employees, sports commissioners and other individuals who through an ownership interest or game-related employment can influence the gameplay are likewise ineligible.
The Company offers proactive tools and support meant to encourage healthy player behavior and deliver positive player experiences. We also allow qualified third parties, who have concerns about a player’s ability to manage his or her play, to request a limitation on that player’s use of The Company.
- Responsibility for fines, taxes etc.
The Subscriber is solely responsible for any violations related to the mishandling or abuse of the provided information by the Company, including payment of all resulting fines, sanctions and penalties.
Any applicable taxes and similar fees connected with the use of the Service shall be paid by the Subscriber to the relevant public authority.
Company reserves the right, in defense of its interests, to identify the Subscriber to authorities or the public administration if a violation has been committed.
Company may charge for any costs resulting from infringements related to the Services or Intellectual Property of the Company, including the investigation thereof as well as any fines, penalties and legal costs incurred by Company.
Failure to pay the amounts owed by the Subscriber for the above gives Company a right to terminate the contractual relationship hereunder. In addition to these amounts, Company may also take steps to enforce further claims for damages and losses.
- Intellectual Property Rights
The Subscriber agrees under no circumstances shall Subscriber register any trademark, assume trade name, obtain domain name, or otherwise obtain any right to Company or any confusingly similar name during or any time after the termination of this Agreement and that under no circumstance shall they alter, deface or remove any reference to Company’s Trade Marks or any other name displayed on the documents or information provided by Company.
Payment & Fees
- Subscription fees etc.
In the event that Company’s costs increase due to amended legislation, decisions or similar issued by public authorities it shall be entitled to alter the subscription fee with immediate effect. The Subscriber will be notified of any such change.
The subscription fee is payable in advance (first time upon conclusion of the Agreement) and independent of the actual time of use. It will not be refunded if the service is terminated before end of term. There is no entitlement to partial crediting or repayment.
- Payment methods
In order to subscribe, the Subscriber must provide Company with information and details to a valid credit or debit card. By providing Company with the information and details of a valid credit or debit card the Subscriber represents and guarantees Company that they are authorized to use the card of choice. All fees that occur due to their actions will be charged to the provided credit or debit card. All fees are subject to applicable taxes and other local government charges, these may also be charged and collected by Company.
In order to dispute any charges by Company to the credit or debit card provided, the Subscriber must contact Company within two months from the date of the disputed charge. The Subscriber must provide Company with all the information that Company finds necessary to evaluate the disputed charge, such as the date of use and the approximate starting and ending times of the trip.
The Subscriber agrees to inform Company of all changes related to the credit or debit card which they authorized Company to charge without any delay.
- Late payments
In the event of delay in payment pursuant to the Agreement, the Subscriber shall pay default interest on the amount due as well as charges for payment reminders and collection fees in the amount permitted under applicable law, and other costs connected with the delay.
Conduct and User Content
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Company. By way of example, and not as a limitation, you agree not to:
- abuse, harass, impersonate, intimidate or threaten other Company users;
- post or transmit, or cause to be posted or transmitted, any Content that are infringing, libelous, defamatory, abusive, offensive, obscene, pornographic or otherwise violates any law or right of any third party;
- use the Service for any unauthorized purpose, or in violation of any applicable law, including intellectual property laws;
- post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Company user;
- create or submit unwanted email (“Spam”) to any other Company users;
- infringe upon the intellectual property rights of Company, its users, or any third party;
- submit comments linking to affiliate programs, multi-level marketing schemes, sites repurposing existing stories or off-topic content;
- post, email, transmit, upload, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed or functioning to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- use any robot, spider, scraper, sniping software or other automated means to access the Service for any purpose (except for RSS feed access) without our express written permission. Additionally, you agree that you will not: (1) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (2) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (3) bypass any measures we may use to prevent or restrict access to the Service;
- use artificial means, including creating multiple user accounts, to inflate your position and standing with the Company leader boards and community;
- use unauthorized scripts; all authorized scripts will be made available through the Service prior to game entry;
- advertise to, or solicit, any user to buy or sell any products or Service, or use any information obtained from the Service in order to contact, advertise to, solicit, or sell to users without their prior explicit consent;
- sell or otherwise transfer your profile;
- attempt to influence the play in any sporting event from which athletes are available for selection in Company contests on Company in which you are involved or in which you have a direct or indirect interest.
- enter into contests, by any means including multi-accounting, for which you are ineligible (e.g., beginner contests when you are not a beginner).
- User Content
You understand that all Content made available on the Service by a user (“User Content”), including but not limited to profile information and communications with other users, whether privately transmitted or made publicly available, is the sole responsibility of the person from which such User Content originated. This means that you, not Company, are entirely responsible for all User Content that you upload, post, share, email, transmit, or otherwise make available via the Service. Under no circumstances will Company be liable in any way for any User Content.
You acknowledge that Company may or may not pre-screen User Content, but that Company and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, permanently delete, undelete, modify and/or move any User Content available via the Service. Without limiting the foregoing, Company and its designees shall have the right to remove any User Content that violates these Terms or is otherwise objectionable in Company’s sole discretion. You understand that by using the Service, you may be exposed to User Content that you may consider to be offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or disclosure of any User Content. You further acknowledge and agree that you bear the sole risk of reliance on any Content available on or through the Service.
With respect to User Content you submit or otherwise make available on or to the Service, you grant Company an irrevocable, fully sub-licensable, perpetual, world-wide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such User Content (in whole or in part), and to incorporate such User Content into other works, in any format or medium now known or later developed.
You are solely responsible for your interactions with other users of the Service. Company reserves the right, but has no obligation, to monitor disputes between you and other users.
Disclaimers, Liability, & Indemnification
The Subscriber acknowledges and agrees that their use of the Company Site and Apps is at their sole risk.
The Subscriber acknowledges that there are inherent risks associated with gambling and agrees that the Company is not liable for any losses associated with the Subscriber’s use of the information provided by the Company Services when they elect to gamble. The Subscriber acknowledges that they are solely responsible for any wagers that they place and assume all the risks associated with gambling when they use the Company’s Services and place wagers.
The Subscriber agrees that such risks and hazards cannot always be predicted or avoided and that they are the Subscriber’s sole responsibility.
The Subscriber agrees that they are liable for any resulting injury, damage, and related cost, when using the Company’s Services, Site, or Apps. The Subscriber further notes that the use of the Company’s Services, Sites, and Apps are subject to legislation as applicable from time to time, and that such legislation may change and impede the use of the Company’s Services. By choosing to use the Company’s Services, Sites, and Apps; the Subscriber assumes full and complete responsibility for all related risks, dangers and hazards, and agrees that Company is not responsible for any risk of loss or cost caused by the Subscriber with respect to any person or property.
- Limited liability
The Subscriber acknowledges and agrees, with the limitation of mandatory law, that Company is not responsible or liable for any claim that arises out of or relates to the Subscriber’s use of, or inability to use, the Company’s Services, Site or Apps.
The Subscriber acknowledges and agrees that except in case of gross negligence or willful misconduct, Company is not responsible or liable for any breach of this Agreement or violation by the Subscriber of any applicable law as a consequence of or in the course of using the Company Services, Site or Apps. Company’s liability shall at all times be limited to the fees paid by the Subscriber to Company hereunder.
The Subscriber will indemnify and hold Company free from all losses, suits, claims or other proceedings relating to or arising out of the Subscriber’s use of the Company’s Services, Site or Apps and any breach of this Agreement.
- Processing of personal data
Company needs to register and process the Subscribers’ personal data such as name, address, phone number and e- mail address, and is the controller of such data.
Company processes such information in order to administer, perform the contract and provide information regarding the Services. Subject to the Subscribers’ consent and Company’s legitimate interests, Company may further use such information to provide related services as well as marketing.
- Term and automatic renewal
The Agreement enters into force when the Subscriber signs the subscription and shall, unless terminated, remain in force.
Each term is subject to automatic renewal, unless terminated in accordance with sections 14 and 15.
- Termination by the parties
Each party may terminate the Agreement at the end of term, by giving prior written notice (eg. by e-mail) to the other party. Such notice of termination shall be sent to the other party not later than:
If the Agreement is not terminated by such notice, each term will be extended for a term corresponding to the initial term for the subscription.
A party may also terminate this Agreement by 2 weeks written notice.
- Termination by Company
Company may at any time unilaterally terminate the subscription if the Subscriber:
- Fails to make payment of fees or other payment pursuant to the Agreement more than ten (10) days after the due date for payment, or repeatedly fail to make payments when due; or
- Materially or repeatedly breaches the Agreement.
Upon termination of the Agreement pursuant to this section (a)-(b), the Subscriber shall pay (i) all due and outstanding fees and as well as other payments to be made pursuant to the Agreement; (ii) all costs incurred by Company due to the early termination; and (iii) compensation corresponding to the amount of all outstanding subscription fees for the remainder of the term.
Any fees or deposit paid will not be reimbursed in case of any termination pursuant to this section.
Company can be contacted by emailing email@example.com, or by regular mail to Company’s physical address Pro Wagering Inc 1901 Howard St Omaha, NE 68102
Company may assign or pledge all or parts of its rights and obligations pursuant to the Agreement, including title to the Services, Website, and Apps, subject to the Subscriber’s rights pursuant to the Agreement. The Subscriber is not entitled to assign or pledge the Services, Website, and Apps or any part thereof.
- Governing law and disputes
The Agreement is governed by and shall be construed in accordance with Delaware law.
The Subscriber agrees that any disputes arising out of or relating to the Agreement, its breach, or subject matter, shall be governed by the laws of Delaware, without regard to Delaware’s conflicts of law provisions. The Subscriber further agrees that any disputes arising out of or relating to the Agreement, its breach, or subject matter, shall be brought exclusively before the Courts of Delaware, and hereby consents to the Court’s jurisdiction.
- Entire Agreement and amendments
The Subscriber acknowledges that the Agreement contains the complete, final, and exclusive integrated Agreement between the Subscriber and Company with respect to its subject matter. Deviating or supplementary regulations of the customer do not apply, even if Company does not explicitly object to them.
The Subscriber confirms that they have read and understood the terms and consequences of this Agreement, and that they are fully aware of the legal and binding effect of the Agreement.