PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR PARTICIPATION ON OUR SERVICE.
IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS FURTHER DETAILED IN SECTION 15 BELOW.
The Service offers eligible individuals an opportunity to participate in our fantasy sports contests, other competitions, tournaments and promotions (each, a “Competition” and collectively, “Competitions”), subject to compliance with the terms and conditions set forth in these Terms. By accessing, using or otherwise participating in the Service, you accept and agree to be legally bound by these Terms, whether or not you sign-up as a Participant (defined below) of the Service. If you wish to become a Participant and participate in the Service, please read these Terms and indicate your acceptance to these Terms by following the instructions in the Service sign-up process. It is important that you review these Terms regularly. We may impose limits on certain features, activities, promotions or services and may restrict, suspend, terminate your access to the Service, in whole or in part, at any time and for any or no reason, with or without prior notice and without liability.
Each time you access and/or use the Service, you agree to be bound by and comply with these Terms, our Competition Rules and any Additional Terms (defined below). If you do not agree to these documents, please do not participate in the Service. The business realities associated with operating the Service are such that, without the limitations that are set forth in these Terms – such as your grants and waivers of rights, the limitations on our liability, your indemnity of us, and our arbitration of certain disputes – we would not make the Service available to you.
In some instances, both these Terms and separate guidelines, rules, or terms of service, setting forth additional or different terms and/or conditions will apply to your use of the Service (in each such instance, and collectively, “Additional Terms”). For example, in addition to these Terms, specific additional terms, rules and conditions of participation for a particular Competition posted by DRAFT will govern Participants’ participation in, and our execution of, each Competition. The Additional Terms are incorporated into these Terms by this reference. To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.
1. Eligibility. To participate in the Service or any Competition, you must be (and you are representing and warranting that you are):
If DRAFT determines that you do not meet the eligibility requirements of this Section, then you are not authorized to use the Service. DRAFT 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 (as discussed in Section 3 below). If DRAFT otherwise determines that you do not meet the eligibility requirements of this Section, in addition to any rights that DRAFT may have in law or equity, DRAFT reserves the right to terminate your Participant Account (defined below), withhold or revoke the awarding of any prizes associated with your Participant Account or limit your ability to withdraw prizes from your Participant Account. In such a situation, DRAFT may pay out any withheld or revoked prizes to the other entrants in the relevant Competition in a manner consistent with the prize structure of the Competition, to be precisely determined by DRAFT, in its sole discretion. DRAFT also reserves the right to withhold revoked prizes to use in furtherance of its fraud prevention or anti-money laundering efforts. DRAFT 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 DRAFT employees with whom they share a household are not eligible to participate in paid Competitions unless they are private contests with other DRAFT employees or household members. DRAFT consultants or promoters of the Service may play in Competitions without such limitation, but only if: (i) their arrangement with DRAFT 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 other daily fantasy websites or services that charge entry fees or offer cash prizes, including, but not limited to, DraftKings and FanDuel, and individuals who, by virtue of affiliation with another daily fantasy site, have access to the Service’s pre-release non-public confidential data about game-related information, may not enter any Competitions in which a real money prize is awarded. If such person enters a Competition that awards prizes, DRAFT will disqualify the entry, will not award a prize, and may report such person’s violation of this provision to the daily fantasy site or service for which the entrant is employed by, operates or affiliated with. Additionally, DRAFT may maintain information about the individual sufficient to assist DRAFT in blocking the user from entering future Competitions, unless and until DRAFT determines, in its sole discretion, that the individual 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 or service.
Athletes, coaches and other team management, team support personnel (e.g., without limitation, team physicians) and team owners may not participate in any Competition in the sport or sports with which they are associated. Team owners, referees, league employees, sports commissioners and other individuals who through an ownership interest or game-related employment can influence a Competition are likewise ineligible.
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. You acknowledge that various rules, regulations and laws addressing fantasy contests and tournaments with entry fees and/or prizes govern your participation in Competitions (“Gaming Laws”), and that Gaming Laws are different in each state within the United States. Therefore, we DO NOT offer Cash Competitions (as defined below) to users participating in Competitions in any state in which such Competition violates its Gaming Laws (“Prohibited Jurisdiction”), and if you are located in any Prohibited Jurisdiction then you may not participate in Cash Competitions. It is your responsibility to determine whether the state, country, territory or jurisdiction in which you are located is a Prohibited Jurisdiction. We reserve the right (but have no obligation) to monitor the location from which you access the Service, and we may immediately block access from any Prohibited Jurisdiction in our sole discretion. Each time you log in to participate in a Cash Competition, you must accurately confirm the location from which you are playing. In addition to Gaming Laws, you are also subject to all municipal, state and federal laws, rules and regulations of the city, county and state in which you reside and from which you access and use the Service (together with Gaming Laws, the “Applicable Laws”). You are solely responsible for your compliance with all Applicable Laws. Access to Competitions may not be legal for some or all residents of, or persons present in, certain jurisdictions. COMPETITIONS ARE VOID WHERE PROHIBITED BY APPLICABLE LAWS. Your participation in Competitions is at your own risk, and you agree not to hold us responsible or liable if Applicable Laws restrict or prohibit your access or participation.
DRAFT 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 DRAFT. You can learn more about our responsible play policies and tools at https://draft.com/rules/responsible-gaming.
2. Registration and Participant Accounts.
Account Responsibility. If you register for any feature that requires a password and/or username, then you will select your own password at the time of registration (or we may send you an email notification with a randomly generated initial password) and you agree that: (i) You will not use a username (or email address) that is already being used by someone else, may impersonate another person, belongs to another person, violates the intellectual property or other right of any person or entity, or is offensive. We may reject the use of any password, username, or email address for any other reason in our sole discretion or require you to change your username for any reason in our sole discretion; (ii) You will provide true, accurate, current, and complete registration information about yourself in connection with the registration process and, as permitted, to maintain and update it continuously and promptly to keep it accurate, current, and complete; (iii) You are solely responsible for all activities that occur under your account, password, and username – whether or not you authorized the activity; (iv) You are solely responsible for maintaining the confidentiality of your password and for restricting access to your Device (defined below) so that others may not access any password protected portion of the Service using your name, username, or password; (v) You will immediately notify us of any unauthorized use of your Participant Account, password, or username, or any other breach of security; and (vi) You will not sell, transfer, or assign your Participant Account or any account rights, including, without limitation, digital trophies, virtual currency or virtual goods. We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations. If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates these Terms, any Additional Terms, or any applicable law, then we may suspend or terminate your Participant Account. We also reserve the more general and broad right to terminate your Participant Account or suspend or otherwise deny you access to it or its benefits – all in our sole discretion, for any reason, and without advance notice or liability. You represent and warrant to us that: (i) you have the right, authority, and capacity to agree to these Terms, to register for a Participant Account, and to participate in those Competitions for which you register, including, without limitation, meeting the eligibility requirements set forth in Section 1 above; and (ii) you will comply with these Terms when participating in Competitions, receiving services, and/or using the Service, and failure to comply may result, without limitation, in immediate termination of your Participant Account and forfeiture of any prizes.
You agree to keep your Participant Account secure and confidential. In the event that you are concerned that your username and password are no longer secure and confidential, you should immediately notify us by sending an email to email@example.com. You may be required to confirm your identity and personal information by providing additional verification documents as reasonably requested by us. Your inability to provide such verification documents could result in your access to the Service being suspended and all funds being locked to allow for further investigation. Without limiting the foregoing, any transactions made and accepted on the Service where your username and password have been used and where you have not previously notified us as provided herein will be treated as valid and you will be responsible for the same, including any expenses incurred and we will not issue any form of compensation to you.
Account Rules. You may not use scripts on the Service. You may not attempt to influence the play in any sporting event from which athletes are available for selection in Competitions on the Service in which you are involved or in which you have a direct or indirect interest. You may not use a proxy server to engage with the Service for any means, including for the purpose of misrepresenting your location. You may establish only one (1) Participant Account per person to participate in the Service. In the event DRAFT discovers that you have opened more than one (1) Participant Account per person, in addition to any other rights that we may have, we reserve the right to suspend or terminate any or all of your Participant Accounts and terminate, withhold or revoke the awarding of any prizes. Under no circumstances shall you allow or permit any other person or third party, including, without limitation, any person under the legal age to participate in a Competition in your applicable jurisdiction of residence, and in no event any person under the age of eighteen (18) years, to use or re-use your Participant Account. Any person found to have violated this Section may be reported to the relevant authorities and will forfeit all funds in your Participant Account. We will not be liable for any loss that you may incur as a result of someone else using your Participant Account, either with or without your knowledge. However, you will be liable for losses incurred by us or another party due to someone else using your Participant Account.
Deposits. To participate in Cash Competitions, You will be required to deposit funds into your Participant Account by any of the methods permitted by the Service. Such funds will be deposited into your Participant Account upon actual receipt of funds by us and/or our agents. Minimum and maximum limits may be applied to your payments into Participant Account, depending upon your history with the Service, the method of deposit, and other factors as determined solely by us in our sole discretion. DRAFT is not a bank and funds are not insured by any government agency. No interest is payable on amounts on deposit or in balance in your Participant Account. All payments into your Participant Account must be from a payment source on which you are the named account holder. All deposits and withdrawals will be denominated in U.S. dollars unless otherwise expressly stated. If you make a deposit that is denominated in a currency other than U.S. dollars, please be aware that the funds will be converted into U.S. dollars by our payment processors or your financial institution and you may be charged a service fee for such conversion. Please also be aware that our payment processors or your financial institution may use different conversion rates for deposit and refund transactions. The conversion rate used is not under our control and we recommend that you contact your financial institution directly for more information. Deposits, and player winnings after Competitions are finished, are held in a separate, segregated bank account. These funds belong to you, subject to review for evidence of fraud, verification or other prohibited conduct as described above, and we may not use them to cover its operating expenses or for other purposes.
Draft Player Reserve. Participant deposits and player winnings after Competitions are finished are held in a separate, segregated bank account held by Draft Player Reserves LLC, a legally separate and independent subsidiary of DRAFT. These funds belong to you, are subject to review for evidence of fraud, verification or other prohibited conduct as described above, and DRAFT may not use them to cover its operating expenses or for other purposes. Withdrawals will be made from Draft Player Reserves, and checks issued may bear the names of Draft Player Reserves LLC. Vendors, players, and creditors shall be aware that the funds in Draft Player Reserves are not available to creditors of DRAFT and are only available for players whose funds are held in such account. StarStreet, LLC and Draft Player Reserves LLC are prohibited from commingling funds held by DRAFT, and funds belonging to Draft Player Reserves LLC are held in a segregated account. DRAFT takes appropriate steps to prevent unauthorized withdrawals from Participant accounts. Users must be logged in and provide a matching PayPal or valid withdrawal address. Players who believe that funds held by or their Participant Accounts with DRAFT have been misallocated, compromised or otherwise mishandled, may register a complaint with DRAFT online by emailing firstname.lastname@example.org or in writing to 217 West 21st Street, New York, NY 10011. DRAFT shall use its reasonable efforts to respond to such complaints within ten (10) days. If DRAFT determines that the relief requested in the complaint will not be granted, its response will set forth the specific reasons therefore. If more information is required for DRAFT to process the complaint, the response will note the form and nature of the necessary additional information needed.
Methods of Payment and Credit Card Terms. All payments and deposits must be made through your PayPal account (or other form of payment specifically accepted by us) and also be in a currency permitted to be used by us. We currently do not accept cash, personal or business checks or any other payment form. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not these Terms to determine your rights and liabilities as a cardholder. You hereby represent and warrant that you will not use any credit card or other form of payment unless you have all necessary legal authorization to do so. YOU, AND NOT US, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. For example, if you purchase with a credit card that is issued through a bank that is based outside of the United States, your bank or our bank may charge foreign transaction fees and other similar currency exchange fees and you agree to reimburse us for any such fees or charges, if charged to us, upon our demand. Unless you notify us of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If we do not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by us or its agents.
Refund Policy. Deposits made on our Service will appear on your statement as [Insert Description]. All payments and deposits are final. No refunds will be issued.
Contests of Skill. Participants will be able to visit the Service and view the Competitions available for entry. Each Competition description will include a description of how you win a prize (if applicable). The Service offers a variety of different types of Competitions including head to head challenges and multiple team Competitions with varying roster requirements and number of rounds of drafting. Draft rules, player rankings, entry fees and scoring may differ from Competition to Competition. Each of our Competitions are governed by specific rules, as may be modified from time to time, which are set forth in the Rules and any Additional Terms and are incorporated into these Terms by this reference. You have the responsibility to review the Rules and Additional Terms prior to participating in any Competition, and to review the Rules and Additional Terms for any changes. You agree to abide by the then-current Rules and Additional Terms for the Competition(s) in which you are entered. Your failure to follow the then-current Rules or Additional Terms for the Competition(s) in which you are entered will result in your immediate and automatic forfeiture of the Competition, and we reserve the right to immediately terminate your access to the Service. The results and winners of each Competition offered on the Service will be determined by us at our own discretion and such determinations are final. By registering a Participant Account and/or participating in any Competition, You agree to be bound by these determinations.
DRAFT players median losses are $12.90, the average losses are $21.93, and players who win big or play DRAFT at a high volume are marked as Experienced Players and have made up 20.5% of the winnings over the past year. This data is from 2017 and will be updated yearly.
Competition Statistics and Live Scoring. To the extent that we offer ‘live’ statistics during gameplay, all ‘live’ statistics and other information provided through the Service and related information sources are unofficial. Live gaming statistics and their respective components are offered for informational and/or entertainment purposes only and are not used to determine the results of our Competitions. While we and the third parties used to provide the services made available through the Service use reasonable efforts to include accurate and up-to-date information, neither DRAFT nor its third party providers warrant or make any representations of any kind with respect to the information provided through the Service and related information sources. DRAFT and its third party service providers shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available via the Service and App and related information sources, and shall not be responsible or liable for any error or omissions in that information.
Prizes. Competition prizes are listed on the Service. Cash winnings will be deposited directly into your Participant Account no later than five (5) days following the end of a Competition, except in circumstances where technical failure, inability of DRAFT to verify your compliance with these Terms, or other reasons prevent such timely payout. Any amounts that are mistakenly credited as winnings to your Participant Account remain our property and will automatically be transferred out of your Participant Account upon confirmation of the error. Any cash winnings mistakenly credited to your Participant Account that have been withdrawn by you before confirmation of the error will constitute a debt owed by you to us in the amount of such wrongfully attributed winnings. Additionally, from time to time Participants may be able to win non-cash prizes through Competitions on the Service. For non-cash prizes, prizes will be awarded up to ten (10) business days following the end of a Competition. Any difference between the approximate retail value (“ARV”) and actual retail value of a prize will not be awarded to winners. The prize must be accepted as awarded and Participants hereby acknowledge that the prize is awarded “as is” and we have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the prize, including, without limitation, to the prize’s quality, merchantability or fitness for a particular purpose or express warranties (if any) provided exclusively by a prize supplier that are sent along with the prize. Prizes are non-transferable, with no cash redemptions, equivalents or substitutions, except at our sole and absolute discretion. The prize details and availability are subject to change, and in the event that we are unable to provide a winner with his/her prize, we may elect, at our sole and absolute discretion, to provide winner with the approximate value of such item in cash or award an alternate prize of comparable or greater value. The stated ARV of the prize is based on available information provided to us and the value of any prize awarded to a winner may be reported for tax purposes as required by law. The winners will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prize they receive. We reserve the right to withhold and/or deduct such taxes and charges from the prize if and to the extent required by Applicable Law. It is our policy in compliance with United States Internal Revenue Service regulations, to send an IRS Form 1099 or other appropriate form to any person who wins in excess of $600 (USD) on the Service in any given year. Depending on the jurisdiction in which you reside, the Service may also send you additional, similar tax forms. However, you remain solely responsible for paying all federal and other taxes in accordance with the laws that apply in your state, province, and/or country of residence.
In the event of a tie, cash prizes are divided evenly amongst the Participants that have tied and in the event of non-cash prizes, ties will be broken in accordance with the stated Rules of the Competition.
Winners agree that from the date of their status as a potential winner and continuing until such time when we inform them that they no longer need to do so, that they will make themselves available to us for publicity, advertising, and promotion activities. Before making any payment, we may require that a winner complete and execute an affidavit of eligibility in which, among other things, the Participant is required to represent and warrant that the Participant is eligible to participate in the Competition, is otherwise in compliance with these Terms and, potentially, is required to provide documentation or proof of eligibility and compliance. If we request that you complete and execute such an affidavit and the Participant fails to do so within seven (7) days, or we otherwise determine that the Participant does not meet the eligibility requirements or is not in compliance with these Terms, we reserve the right to terminate the Participant’s Participant Account and withhold or revoke the awarding of any prizes associated with such Participant Account. In such a situation, we may pay out any withheld or revoked prizes to the other Participants in the relevant Competition in a manner consistent with the Rules of the Competition. Participants may withdraw their cash prize awards as well as cash deposits by using the “Withdrawal” option in their Participant Account through a PayPal account. Participants may be requested to complete an affidavit of eligibility and a liability/publicity release (unless prohibited by law) and/or appropriate tax forms and forms of identification, 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 us in order to complete the withdrawal of prizes. Each year all winners who have won $600 or more over the previous year must provide updated address and social security details to DRAFT. These details will be used to allow DRAFT to comply with tax regulations and may be shared with appropriate tax authorities. You, not DRAFT, are responsible for filing and paying applicable state and federal taxes on any winnings. DRAFT does not provide tax advice, nor should any statements in this agreement or on the Service be construed as tax advice. Failure to comply with this requirement may result in disqualification and forfeiture of any prizes. Promotional deposits, credits, and other bonuses may not be withdrawn from a Participant Account unless appropriate terms of the promotion are achieved first by the user. In the event that the awarding of any prizes to winners of any Competition is challenged by any legal authority, we reserve the right in our sole discretion to determine whether or not to award such prizes. Any withdrawal requests, after approved by us, will be credited back to the same credit card or method of payment used to deposit funds in connection with the Service. When you withdraw funds from your Participant Account, you may be required to submit your social security number or other identifying information. Failure to provide your social security number at that time may result in our inability to process your withdrawal for any winnings. Subject to Applicable Law, winners of any Competition irrevocably grant the DRAFT Parties (defined below) and each of their licensees, and its and their successors, assigns and sub-licensees the right and permission to use their name, voice, likeness and/or biographical material for advertising, promotional and/or publicity purposes in connection with the Competition, in all forms of media and by all manners (now and hereafter known), and on and in connection with related products, services, advertising and promotional materials (now known or hereafter developed), worldwide, in perpetuity, without any obligation, notice or consideration, except for the awarding of the prizes to the winners.
Withdrawal of Prizes. You may request a withdrawal of funds from your available cash account balance in your Participant Account at any time. The minimum withdrawal is $10.00 U.S. dollars. Participant Account holders with pending deposits must wait until those funds clear before requesting a withdrawal. The Service reserves the right to freeze your Participant Account and/or delay a request for withdrawal of funds pending completion of any investigation of reported or suspected abuse by a user requesting withdrawal of funds. If you do not receive your withdrawal within ten (10) business days, please contact customer support at email@example.com. We reserve the right to require you or your credit card company (if applicable) to submit verification of identification to ascertain the validity of a withdrawal request and the identity of any Participant. Withdrawal payments will not be made until such verification is received and if we have not received verification within ten (10) days, the withdrawal request will be cancelled and the Participant Account in question will be suspended.
4. Timing and Termination. Each Competition will begin and end on the dates set forth in the Competition Additional Terms (the “Competition End Date”). DRAFT makes no guarantee or representation as to the length of time during which any Competition will be offered, and a Competition could end at any time. DRAFT reserves the right to cancel, modify, restrict, suspend or terminate this Service or any aspect or feature of the Service and/or extend or shorten a Competition End Date at any time without notice.
These Terms will remain in full force and effect while you use the Service and/or are a Participant. We may suspend or terminate your participation for any reason, at any time, including if you fail to remain eligible. If we suspend or terminate you because you have breached these Terms (including if you are no longer in eligible), you may terminated from the Service. Even after your participation is terminated, these Terms will remain in effect. We reserve the right, at our sole discretion, to pursue all of its legal remedies, including, but not limited to, deletion of your Participant Account, profile, prizes and submitted User Content, from the Service upon any breach by you of these Terms. If Your Participant Account is closed by us for a violation of the Terms, your deposits and winnings may be voided and not returned to you. In such an event, we may use these funds to defray the costs of administration and enforcement of the Terms.
If You do not use your Participant Account by logging on and playing in a Competition for a period of eighteen (18) consecutive months or more, We reserve the right to charge a maintenance fee of $5.00 per month (the “Monthly Maintenance Fee”). After twelve (12) or more months of inactivity, We will notify You by email that if Your Account remains inactive for one more month, the Monthly Maintenance Fee will be deducted from Your Account each consecutive month after that that it remains inactive. The Monthly Maintenance Fee will not be deducted from Your Account if there are no funds in Your Account. However, if Your Account has no funds and has been inactive for twenty-four (24) or more consecutive months we reserve the right to close your Participant Account. We will provide you with at least one (1) month’s notice by email if we intend to close your Participant Account for this particular reason.
If you wish to discontinue your participation in this Service, please contact us at firstname.lastname@example.org.
5. Content, Ownership, Limited License and Rights of Others.
Content. The Service contains a variety of: (i) materials and other items relating to DRAFT and its products and services, and similar items from our licensors and other third parties, including all layout, information, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Service, and the compilation, assembly, and arrangement of the materials of the Service and any and all copyrightable material (including source and object code); (ii) trademarks, logos, trade names, service marks, and trade identities of various parties, including those of DRAFT (collectively, “Trademarks”); and (iii) other forms of intellectual property (all of the foregoing, collectively, “Content”).
Ownership. The Service (including past, present, and future versions) and the Content are owned or controlled by DRAFT and/or our licensors and certain other third parties. All Content included on the Service is used with the permission of DRAFT, such as text, graphics, logos, icons, images, and audio clips. All right, title and interest in and to the Content available on the Service is the property of DRAFT or our licensors or certain other third parties and is protected by United States and international copyright, trademark, patent or other intellectual property rights to the fullest extent possible.
Limited License. Subject to your strict compliance with these Terms and any Additional Terms, DRAFT grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to: (i) download (temporary storage only), display, view, use, play, and/or print one copy of the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, a “Device”) for your personal, non-commercial use only, and (ii) to use certain Content that we may from time to time make available on the Service explicitly for you for use as part of or to be incorporated into your User Content (“DRAFT Licensed Elements”), but only for such purposes as may be explicitly stated at the time that the DRAFT Licensed Elements are made available on the Service; but we and our licensors and certain other third parties, as the case may be, retain ownership of such DRAFT Licensed Elements. The foregoing limited license: (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in DRAFT’s sole discretion, and without advance notice or liability. In some instances, we may permit you to have greater access to and use of Content and/or DRAFT Licensed Elements, subject to certain Additional Terms. You may not distribute, modify, transmit, reuse, re-post, or use the Content on the Service for public or commercial purposes, including the text, images, audio, and video without DRAFT’s written permission.
Rights of Others. When using the Service, you must respect the intellectual property and other rights of DRAFT and others. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. DRAFT respects the intellectual property rights of others. If you believe that your work has been infringed by means of an improper posting or distribution of it via the Service, then please see Section 11 below.
6. Terms Applicable To User Content.
General. DRAFT may now or in the future offer Participants the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Service messages, avatars, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, but excluding DRAFT Licensed Elements included therein, “User Content”). DRAFT may allow you to do this through forums, blogs, message boards, social communities, email, and other communications functionality. Subject to the rights and license you grant in these Terms, you retain whatever legally cognizable right, title, and interest that you have in your User Content.
License to DRAFT of Your User Content. Except as otherwise described in any applicable Additional Terms, which specifically govern the submission of your User Content, you grant to DRAFT, the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your User Content (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User Content and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User Content for any purposes whatsoever, including developing, producing, and marketing products and/or services. In order to further affect the rights and license that you grant to DRAFT to your User Content, you also grant to DRAFT the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any User Content, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section 6(A)(iii).
DRAFT’s Exclusive Right to Manage our Venue. DRAFT may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your User Content, and DRAFT may, in its sole discretion, reject, delete, move, re-format, remove or refuse to post or otherwise make use of User Content without notice or any liability to you or any third party in connection with our operation of User Content venues in an appropriate manner. Without limitation, we may do so to address content that comes to our attention that we believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms or any applicable Additional Terms, including without limitation, the content restrictions set forth in the Code of Conduct. Such User Content submitted by you or others need not be maintained on the Service by us for any period of time and you will not have the right, once submitted, to access, archive, maintain, or otherwise use such User Content in connection with the Service or elsewhere.
Representations and Warranties Related to Your User Content. Each time you submit any User Content, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside and are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any User Content you submit, and that, as to that User Content: (a) you are the sole author and owner of the intellectual property and other rights to the User Content, or you have a lawful right to submit the User Content and grant DRAFT the rights to it that you are granting by these Terms and any Additional Terms, all without any DRAFT obligation to obtain consent of any third party and without creating any obligation or liability of DRAFT; (b) the User Content is accurate; (c) the User Content does not and, as to DRAFT’s permitted uses and exploitation set forth in these Terms, will not infringe any intellectual property or other right of any third party; and (d) the User Content will not violate these Terms (including the Code of Conduct) or any Additional Terms, or cause injury or harm to any person.
Enforcement. DRAFT has no obligation to monitor or enforce your intellectual property rights to your User Content, but you grant us the right to protect and enforce our rights to your User Content, including by bringing and controlling actions in your name and on your behalf (at DRAFT’s cost and expense, to which you hereby consent and irrevocably appoint DRAFT as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).
7. Participant Disputes. You are solely responsible for your interactions with other Participants, whether online or offline. We are not responsible or liable for the conduct or content of any Participant. DRAFT reserves the right, but have no obligation, to monitor or become involved in disputes between you and other Participants. Exercise common sense and your best judgment in your interactions with others (e.g., when you submit any personal or other information) and in all of your other online activities.
8. Code of Conduct.
Competitions. By entering a Competition, Participants agree to be bound by these rules and our decisions, which shall be final and binding in all respects. We may, at our sole discretion, disqualify any Participant from a Competition, refuse to award benefits or prizes and require the return of any prizes, if the Participant engages in conduct or otherwise utilizes any information we deem to be improper, unfair or otherwise adverse to the operation of the Competition or is in any way detrimental to other Participant. These Terms prohibit entering a Competition if the entrant is:
Users further acknowledge that the forfeiture and/or return of any prize shall in no way prevent us from pursuing criminal or civil proceedings in connection with such conduct.
User Content. You understand and agree that DRAFT may review and delete any User Content that, in the sole judgment of DRAFT, violates these Terms or which might be offensive, inconsistent with what is appropriate in our Service, illegal, or that might violate the rights, harm, or threaten the safety of Participants. The following is a list of the kind of User Content that is prohibited on the Service. DRAFT reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including, without limitation, removing the offending User Content from the Service and terminating the participation of such violators. Content that violates the “Code of Conduct” includes, but is not limited to, User Content that:
Even though all of this is strictly prohibited, there is a small chance that Participants might become exposed to such items and each Participant further waives Participant’s right to any damages (from any party) related to such exposure.
Your submission of User Content is also subject to these additional rules that are part of our Code of Conduct:
If you submit User Content that we reasonably believe violates this Code of Conduct, then we may take any legally available action that we deem appropriate, in our sole discretion. However, we are not obligated to take any action not required by law. We may require, at any time, proof of the permissions referred to above in a form acceptable to us. Failure to provide such proof may lead to, among other things, the User Content in question being removed from the Service. If you discover any content that violates these Terms, then you may report it to: email@example.com. For alleged infringements of intellectual property rights, see Section 11, below.
9. Service and Content Use Restrictions.
Service Use Restrictions. You agree that you will not: (i) use the Service for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products); (ii) transmit any chain letters or junk email to other Participants; (iii) use any meta tags or any other “hidden text” utilizing any Trademarks; (iv) engage in any activities through or in connection with the Service that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to DRAFT; (v) reverse engineer, decompile, disassemble, reverse assemble, or modify any site source or object code or any software or other products, services, or processes accessible through any portion of the Service; (vi) engage in any activity that interferes with a user’s access to the Service or the proper operation of the Service, or otherwise causes harm to the Service, DRAFT, or other Participants of the Service; (vii) interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service, the Content, or the User Content; or (viii) otherwise violate these Terms or any Additional Terms.
Content Use Restrictions. You also agree that, in using the Service: (i) you will not monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Service by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) you will not frame or utilize framing techniques to enclose any such Content (including any images, text, or page layout); (iii) you will keep intact all Trademark, copyright, and other intellectual property notices contained in such Content; (iv) you will not use such Content in a manner that suggests an unauthorized association with any of our or our licensors’ products, services, or brands; (v) you will not make any modifications to such Content (other than to the extent of your permitted use of the DRAFT Licensed Elements, if applicable); (vi) you will not modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party application or websites, or otherwise use or exploit such Content in any way for any purpose except as specifically permitted by these Terms or any Additional Terms or with the prior written consent of an officer of DRAFT or, in the case of Content from a licensor, the owner of the Content; and (vii) you will not insert any code or product to manipulate such Content in any way that adversely affects any user experience.
Availability of Service and Content. DRAFT may immediately suspend or terminate the availability of the Service and Content (and any elements and features of them) in whole or in part for any reason, in DRAFT’s sole discretion, and without advance notice or liability.
Reservation of All Rights Not Granted as to Content and Service. These Terms and any Additional Terms include only narrow, limited grants of rights to Content and to use and access the Service. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by DRAFT and its licensors and other third parties. Any unauthorized use of any Content or the Service for any purpose is prohibited.
10. Linked Sites; Advertisements; Dealings with Third Parties.
Linked Sites; Advertisements. In addition to Perks, the Service may also contain other links to sites that are controlled by third parties (“Linked Sites”). Those Linked Sites are not controlled by DRAFT, and Participants acknowledge that DRAFT is not responsible for the content of any such Linked Site or any link contained in a Linked Site. DRAFT provides such links only as a convenience, and the inclusion of any link does not imply endorsement by DRAFT of any Linked Site. DRAFT does not endorse, approve, or sponsor any Linked Sites, or any third-party content, advertising, information, materials, products, services, or other items. Furthermore, DRAFT is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such Linked Sites. Finally, DRAFT will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third-party Linked Sites. Any activities you engage in connection with any of the same are subject to the privacy and other policies, terms and conditions of use and/or sale, and rules issued by the operator of the Linked Sites. DRAFT disclaims all liability in connection therewith.
Dealings with Third Parties. Any interactions, correspondence, transactions, and other dealings that you have with any third parties found on or through the Service (including on or via Linked Sites or advertisements) are solely between you and the third party (including issues related to the content of third-party advertisements, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like). DRAFT disclaims all liability in connection therewith.
11. Designated Agent for Copyright Infringement Notification.
DMCA Notice. DRAFT will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (“DMCA”), as set forth below. If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner’s) copyright in that work has been infringed by an improper posting or distribution of it via the Service, then you may send us a written notice that includes all of the following:
DRAFT will only respond to DMCA Notices that it receives by mail, email or facsimile at the addresses below:
By Mail: StarStreet, LLC, 217 West 21st Street, New York, NY 10011 (Attn: DMCA Agent)
By email: firstname.lastname@example.org
It is often difficult to determine if your copyright has been infringed. DRAFT may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and DRAFT may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.
Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification.
Without limiting DRAFT’s other rights, DRAFT may, in appropriate circumstances, terminate a repeat infringer’s access to the Service and any other website owned or operated by DRAFT.
Counter-Notification. If access on the Service to a work that you submitted to DRAFT is disabled or the work is removed as a result of a DMCA Notice, and if you believe that the disabled access or removal is the result of mistake or misidentification, then you may send us a DMCA Counter-Notification to the addresses above. Your DMCA Counter-Notification should contain the following information:
Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than ten (10) and not more than fourteen (14) business days following receipt of the DMCA Counter-Notification. However, we will not do this if we first receive notice at the addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Service. You should also be aware that we may forward the Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.
12. Disclaimers. YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. Therefore, to the fullest extent permissible by law, DRAFT, its parent company, and each of their respective subsidiaries and each of their respective employees, directors, officers, managers, shareholders, agents, prize providers, agencies, vendors, licensors, licensees, contractors, successors, and assigns (collectively, “DRAFT Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to:
EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN OR IN ADDITIONAL TERMS PROVIDED BY A DRAFT PARTY, THE DRAFT PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.
The DRAFT Parties are not responsible for: any incorrect, invalid or inaccurate entry information; human errors; 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 Participant to participate in a Competition), including, without limitation, any injury or damage to any Participant’s or any other person’s computer or video equipment relating to or resulting from participation in a Competition; inability to access the Service, or any web pages that are part of or related to the Service; 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. We are not responsible for incomplete, illegible, misdirected or stolen entries. If for any reason a Competition is not capable of running as originally planned, or if a Competition, computer application, or website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper entry to a Competition in accordance with the Terms or applicable 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 our sole opinion of corrupts or affects the administration, security, fairness, integrity, or proper conduct of a Competition, DRAFT 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 Competition, and select the winner(s) from all eligible entries received. If such cancellation, termination, modification or suspension occurs, notification will be posted on the Service. ANY ATTEMPT BY AN PARTICIPANT OR ANY OTHER INDIVIDUAL TO DAMAGE THE SERVICE OR UNDERMINE THE LEGITIMATE OPERATION OF ANY COMPETITION IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE DRAFT PARTIES RESERVE THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
We reserve the right, in its sole discretion, to cancel or suspend the Competitions (or any portion thereof) should virus, bugs, unauthorized human intervention, or other causes corrupt administration, security, fairness, integrity or proper operation of the Competitions (or any portion thereof) warrant doing so.
Participants further understand and expressly agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. You acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions’ laws are applicable.
DRAFT is not affiliated with or sponsored by any professional sports league, including the National Football League, the National Basketball Association, the National Hockey League, the Professional Golf Association or Major League Baseball.
13. Limitation on Liability. UNDER NO CIRCUMSTANCES WILL ANY DRAFT PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages that are directly or indirectly related to:
The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if the DRAFT Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Service).
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you.
EXCEPT AS MAY BE PROVIDED IN ANY ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE DRAFT PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICE AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID TO ACCESS THE SERVICE OR IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S); PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE. FOR PURPOSES OF CLARITY, THE PRIOR SENTENCE DOES NOT EXPAND OR LIMIT ANY EXPRESS, WRITTEN PRODUCT WARRANTY THAT IS PROVIDED BY US.
14. Our Rights. DRAFT reserves the right to modify, suspend, cancel or discontinue the Service, in whole or in part, for any reason, at its sole discretion, with or without notice to Participants. DRAFT may, among other things, withdraw, limit, modify, suspend or cancel any prize and/or modify or regulate the prizes or benefits you may have accrued. Each Participant agrees that DRAFT will not be liable to the Participant or any third party for any modification or discontinuance of the Service. DRAFT reserves the right to interpret and apply the policies and procedures communicated in these Terms. DRAFT reserves the right to terminate any Participant’s participation in the Service, to deny award of any prize and/or terminate service if, in DRAFT’s sole judgment, such Participant has in any way violated these Terms.
15. Dispute Resolution.
APPLICABLE LAW/BINDING ARBITRATION. THESE TERMS SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK AND THE UNITED STATES OF AMERICA WITHOUT REGARD TO ANY CHOICE OF LAW OR CONFLICT OF LAWS PRINCIPLES, REGARDLESS OF WHERE YOU LIVE. ALL ACTIONS OR PROCEEDINGS ARISING IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THESE SERVICE TERMS, THE SERVICE, COMPETITIONS, THE SITE, THE APP, OR THE BREACH OF THESE TERMS AND/OR THE SCOPE OF THE PROVISIONS OF THIS ARBITRATION CLAUSE, SHALL BE SUBMITTED TO JAMS (“JAMS”) FOR FINAL AND BINDING ARBITRATION UNDER ITS STREAMLINED ARBITRATION RULES, TO BE HELD IN NEW YORK, NEW YORK, BEFORE A SINGLE ARBITRATOR WHO SHALL BE A RETIRED JUDGE. THE ARBITRATOR SHALL BE SELECTED BY MUTUAL AGREEMENT OF THE PARTIES OR, IF THE PARTIES CANNOT AGREE, THEN BY STRIKING FROM A LIST OF ARBITRATORS SUPPLIED BY JAMS. THE ARBITRATION SHALL BE A CONFIDENTIAL PROCEEDING, CLOSED TO THE GENERAL PUBLIC. THE ARBITRATOR SHALL ISSUE A WRITTEN OPINION STATING THE ESSENTIAL FINDINGS AND CONCLUSIONS UPON WHICH THE ARBITRATOR’S AWARD IS BASED. THE ARBITRATOR SHALL HAVE THE POWER TO ENTER TEMPORARY RESTRAINING ORDERS AND PRELIMINARY AND PERMANENT INJUNCTIONS. NEITHER PARTY SHALL BE ENTITLED OR PERMITTED TO COMMENCE OR MAINTAIN ANY ACTION IN A COURT OF LAW WITH RESPECT TO ANY MATTER IN DISPUTE UNTIL SUCH MATTER SHALL HAVE BEEN SUBMITTED TO ARBITRATION AS HEREIN PROVIDED AND THEN ONLY FOR THE ENFORCEMENT OF THE ARBITRATOR’S AWARD.
Limited Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES – OR IT WILL BE FOREVER BARRED.
Small Claims Matters Are Excluded from Arbitration Requirement. Notwithstanding the foregoing, either of us may bring qualifying claim in small claims court.
No Class Action Matters. Except where prohibited by law, Participants agree that: (a) any and all disputes, claims and causes of action arising out of or connected with this Service, a Competition or any points, prizes or benefits awarded in connection therewith will be arbitrated only on an individual basis, without resort to any form of class action, and will not be consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Service, but in no event attorneys’ or experts’ fees; and (c) under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
16. Waiver of Injunctive or Other Equitable Relief. IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR PARTICIPATION IN THE SERVICE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITES, APPLICATIONS, CONTENT, USER CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY US (INCLUDING YOUR LICENSED USER CONTENT) OR A LICENSOR OF DRAFT.
17. Indemnity. In exchange for the right to participate in the Service and Competitions, you agree to indemnify, defend (at our option) and hold the DRAFT Parties harmless from and against any and all damages, losses, liabilities, claims, costs, investigations, judgments, fines, penalties, settlements, interest, expenses or demands, including, but not limited to, personal injury, death, or damage to or loss of property, that directly or indirectly arise from or are related to: (i) injuries, damages, or losses to persons and property which may be sustained in connection with participation in a Competition, the receipt, ownership, use or misuse of any prize or while preparing for, participating in and/or travelling to or from any prize related activity, as well as any claims based on publicity rights, defamation, or invasion of privacy; (ii) your User Content; (iii) your use of the Service and your activities in connection with the Service; (iv) your breach or anticipatory breach of these Terms or any Additional Terms; (v) your violation or anticipatory violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Service, participation in Competitions, and your other activities in connection with the Site, App and the Service; (vi) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vii) any misrepresentation made by you; and (vii) our use of the information that you submit to us (including your User Content) (all of the foregoing, “Claims and Losses”). We may, in our sole and absolute discretion, require any prize winner to execute a separate release of claims similar to the one listed above in this Paragraph as a condition of being awarded any prize or receiving any payout.
You will cooperate as fully required by us in the defense of any Claim and Losses. Notwithstanding the foregoing, we retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. We reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of DRAFT. We are not responsible for technical, hardware, network connections or incomplete or delayed computer transmissions, regardless of cause.
18. Updates to Terms. These Terms (or if applicable Additional Terms), in the form posted at the time of your use of the applicable services to which they apply, shall govern such use (including transactions entered during such use). AS OUR SERVICE EVOLVES, THE TERMS AND CONDITIONS UNDER WHICH WE OFFER THE SERVICE MAY BE MODIFIED AND WE MAY CEASE OFFERING THE SERVICE UNDER THE TERMS OR ADDITIONAL TERMS FOR WHICH THEY WERE PREVIOUSLY OFFERED. ACCORDINGLY, EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE SERVICE YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS BY POSTING THEM ON THE SERVICE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SERVICE AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE REVISED TERMS. Therefore, you should review the posted terms of service and any applicable Additional Terms each time you use the Service (at least prior to each transaction or submission). The revised Terms will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you. However, the Terms (and any applicable Additional Terms) that applied when you previously used the Service will continue to apply to such prior use (i.e., changes and additions are prospective only) unless mutually agreed. In the event any notice to you of new, revised or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You should frequently check the home page, and the email you associated with your Participant Account for notices, all of which you agree are reasonable manners of providing you notice. You can reject any new, revised or Additional Terms by discontinuing use of the Service and related services.
19. Communications, Notices & Customer Service. By signing-up for the Service, you agree that: (i) we may give you notices of important matters by prominently posting notice on the home page of the Service or in another reasonable manner we determine in our sole discretion; and (ii) we may contact you and send you communications by postal mail and email at the addresses provided in your Participant Account. These communications may include marketing communications about the Service as well as other promotional offers unrelated to the Service and you consent to receive these communications from us even if you previously indicated to us that you no longer wanted to receive communications from us. Your sign-up to the Service will serve as your express agreement to receive these marketing and similar communications from us. You may prospectively modify certain types of email communications that you receive from us relating to the Service by following the instructions contained within such emails. Such changes will only impact our email communications to the extent described in the modification process. You agree to promptly notify us if you change your email or mailing address by updating your Participant Account.
If you have a question regarding using the Service, you may contact DRAFT Customer Support by emailing us at email@example.com. You acknowledge that the provision of customer support is at our sole discretion and that we have no obligation to provide you with customer support of any kind.
20. General Provisions.
Severability. If any provision of these Terms, or any Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms or the Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the Additional Terms (which will remain in full force and effect). To the extent permitted by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter.
Communications. When you communicate with us electronically, such as via email and text message, you consent to receive communications from us electronically. Please note that we are not obligated to respond to inquiries that we receive. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Investigations; Cooperation with Law Enforcement; Termination; Survival. We reserve the right, without any limitation, to: (i) investigate any suspected breaches of its site’s security or its information technology or other systems or networks; (ii) investigate any suspected breaches of these Terms and any Additional Terms; (iii) investigate any information obtained by us in connection with reviewing law enforcement databases or complying with criminal laws; (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters; (v) prosecute violators of these Terms and any Additional Terms; and (vi) discontinue the Service, in whole or in part, or, except as may be expressly set forth in any Additional Terms, suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party. Any suspension or termination will not affect your obligations to us under these Terms or any Additional Terms. Upon suspension or termination of your access to the Service, or upon notice from us, all rights granted to you under these Terms or any Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Service. The provisions of these Terms and any Additional Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to us in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.
Assignment. We may assign its rights and obligations under these Terms and any Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of DRAFT.
No Waiver. Except as expressly set forth in these Terms or any Additional Terms, (i) no failure or delay by you or us in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms or any Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.
Connectivity. You are responsible for obtaining and maintaining all Devices and other equipment and software, and all internet service provider, mobile service, and other services needed for your access to and use of the Service and you will be responsible for all charges related to them.
21. Terms Applicable For Apple iOS.
If you are accessing or using our Service through a Device manufactured and/or sold by Apple, Inc. (“Apple”, with such a device herein referenced as an “Apple Device”):
To the extent that you are accessing the App through an Apple Device, you acknowledge that these Terms are entered into between you and DRAFT and, that Apple is not a party to these Terms other than as third-party beneficiary as contemplated below.
The license granted to you in Section 5 of these Terms is subject to the permitted Usage Rules set forth in the Apple App Store Terms and Conditions (see: http://www.apple.com/legal/itunes/us/terms.html) and any third party terms of agreement applicable to the App.
You acknowledge that DRAFT, and not Apple, is responsible for providing the App and Content thereof.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the App.
To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.
Notwithstanding anything to the contrary herein, and subject to the terms in these Terms, you acknowledge that, solely as between Apple and DRAFT, DRAFT and not Apple is responsible for addressing any claims you may have relating to the App, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Further, you agree that if the App, or your possession and use of the App, infringes on a third party’s intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
When using the App, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with the App.
You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.