OTHER APPLICABLE TERMS
Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of the Site. When using the Site, you must comply at all times with this Acceptable Use Policy.
If you purchase goods from the Site, our terms and conditions of supply will apply to the sales.
If you participate in any Contest (as defined below) additional Contest and/or promotional terms may apply which may set out, among other things, the eligibility requirements, conditions of participation and restrictions placed on any Contests offered by us on the Site from time to time.
Any promotional bonus, credit or deposit made to your account at the Site by us may be subject to additional terms and conditions which may set out, among other things, restrictions on its use and its ability to be withdrawn and/or converted to real funds.
INFORMATION ABOUT US
The Site is operated by Stars Fantasy Sports SubCo, LLC (“Stars Fantasy”, “we” or “us”), a Delaware limited liability corporation, whose principal place of business is located at 9111 Jollyville Road, Suite 235, Austin, TX 78759.
CHANGES TO THESE TERMS
CHANGES TO THE SITE
We may update the Site from time to time, and may change the content at any time, but shall be under no obligation to do so. Accordingly, by using the Site you acknowledge that its content may be out of date at any given time, and that we are under no obligation to update it. We do not guarantee that the Site, or any content on it, will be free from errors or omissions.
ACCESSING THE SITE
YOUR ACCOUNT AND PASSWORD
CONTESTS – ELIGIBILITY, PARTICIPATION AND PRIZES
- be at least 18 years of age (or the equivalent age of majority in your jurisdiction, if greater than 18 years); and
- be physically located in the states of Kansas, New Jersey, Rhode Island and West Virginia (each other location is a “Restricted Territory”); and not enter the Contest using non-public data or any other data not made available to all users on the Site, or anything to gain an advantage over other users on the Site.
In seeking to register an account on the Site, you are representing to us that you are of sufficient age and not legally resident, or physically located in, a Restricted Territory and you agree to provide us, upon request, with such documentation as we may require from time to time to verify your age, identity and residency status. You are also representing that you are not using any non-public data or anything to gain an advantage over other users on the Site. You acknowledge that failure to provide any such documentation within a timely fashion may result in the suspension or termination of your account, without notice, including possible loss of prizes. In such a situation, we will pay out any withheld or revoked prizes to the other entrants in the relevant Contest, consistent with the prize structure of the Contest, as determined by us in our sole discretion.
You may withdraw from any Contest entered, at any time, prior to either the acceptance by us of the final contestant’s entry, or the commencement of the Contest, whichever is sooner.
Prizes will be awarded as soon as reasonably practicable following the conclusion of each Contest. The prizes available for each Contest are published in the respective Contest’s prize table. In the event of a tie, prizes are divided evenly amongst the participants that have tied. Any cash prizes won by you will be added to your account balance at the Site.
We reserve the right, in our sole discretion, to cancel or suspend any Contest (or any portion thereof) for any reason whatsoever, including but not limited to, the safeguarding of the administration, security, fairness, integrity or proper operation of the Contest (or any portion thereof). We may provide you with notification of such cancellations or suspensions, but will not be obliged to do so. In the event that a Contest is cancelled altogether, no Contest entry fee will be payable by you and any amounts that were to be used for the purpose of entering the Contest will once again be made available to you via your account.
Unless you have provided an indication to the contrary when submitting a Contest entry, we may, in our sole discretion, move you from any Contest you have entered to another that is substantially similar to it and you hereby consent and agree to any such move.
By entering a Contest, you consent to the use of, and agree that we, our service providers and business partners may use, your name, username, voice, likeness, and photograph in, and in connection with, the development, production, distribution and/or use (including marketing and promotion) of any Contest, the Site and/or Stars Fantasy generally, unless otherwise prohibited by law and we may post your statistics in any prior Contests. If consent is required for such use of your name, voice, likeness and photograph, you agree to cooperate with us in providing your consent. In the event that you are declared the winner of any Contest prize, you acknowledge and agree that acceptance of said prize will be conditional upon you making yourself available to us for publicity, advertising and promotional activities relating to the Contest or other Stars Fantasy products, services or events, without additional compensation, from the date of notification by us that you have won a contest Prize until such time as we inform you that you are no longer required to make yourself so available, unless otherwise prohibited by law, and to provide us with any required consents. We, and our business partners, reserve the right to make public statements about Contest entrants and winners, on-air, on the Internet, or otherwise, prior to, during, or following the completion of a Contest. You agree that your participation in a Contest and, where applicable, the winning of a Contest prize constitutes complete and sufficient consideration and compensation for your obligations hereunder and, further, you agree not to charge or demand, or attempt or seek to charge or demand, any fee or additional consideration or compensation, or impose any additional conditions, in respect of the fulfillment of any such obligations, except where required by applicable law.
Our employees may use the Site to test the user experience and for entertainment purposes. However, our employees may not participate, withdraw money or receive prizes.
CONTESTS – FRAUD AND UNFAIR ACTIVITY
- Falsifying any personal information required to create an account at the Site, or to enter a Contest or claim a prize;
- Unauthorized use of any third party’s account at the Site;
- Creating multiple accounts at the Site;
- Engaging in any type of financial fraud, including the unauthorized use of credit or debit cards to enter a Contest or claim a prize;
- Colluding with third parties;
- Misusing privileged and/or “insider” information or knowledge that is not in the public domain;
- Dealing, in any way, with any third party who may be able to influence the outcome of any Contest;
- Using automated scripts, bots, or other automated means to enter and/or participate in Contests;
- Using any means to obtain, collect or access any information on the Site or of any other user of the Site, for any purpose;
- Abusing Site bonuses or any other Site offer, program or promotion;
- Any attempt to tamper with, manipulate or influence any Contest, the Site, its software or any security measure;
- Wrongfully obtaining other Site users’ personal information;
- Abusing the Site, or its users, in any way.
PAYMENTS AND WITHDRAWALS
You may withdraw cash prizes awarded, cleared bonuses and/or funds previously deposited via the “Cashier” section of the Site.
Deposits will always be deemed to be withdrawn before any prizes awarded and may only be withdrawn to the same account, card or payment method used to make the original deposit. Once the aggregate amount of all deposits has been withdrawn to the respective depositing accounts, cards or payment methods, you may request withdrawals in any form and/or to any account, card or payment method you desire and which may be supported by us from time to time.
You acknowledge that, in order to complete withdrawals, you may be requested to complete affidavits of eligibility, liability/publicity releases (unless prohibited by law) and/or appropriate tax or other forms and you hereby agree to do so upon our reasonable request. You further acknowledge that you may be requested to provide copies of certain forms of identification and/or official documentation including, but not limited to, your passport/driver’s license, proof of residence and/or certain information relating to payment/deposit accounts or methods and you hereby agree to do so upon our reasonable request. Failure to comply with any such request may result in your disqualification from Contest results, the forfeiture of any prizes and, subsequently, the refusal of your withdrawal request.
Any promotional bonuses, credits or deposits that we might make to your account will not be capable of being withdrawn by you until such time as they have been “cleared” by you adhering to and completing any accompanying promotional terms and conditions.
You acknowledge and agree that the payment of taxes on any Contest prizes awarded and/or amounts withdrawn from your account at the Site shall always be your own personal responsibility and that, under no circumstances, will we be liable to pay, reimburse or otherwise cover the payment of any such tax, or be liable to you in any way whatsoever in relation to the same. In the event that any Contest prizes awarded to you are challenged by any legal or governmental authority, we reserve the right, in our sole discretion, to determine whether or not to make payment to you in respect of such prizes and we will not be obligated to do so. In the event of a dispute regarding the identity of the person submitting an entry into a Contest, the entry will be deemed submitted by the person in whose user name the entry was submitted, or if that identity is unclear in our sole discretion, the name in which the email address on file was registered with the email service provider.
No substitution or transfer of Contest prizes is permitted, except that we may substitute a Contest prize for one of equal, or greater, value should the original Contest prize be unavailable for any reason. ALL CONTEST PRIZES ARE AWARDED WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE).
INTELLECTUAL PROPERTY RIGHTS
UPLOADING CONTENT TO THE SITE
DIGITAL MILLENIUM COPYRIGHT ACT (“DMCA”)
DMCA Complaint Requirements. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement or that there is infringing material available through our Site, please notify our copyright agent, designated below, in accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”). For your complaint to be valid under the DMCA, you must provide the following information in writing:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner; and
- Specific identification of the copyrighted work that you claim has been infringed; and
- Specific identification of the material that is claimed to be infringing and where it is located on our Site; and
- Information reasonably sufficient to permit us to contact you, including your name, address, telephone number, and, e-mail address; and
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
DMCA Agent. The above information must be submitted to the following DMCA Agent:
1717 Pennsylvania Avenue, NW
Washington, DC 20006
We do not guarantee that the Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform in order to access the Site. You should use your own virus protection software. You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may be committing criminal offences. We will report any such breach to the relevant law enforcement agencies/authorities and we will cooperate fully with those agencies/authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
LINKING TO THE SITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or seek to take advantage of it.You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to the Site on any website that is not owned by you, or which you are not authorized to establish links to the Site on in the manner so established. The Site must not be framed on any other site, nor may you create a link to any part of the Site other than the home page. We reserve the right to withdraw linking permission without notice. The website which links to the Site must comply in all respects with the content standards set out in our Acceptable Use Policy.
THIRD PARTY LINKS AND RESOURCES ON THE SITE
Where the Site contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.
NO RELIANCE ON INFORMATION
The content on the Site is provided “AS IS”, “AS AVAILABLE” and “WITH ALL FAULTS” for general information and entertainment purposes only. It is not intended to amount to advice on which you should rely. You acknowledge and agree that: a) the Site’s “VICTRON” feature is provided for your convenience only and that no VICTRON output is intended, or should be deemed, to be, or will amount to, a suggestion or recommendation on the part of Stars Fantasy upon which any reliance should be placed when selecting and/or submitting any Contest entry; and b) any Contest entry submitted by you is your own informed selection and has been the subject of considered review utilizing your skill prior to submission; c) we will not be liable to you, in any way, for any Contest entry that has been generated, in whole or in part, by your use of the site’s VICTRON feature. Although we make reasonable efforts to update the information on the Site, we make no representations, warranties or guarantees, whether express or implied, that the content on the Site is accurate, complete or up-to-date.
LIMITATION OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY – IT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, WHICH AFFECT YOUR LEGAL RIGHTS.
INITIAL DISPUTE RESOLUTION.
We would like to try to work disputes out with you informally. You can contact our customer department at firstname.lastname@example.org to address your concerns regarding the Site. Our customer department is able to resolve most concerns quickly to our players’ satisfaction.
APPLICABLE LAW AND CONSENT TO ARBITRATION
bring an action in state or federal court to protect our respective intellectual property rights (“intellectual property rights” in this context means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights); or
seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
For any dispute not subject to arbitration, for any reason whatsoever, you and Stars Fantasy agree to submit to the personal and exclusive jurisdiction and venue of the federal and state courts of the County of New York, State of New York. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
RIGHT TO OPT OUT FOR 30 DAYS
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following address:
Stars Fantasy Sports SubCo, LLC
9111 Jollyville Road, Suite 235
Austin, TX 78759
The notice must be sent within 30 days of [insert date this is updated] or your first use of the Site, whichever is later, otherwise you shall be bound to arbitrate disputes in accordance with the terms above. If you opt-out of these arbitration provisions, we will also not be bound by them.
WAIVER AND SEVERABILITY OF TERMS
the parties agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that all other provisions remain in full force and effect.
STATUTE OF LIMITATIONS AND PRESCRIPTION
You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site must be filed within one year from the date upon which such claim or cause of action first arose or be forever barred.
The section titles in the Terms are for convenience only and have no legal or contractual effect.
To contact us, please email email@example.com.Thank you for visiting the Site.