Terms of Service

Terms of Service

IMPORTANT NOTICE: PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE USING FANSHARP.COM AS THEY MAY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.

THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS SET FORTH AND DETAILED BELOW.

USER AGREEMENT

The website https://fansharp.com/ (“Website”), including all content, images, text, audio, code, sub-pages, sub-domains, and any and all other material it may contain or provide, is owned and operated by Third Screen Sports, Inc. d/b/a “FanSharp” (“FanSharp”). We are pleased to offer you access to the Website and the ability to participate in peer-to-peer daily fantasy sports contests (“Contests”) of skill, in addition to providing you other content, products, services, and promotions (collectively, “Services”). These Terms of Service (“Terms of Service” or “Terms”) set forth the terms and conditions that govern your access to and use of the Website and your ability to participate in Services that we may provide via the Website, and, together with our privacy policy (“Privacy Policy”) and the Official Rules and Regulations for each applicable contest and promotion offered on the Website (the “Rules” or “Rules and Scoring,” and together with the Terms of Service and Privacy Policy, the “Agreement”), form the entire agreement between you and FanSharp in connection with the Services.

ACCEPTANCE OF TERMS

By using and/or otherwise accessing the Website; registering for Services offered on the Website; accepting, uploading, submitting, or downloading any information or content from or to the Website; or by clicking to accept or agree to these Terms, you: (i) accept and agree to be bound by these Terms and our Rules and Scoring; and (ii) consent to the collection, use, disclosure, and other handling of information provided by you to us pursuant to and as described in our Privacy Policy. DO NOT USE THE WEBSITE OR THE SERVICES IF YOU DO NOT WISH TO BE BOUND BY THE AGREEMENT OR THESE TERMS OF SERVICE. These Terms of Service constitute a legal, binding agreement between you and FanSharp, and shall apply to your use of the Website and the Services. If you do not agree to the Terms, then you may not access the Website or use the Services.

From time to time, FanSharp may issues additional terms, rules, and/or conditions for participation in Services, including, without limitation, Contests, offered via the Website. Such additional terms, rules, and/or conditions may be required by various state rules and/or regulations that may affect your experience or ability to participate in the Services. By participating in such Contests, or continuing to access the Website, you agree to be subject to and bound by such additional terms, rules, and/or conditions.

MODIFICATION OF TERMS

FanSharp reserves the right to update and change these Terms of Service without prior notice to you at any time.. You shall be solely responsible for reviewing and becoming familiar with any such update or change to the Terms. If we determine, in our sole discretion, that an update or change to the Terms is material with regard to your ability to use and/or access the Website and/or Services, we will notify you by contacting you through the email address associated with your account on the Website. Your continued access and/or use of the Website or Services after any such change to the Terms constitutes your acceptance of the Terms as modified, and means you agree to be bound by such change.

ELIGIBILITY

The Contests are void where prohibited and you may not use the Website or the Services if you live in an area that does not allow participation in the Contests. By accessing the Website and/or using the Services, you hereby represent and warrant that you are fully able and competent to enter into and abide by the terms, conditions, affirmations, representations, and warranties set forth in these Terms. You hereby represent and warrant that you meet the following conditions:

If FanSharp determines, in its sole discretion, that you do not meet the eligibility requirements stated in this section, you are not authorized to access the Website and/or use the Services. FanSharp may require you to provide proof that you are eligible to participate in Contests in accordance with this section prior to receiving a prize, including, without limitation, providing an affidavit of eligibility and/or other verification information. In addition to any other rights FanSharp may have in law or equity, in the event it is determined that you do not meet the foregoing requirements, or if you fail to comply with FanSharp’s demand of proof of eligibility, FanSharp reserves the right to suspend or terminate your account (and terminate, withhold, or revoke the awarding of any prizes associated with such account). In such a situation, FanSharp may pay out any withheld or revoked prizes to the other entrants in the relevant Contest in a manner consistent with the prize structure of such Contest, as determined in FanSharp’s sole discretion. In the event of a dispute as to your identity or eligibility to participate in Contests, FanSharp will utilize certain information collected by FanSharp to assist in verifying your identify and/or eligibility to participate.

FanSharp employees may not participate in any publicly available free contests that offers cash or cash equivalent prizes, except for the limited purpose of testing the user experience. Participation by FanSharp employees in private Contests or free Contests with no prizes is permitted.

Employees or operators of other daily fantasy websites that charge entry fees or offer cash prizes, including, without limitation, FanDuel, DraftKings, and Yahoo, and individuals who, by virtue of affiliation with another daily fantasy website, have access to such daily fantasy website’s pre-release non-public confidential data about game-related information may not enter any Contests in which a real money prize is awarded. If such person enters a FanSharp Contest that awards prizes, FanSharp will disqualify the entry, will not award a prize to such person, and may report such person’s violation of this provision to the daily fantasy website for which the entrant operates, is employed by, or affiliated with. Furthermore, FanSharp may maintain information about the entrant in order to assist FanSharp in blocking the user from entering future FanSharp Contests, unless and until FanSharp determines, in its sole discretion, that the entrant is no longer an employee or operator of another daily fantasy website or no longer has access to pre-release non-public confidential data about game-related information by virtue of affiliation with such daily fantasy website.

Athletes, coaches and other team management, team support personnel (e.g. including, without limitation, team physicians), and team owners may not participate in any FanSharp Contest 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 league-related employment, can influence gameplay in the real world game in any way are also ineligible.

YOUR FANSHARP ACCOUNT

In order to participate in a Contest and/or the Services, you must sign up and register an account with the Website. You may establish, maintain, use, and control only one account on the Website. In the event FanSharp determines that you have opened, maintained, used, or controlled more than one account, in addition to any other rights FanSharp may have, FanSharp reserves the right to suspend or terminate any or all of your accounts, and terminate, withhold, or revoke the awarding of any prizes.

You are solely responsible for maintaining the confidentiality of your FanSharp account, and are fully responsible for all uses of your FanSharp account. You acknowledge and agree that FanSharp has permission and is authorized to act on instructions received through use of your FanSharp account, and that FanSharp may, but is not obligated to, deny access, block, or withhold any transaction made through use of your FanSharp account, without prior notice to you, if FanSharp reasonably believes your FanSharp account is being used by someone other than you, or for any purpose other than for participation in Services on the Website, or for any other reason in breach of these Terms of Service or the Agreement. At any time, FanSharp may require you to change your username and password used in conjunction with your FanSharp account. You agree to immediately notify FanSharp of any unauthorized use of your FanSharp account or any other breach of security.

FanHalf cannot and will not be liable for any loss or damage suffered by you arising from your failure to comply with this section.

CONTESTS OF SKILL / SCORING / PRIZES

All Contests offered on the Website are games of skill. Winners are determined by the objective criteria described in the Rules, scoring, and any other applicable documentation associated with the Contest. In order to determine a winner, the Website utilizes software that calculates the entrant’s Contest score based on real-time data feeds. Contest scoring is based upon a numerical value (“FanSharp Points”) that is assigned to each question seeking the entrant’s prediction that represents the difference between the entrant’s statistical answer to the question and the actual result. FanSharp Points for each question are tallied by the Website’s software platform and added together at the conclusion of the Contest to provide a final user score. For each Contest, the individual who uses the most skill and knowledge of relevant sports information to accumulate the least amount of FanSharp Points will be deemed the winner.

Upon the completion of a Contest, the tentative winners will be announced (generally by the following day) but remain subject to final verification. Once FanSharp initially announces the winners, the scoring results will not be changed; however, we reserve the right to make adjustments based on errors or irregularities in our calculation of results. We also may make adjustments in the event of noncompliance with these Terms. FanSharp has no obligation to delay the awarding of a prize in anticipation of any adjustment, and we reserve the right to reverse payments in the event of any adjustment. You agree to cooperate with our efforts to reverse payments.

All prizes and awards offered to winner(s) of a Contest will be established and made known prior to the beginning of each Contest and will not be based on the number of participants who enter or the amount of any money paid by such participants. In the event of a tie, the winnings will be split amongst the participants who tied. Prizes will only be awarded upon the completion of a Contest. Only the prizes listed prior to the beginning of the Contest will be awarded, and no substitutions, equivalents (cash or otherwise), or redemptions will be made. FanSharp expressly disclaims, and you accept, understand, and acknowledge that FanSharp disclaims, any and all responsibility or liability for any injury or loss to you or any person or property relating to the delivery, receipt, and/or subsequent use of any prizes awarded. All prizes are awarded “AS IS,” and FanSharp makes no representations or warranties regarding the appearance, safety, merchantability, fitness for a particular use, or performance of any prize awarded.

IN NO EVENT MAY THE WEBSITE OR ANY CONTEST OR SERVICE PROVIDED VIA THE WEBSITE BE USED FOR ANY FORM OF ILLICIT GAMBLING.

LIVE SCORING / STATISTICS

In the event that FanSharp offers ‘live’ statistics during and/or for Contest gameplay, all ‘live’ statistics and other information provided through the Website and other related information sources are unofficial. Live sports statistics and their respective components are offered for informational and/or entertainment purpose only and are not used by FanSharp to determine the results of Contests. While FanSharp uses reasonable efforts to include accurate and up-to-date information, FanSharp does not warrant or make any representations of any kind with respect to the information provided through the Website and related information sources. You agree that FanSharp and its third party providers shall not be held responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available via the Website and related information sources, and that FanSharp shall not be responsible or liable for any error or omissions found or contained in such information.

CONTEST ENTRY

By entering a Contest, you agree to be bound by its Rules, these Terms of Service, and the decisions of FanSharp, which shall be final and binding in all respects. All entries become the sole and exclusive property of FanSharp upon completion.

DISQUALIFICATION / CANCELLATION

FanSharp reserves the right, in its sole discretion, to cancel Contests without any restrictions, at any time.  Furthermore, FanSharp reserves the right, in its sole discretion, to disqualify you from a Contest, or any or all of the Services contained on the Website, refuse to track FanSharp Points or award or require the return of any award or prize, or suspend, limit, or terminate your FanSharp account, if FanSharp determines, in its sole discretion, you have engaged in improper, unfair, fraudulent, or any other form of conduct adversarial to FanSharp’s  operation of a Contest, Service, the Website, or in any detrimental to other users of the Services. Improper conduct includes, but is not limited to, the following:

PLEASE NOTE THAT ANY BREACH OF THE FOREGOING, OR ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF ANY CONTEST, MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND IN THE EVENT SUCH AN ATTEMPT IS MADE, IN ADDITION TO SUSPENSION AND/OR TERMINATION OF YOUR ACCOUNT, FANHALF RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY PERSON MAKING SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW

If for any reason a Contest is not capable of running as originally planned, or if a Contest, computer application, or website associated therewith (or any portion thereof) becomes corrupted or compromised, or does not allow the proper entry to a Contest in accordance with these Terms or applicable Rules, or if infection by a computer (or similar) virus, bug, illegal tampering, unauthorized intervention, prohibited actions by entrants, fraud, technical failures, or any other causes of any kind outside the control of FanSharp corrupts or affects the administration, security, fairness, integrity, or proper operation of a Contest, FanSharp reserves the right to disqualify any individual implicated in such action and/or to cancel, terminate, extend, modify, or suspend the Contest without further obligation, and select the winner(s) from all eligible entries received. If such cancellation, termination, modification, or suspension occurs, notification will be posted on the Website. Alternatively, FanSharp reserves the right to move entrants from Contests they have entered to substantially similar Contests, as FanSharp sees fit in its sole discretion.

FanSharp reserves the right, in its sole and absolute discretion, to deny any user or potential entrant the ability to participate in Contests based upon any violation, or threatened violation, of these Terms of Service, or Contest Rules, or the Agreement.

Furthermore, FanSharp may, in its sole and absolute discretion, invalidate the result of any Contest in order to prevent a violation of these Terms of Service, or Contest Rules, or the Agreement. The failure of FanSharp to comply with any provision contained within these Terms due to any causes outside of FanSharp’s control (excepting compliance with applicable codes and regulations) shall not be deemed a breach of these Terms.

USER CONTENT

You understand that all content made available on the Service by a user, including, without limitation, FanSharp account profile information and communications with other users, whether privately transmitted or made publicly available, (collectively, “User Content”), is the sole responsibility of the person from which such User Content originated. This means that you, and not FanSharp, are entirely responsible for all User Content that you upload, post, share, email, transmit, or otherwise make available via the Website or Services. Under no circumstances will FanSharp be liable in any way for any User Content.

You acknowledge that FanSharp may or may not pre-screen User Content. Notwithstanding, FanSharp has the right (but not the obligation), in its sole discretion, to pre-screen, refuse, permanently delete, undelete, modify and/or move any User Content made available via the Website or Services. Without limiting the foregoing, FanSharp shall have the right to remove any User Content that violates these Terms or is otherwise objectionable in FanSharp’s sole discretion. You understand that by using the Website or the Services, you may be exposed to User Content that you may consider to be offensive or objectionable. You agree that you must evaluate, and bear all risks associated with the use or disclosure of any User Content. You further acknowledge and agree that you bear the sole risk of reliance on any User Content or other content made available on or through the Website or Services.

With respect to User Content you submit or otherwise make available on or through the Website or Services, you grant FanSharp an irrevocable, fully sub-licensable, perpetual, world-wide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such User Content (in whole or in part), and to incorporate such User Content into other works, in any format or medium, now known or later developed.

You are solely responsible for your interactions with other users of the Website and Services. FanSharp reserves the right, but has no obligation, to monitor disputes between you and other users.

PUBLICITY RIGHTS

By entering a Contest, you consent to the use of your name, address (city and state), likeness, image, voice, photograph, picture, portrait, account information and content, biographical information, and/or any statements made regarding FanSharp the Website, and/or the Services, in connection with the advertising, promotion, development, production, distribution, and/or exploitation of any Contest or the Website (collectively, “Right of Publicity Rights”). Winners agree that, from the date of notification by FanSharp of their status as a potential winner and continuing until such time when FanSharp informs them that they no longer need to do so, they will make themselves available to FanSharp for publicity, advertising, and promotional activities

FanSharp  and its affiliates reserve the right to make public statements about the entrants and winner(s) of a Contest on-air, on the Internet, or otherwise, prior to, during, or following the Contest. Entrants agree that FanSharp or its affiliates may announce any winner's name on-air or on any of its websites, including, without limitation, the Website, or any other location, at any time, in connection with the marketing and promotion of FanSharp or other Contests or Services provided by FanSharp. You agree that participation in a Contest and (where applicable) the winning of a prize in connection with a Contest constitutes complete compensation for your obligations under this paragraph, and you agree not to seek to charge a fee or royalty, or impose other conditions on the fulfillment of these obligations. Specific Contest Rules may contain additional publicity obligations or may require a written signature on a separate publicity waiver.

TERMINATION / SUSPENSION OF FANSHARP ACCOUNT

In addition to any other legal or equitable remedy, in the event that it is determined, in FanSharp’s sole discretion, that you have violated any of these Terms, Contest Rules, the Agreement, or committed any act in direct contravention of a Contest, the Website, and/or its Services, FanSharp may, without prior notice or liability, immediately revoke any or all of your rights granted hereunder and suspend and/or terminate your FanSharp account. In such event, you shall immediately cease all access to and use of the Website and its Services until the reinstatement of your account.

If your FanSharp account is suspended, you agree to respect the restrictions and limitations imposed on your account as part of the suspension and to communicate with FanSharp regarding the restoration of your FanSharp account only via the contact form provided by FanSharp on the Website.

In the event of termination of your FanSharp account, all provisions of these Terms, which by their nature should survive termination, shall survive termination, including, without limitation, INTELLECTUAL PROPERTY RIGHTS, DISCLAIMER OF WARRANTIES, INDEMNIFICATION, LIMITATIONS OF LIABILITY, NO THIRD PARTY BENEFICIARIES, AND BINDING ARBITRATION AND CLASS ACTION WAIVER.

INTELLECTUAL PROPERTY RIGHTS

All the text, software, scripts, graphics, photos, sound, music, videos, interactive features and the like, in addition to all trademarks, service marks, and logos contained therein, (collectively, “Intellectual Property”), found on the Website is owned by or licensed to FanSharp. Furthermore, FanSharp or its licensors owns all title, ownership and intellectual property rights in and to the Services. You acknowledge and agree that the Website and Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by FanSharp or applicable law, you agree not to copy, modify, rent, lease, loan, sell, distribute, perform, display or create derivative works based on the FanSharp’s Intellectual Property, Website, or Services, in whole or in part.

FanSharp and all trademarks contained on the Website are trademarks or registered trademarks of FanSharp. Third party trademarks, trade names, product names, and logos may be the trademarks or registered trademarks of their respective owner(s). You may not remove or alter any trademarks, trade names, product names, logos, copyright or other proprietary notices, legends, symbols, or labels found on the Website.

FanSharp the Website, Services, and offered Contests are not affiliated with, nor endorsed by, the National Basketball Association, Major League Baseball, the National Football League, the National Hockey League, or any of their respective teams.

LINKS

The Website and/or Services may provide, or third parties may provide, links to other websites, applications, or resources. Because FanSharp has no control over such websites, applications, or resources, you acknowledge and agree that FanSharp is not responsible for the availability of such external websites, applications or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials found on or made available from such websites, applications, or resources. You further acknowledge and agree that FanSharp shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on or through any such website, application, or resource.

DISCLAIMER OF WARRANTIES / LIMITATION OF LIABILITY

THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE BY OR ACCESSED THROUGH OR SENT FROM THE WEBSITE, AND THE SERVICES ARE PROVIDED “AS IS.”

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND SERVICES. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE, INCLUDING, WITHOUT LIMITATION, USER CONTENT, DURING YOUR USE OF THE WEBSITE AND/OR SERVICES MAY NOT BE SECURE AND MAY BE INTERCEPTED OR LATER ACQUIRED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR OWN RISK. RECOGNIZING SUCH, YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER FANHALF NOR ITS AFFILIATES OR LICENSORS WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES OR ANY OTHER DAMAGES BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY (EVEN IF FANHALF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE WEBSITE OR SERVICES; THE USE OR THE INABILITY TO USE THE WEBSITE OR SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE OR SERVICES; ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; ANY INCORRECT, ILLEGIBLE, MISDIRECTED, STOLEN, INVALID OR INACCURATE ENTRY OF INFORMATION; HUMAN ERRORS; TECHNICAL MALFUNCTIONS; FAILURES, INCLUDING, WITHOUT LIMITATION, PUBLIC UTILITY OR TELEPHONE OUTAGES; OMISSIONS, INTERRUPTIONS, LATENCY, DELETIONS OR DEFECTS OF ANY DEVICE OR NETWORK, PROVIDERS, OR SOFTWARE (INCLUDING, BUT NOT LIMITED TO, THOSE THAT DO NOT PERMIT AN ENTRANT TO PARTICIPATE IN THE SERVICES); ANY INJURY OR DAMAGE TO COMPUTER EQUIPMENT; INABILITY TO FULLY ACCESS THE WEBSITE OR SERVICES OR ANY OTHER WEBSITE; THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ENTRIES, IMAGES OR OTHER CONTENT OF ANY KIND; DATA THAT IS PROCESSED LATE OR INCORRECTLY OR IS INCOMPLETE OR LOST; TYPOGRAPHICAL, PRINTING OR OTHER ERRORS, OR ANY COMBINATION THEREOF; OR ANY OTHER MATTER RELATING TO THE WEBSITE OR SERVICES.

FANSHARP DOES NOT REPRESENT, WARRANT, OR GUARANTEE THAT YOUR USE OF THE WEBSITE OR SERVICES IS LAWFUL IN ANY PARTICULAR STATE OR JURISDICTION AND, IN ANY EVENT, FANHALF SPECIFICALLY DISCLAIMS SUCH REPRESENTATIONS, WARRANTIES, AND/OR GUARANTEES. YOU ACKNOWLEDGE AND UNDERSTAND THAT BY USING THE WEBSITE OR SERVICES, YOU ACT AT YOUR OWN RISK, AND THAT YOUR USE OF THE WEBSITE AND/OR PARTICIPATION IN A CONTEST SERVES AS YOUR REPRESENTATION AND WARRANTY THAT SUCH ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITE OR ITS SERVICES. FURTHERMORE, FANHALF AND ITS PARENTS, SUBSIDIARIES, AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND TITLE.

IN NO EVENT SHALL FANHALF BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY STEMMING OR RESULTING FROM, DIRECTLY OR INDIRECTLY, YOUR USE OF THE WEBSITE, ITS SERVICES, OR ACCEPTANCE OF ANY PRIZE, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY AND/OR LOSS OF PROPERTY OR PROPERTY VALUE. IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES, OR INJURIES THAT ARISE OUT OF OR RELATE TO THE WEBSITE, SERVICES, OR FANHALF’S ACTS OR OMISSIONS, YOU ACKNOWLEDGE AND CONFIRM THAT THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPERABLE OR SUFFICIENT TO ENTITLE YOU TO A GRANT OF INJUNCTIVE RELIEF THAT PREVENTS THE OPERATION OR EXPLOITATION OF THE WEBSITE, OR ANY OTHER WEBSITE OR PROPERTY OWNED OR CONTROLLED BY FANHALF OR ITS PARENTS, SUBSIDIARIES, OR AFFILIATES. YOU FURTHER AGREE AND ACKNOWLEDGE THAT YOU SHALL HAVE NO RIGHT TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION, OR EXPLOITATION OF ANY WEBSITE OR OTHER PROPERTY OWNED OR CONTROLLED BY FANHALF, OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, THE MAINTENANCE OF INFORMATION (I.E. USER CONTENT) UPLOADED BY YOU.

BY ACCESSING THE WEBSITE AND/OR USING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN TO OR UNSUSPECTED TO EXIST BY YOU. ACCORDINGLY, THROUGH YOUR USE OF THE WEBSITE AND/OR THE SERVICES, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, AND OTHER LIKEWISE STATUTORY PROVISIONS THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FANHALF’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO FANHALF FOR GENERAL USE OF THE WEBSITE OR SERVICES DURING THE TERM OF YOUR REGISTRATION FOR THE WEBSITE, NOT INCLUDING ANY ENTRY FEES FOR CONTESTS COMPLETED PRIOR TO THE CIRCUMSTANCES GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

INDEMNIFICATION

By using the Website and the Services, entering a Contest, or accepting any prize, you agree to indemnify, release, and hold harmless FanSharp, its parents, subsidiaries, affiliates, and agents, as well as the officers, directors, employees, shareholders, and representatives of any of the foregoing entities (collectively, the “Released Parties”), from any and all liability, claims, or actions of any kind, including, without limitation, liability, claims, or actions related to injuries, damages, or losses to persons or property that may be sustained in connection with: (1) participating in a Contest; (2) the delivery, receipt, ownership, use, or misuse of any prize; (3) preparing for, participating in, and/or traveling to or from any prize related activity; or (4) any claims based on Right Of Publicity Rights, defamation, or invasion of privacy. Upon a determination of necessity, FanSharp may, in its sole and absolute discretion, require you to execute a separate written release of claims similar to those listed above in this Paragraph as a condition of being awarded any prize or receiving any payout.

Furthermore, you agree to defend, indemnify, protect, and hold harmless the Released Parties from and against any and all third party claims, liabilities, losses, damages, injuries, demands, actions, causes of action, suits, proceedings, judgments, and expenses, including, without limitation, reasonable attorney’s fees, court costs, and other legal expenses, including, without limitation, those costs incurred at the trial and appellate levels and in any bankruptcy, reorganization, insolvency, or other similar proceedings, and any other legal expenses (collectively, “Claim(s)) arising from or connected with: (1) your use of the Website; (2) any payment methods used; (3) any funding of your FanSharp account; (4) your participation in any Contest; (5) your violation of these Terms or the Agreement; (5) your receipt, ownership, use or misuse of any prize; or (6) any of your acts or omissions that may implicate Right Of Publicity Rights, defamation, infringement of any Intellectual Property rights, or invasion of privacy. FanSharp reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by and from you and, in such case, you agree to fully cooperate with FanSharp in the defense of such matter.

DMCA NOTICES

FanSharp may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, please provide FanSharp’s Copyright Agent a written notice containing the following information:

FanSharps Copyright Agent can be reached in the following ways:

Mail: Third Screen Sports, Inc. ATTN: Copyright Agent 3900 Biscayne Blvd #710,Miami, FL 33137

To be valid, a notice must be in writing and must follow the instructions above. You also may use the contact information in this Section to notify us of alleged violations of other intellectual property rights.

PRIVACY POLICY

By using the Website and entering Contests, you agree to FanSharp’s use of your personal information as described in FanSharp’s Privacy Policy.

NO THIRD PARTY BENEFICIARIES

There shall be no third party beneficiaries to these Terms and nothing in these Terms shall create or confer any rights or other benefits in favor of any third party, except as expressly provided herein.

GOVERNING LAW

These Terms, the Agreement, the relationship between you and FanSharp, and any issues or questions regarding the duties, rights, and obligations of a participant in connection with the Website, the Services, or a Contest shall be governed by, interpreted, and construed in accordance with the laws of the State of Florida, without regard to conflict of law principles.

WAIVER

No waiver of any provision contained in these Terms shall be deemed to be a further or continuing waiver of such provision or any other provision contained herein, and FanSharp’s failure or delay to assert any term or provision under these Terms shall not constitute a waiver of such right or provision.

SEVERABILITY OF TERMS

If any provision contained in these Terms is deemed invalid or unenforceable, such provision shall be enforced to the fullest extent permitted by law. In the event such provision is proven invalid and unenforceable, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions contained in these Terms, which shall remain in full force and effect.

FORCE MAJEURE

The failure or inability of FanSharp to comply with any provision contained in these Terms due to an act of God or public enemy, hurricane, war, riot, fire, earthquake, terrorism or terrorist act or threat, labor dispute or strike, infection by computer virus, unauthorized intervention, technical failures, actions of governmental authorities, or any other act or occurrence not reasonably within the control of FanSharp (each, a “Force Majeure Event”) shall not be considered a breach of these Terms.

RELATIONSHIP OF THE PARTIES

Nothing in these Terms shall be construed or interpreted as creating a partnership, agency, trust arrangement, fiduciary relationship, or joint venture between you and FanSharp.

ASSIGNMENT You may not assign these Terms without FanSharp’s prior written approval. FanSharp may assigned these Terms without your consent to: (1) a parent, subsidiary, or affiliate; (2) an acquirer of FanSharp’s equity, business, or assets; or (3) a successor by merger, consolidation, reorganization, or other similar transaction

NOTICES AND COMMUNICATIONS As a result of your registration for the Service, you may receive certain commercial communications from FanSharp. You understand and agree that these communications are part of your registration, and that, to the extent required by law, you may opt out of receiving these communications at any time by either using the unsubscribe functionality or sending an email to support@fansharp.com.  Following such an opt-out, we may still communicate with you via email to the extent permitted by applicable law

FanSharp may send notices to you by posting a general notice on the Website, by electronic mail to your email address connected to your FanSharp account, or by written communication sent by first class mail or pre-paid post to your mailing address connected to your FanSharp account. Such notice shall be deemed given and received upon the expiration of 72 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may send notice to FanSharp, with such notice deemed given when received by FanSharp, at any time by first class mail or pre-paid post to FanSharp at3900 Biscayne Blvd #710, Miami, FL 33137.

STATUTE OF LIMITATIONS

You agree that regardless of any statute or law to the contrary, any Claim or cause of action arising out of or related to you use of the Website, the Service or these Terms must be filed within one (1) year after such Claim or cause of action arose or be forever barred.

ENTIRE AGREEMENT

These Terms, including the Binding Arbitration and Class Action Waiver set forth below, the Agreement, and any additional terms, rules, or conditions of participation for particular Contests constitute the entire agreement between you and FanSharp with respect to your use of the Website and the Services and supersede any and all prior agreements between you and FanSharp, whether oral or written.

BINDING ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY AS IT MAY SIGNIFICANTLY IMPACT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

BY USING AND/OR ACCESSING THE WEBSITE AND/OR THE SERVICES, OR BY PARTICIPATING IN CONTESTS, YOU AGREE TO THE EXTENT PERMISSIBLE BY LAW THAT ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH YOUR USE OF THE WEBSITE, THE SERVICES, OR PARTICIPATION IN CONTESTS, OR ANY PRIZE AWARDED PURSUANT THERETO, WILL BE RESOLVED INDIVIDUALLY AND THROGUH BINDING ARBITRATION AS SET FORTH IN THIS SECTION, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.

INITIAL DISPUTE RESOLUTION

Our Customer Support Department will make reasonable efforts to resolve most concerns quickly and to your satisfaction, and is available to you via your submission of an inquiry to support@fanhalf.com (“Initial Dispute Resolution”). You agree to use best efforts through this Initial Dispute Resolution process to settle any dispute, claim, question or disagreement stemming from your use of the Website, the Services, Contests, or these Terms and/or any other provision contained in the Agreement. Utilization of this Initial Dispute Resolution process shall be a condition precedent to you initiating a lawsuit or arbitration proceeding against FanSharp.

BINDING ARBITRATION

If we do not reach an agreed upon solution within a period of 30 days from the time the Initial Dispute Resolution process is initiated, then either you or FanSharp may initiate binding arbitration as the sole means to resolve any and all claims, subject to the terms set forth below. Specifically, all Claims arising out of or relating to these Terms, your relationship with FanSharp and/or your use of the Website or the Services shall be settled and determined by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with the provisions of its Commercial Arbitration Rules (“Rules”) and the supplementary procedures for consumer related disputes in front of the AAA (“Supplementary Procedures”), excluding any rules or procedures that govern or permit class actions.

Any and all Claims arising out of or relating to these Terms, the Agreement, any breach thereof, or any use of the Website (including all commercial transactions conducted through the Website) or Services shall be settled by binding arbitration before a single arbitrator appointed by the AAA in accordance with its then governing Rules, including its Supplemental Procedures, as applicable.

The arbitrator shall have full and exclusive authority to resolve all disputes or claims arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, without limitation, any claim that all or any part of these Terms are void or voidable, or whether such claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in court, in law or in equity, as the arbitrator sees fit, in the arbitrator’s sole discretion. The arbitrator’s award shall be in writing and binding upon you and FanSharp. No federal, state, or local court or agency shall have the authority to rule or preside over any Claim or dispute raised by either you or FanSharp, except for the purpose of ruling on whether the arbitrator exercised abuse in discretion in granting such relief, or for the purpose of entering a judgment of relief granted by the arbitrator who presided over the Claim or dispute.

The Commercial Arbitration Rules governing arbitration may be accessed at https://www.adr.org or by calling AAA at +1 800.778.7879. To the extent the filing fee for arbitration exceeds the cost of filing a lawsuit in your respective jurisdiction, FanSharp will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, FanSharp will pay all of the actual filing and arbitrator fees for the arbitration; provided, however, that your Claim does not exceed $75,000.00 The arbitration rules also permit you to recover attorney’s fees in certain cases. You understand, acknowledge, and agree that this provision is mandatory and that but for its inclusion, you would have the right to sue in court and have a jury trial, and that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court .

LOCATION

If you are a resident of the United States, arbitration will take place at any reasonable location within the United States convenient for you. For residents in Canada, arbitration shall be initiated in the United States in Miami, Florida, and you and FanSharp agree to submit to the personal jurisdiction and venue of any federal or state court located in Miami, Florida, for the sole purpose of obtaining an order to: (1) compel arbitration; (2) stay and/or dismiss proceedings due to pending arbitration; or (3) confirm, modify, vacate, or enter judgment on the award and/or relief granted by the arbitrator.

CLASS ACTION WAIVER

You and FanSharp agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and you and FanSharp expressly waive the right to file a class action or seek relief on a class-by-class basis. YOU AND FANHALF AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A NAMED PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If it is determined that the class action waiver set forth in this Paragraph is void or unenforceable for any reason, or that arbitration may proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and you and FanSharp shall be deemed to have not agreed to arbitrate disputes.

EXCEPTION – LITIGATION OF INTELLECTUAL PROPERTY AND SMALL CLAIMS COURT CLAIMS

Notwithstanding you and FanSharp’s agreement to resolve all Claims and disputes through binding mandatory arbitration, either you or FanSharp may bring an action in state or federal court to protect Intellectual Property rights (i.e. rights in and to patents, copyrights, trademarks, moral rights and trade secrets, but not including Right of Publicity Rights or privacy). Either you or FanSharp may also seek relief in small claims court for disputes or Claims within the scope of that court’s jurisdiction.

45-DAY RIGHT TO OPT OUT

You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth herein by sending written notice of your decision to opt-out to the following address:3900 Biscayne Blvd #710 Miami, FL 33137. Your notice must be sent within 45 days of your first use of the Website otherwise you shall be bound to arbitrate disputes in accordance with the terms contained herein. If you elect to opt-out of these arbitration provisions, such provisions also will not bind or apply to FanSharp.

CHANGES TO THIS SECTION

FanSharp will provide 60-days’ notice of any changes to any provisions contained in this Section. Changes will become effective on the 60th day and will apply prospectively only to any Claims or disputes arising after the 60th day.

For any Claim not subject to arbitration, you and FanSharp agree to submit to the personal and exclusive jurisdiction and venue of the federal and state courts located in Miami, Florida (the “Forum”). You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available to you, including, without limitation, that any such court does not have personal jurisdiction or that the Forum is not appropriate or convenient.

n the event either you or FanSharp  initiates a proceeding involving any Claim other than in arbitration in accordance with this section, or initiates a proceeding involving a Claim under this section other than in the Forum, the other party shall recover all attorney’s fees and expenses reasonably incurred in enforcing this agreement to arbitrate and to bring claims exclusively in the Forum.

Official Contest Rules

I. GENERAL INFORMATION

NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT IMPROVE YOUR CHANCES OF WINNING. CONTEST VOID WHERE PROHIBITED BY LAW, RULE OR REGULATION AND OFFERED ONLY IN THE UNITED STATES (INCLUDING THE DISTRICT OF COLUMBIA), EXCLUDING ITS TERRITORIES AND PROTECTORATES (the “Territory”). THE CONTEST IS OPEN ONLY TO LEGAL RESIDENTS OF ANY STATE IN THE TERRITORY WHO ARE AT LEAST 18 YEARS OLD AT THE TIME OF SUBMISSION OF THEIR CONTEST ENTRY (DEFINED BELOW). LIMIT ONE (1) CONTEST ENTRY PER ELIGIBLE PERSON (AS DEFINED IN THE CONTEST RULES). 

By participating in the Contest, you agree to abide by these official rules (these “Rules”), which are a contract, so read them carefully before participating. These Rules includes indemnities to the Released Parties (defined below) from you and a limitation of your rights and remedies, as well as your agreement that all disputes relating to the Contest will be resolved solely by binding arbitration.

By participating in the Contest, Participants (defined below) fully and unconditionally agree to these Rules and the decisions of Third Screen Sports, Inc.  with respect thereto, which are final and binding in all matters related to the Contest. Failure to comply with these Rules, as determined in the sole discretion of Third Screen Sports, Inc, may result in disqualification from the Contest and forfeiture of any prize won.

II. CONTEST DESCRIPTION & SPONSOR

Third Screen Sports, Inc.  is running free-to-play contests on fansharp.com (the “Site”), referred to as the "Game, in which Participants (defined below) earn points by using their skill and knowledge in accordance with the Contest instructions set forth on the Site. The Contest is subject to these Rules and all applicable federal, state, and local laws, rules and regulations. Use of the Site is governed by FanSharp website Terms of Use and Privacy Policy available at: https://fansharp.com/terms-of-use/ and https://fansharp.com/privacy-policy/, respectively. The Contest is sponsored by Third Screen Sports, Inc. , which is located at 3900 Biscayne Blvd. Suite 710, Miami, FL 33137

III. WHO CAN PLAY

The Contest is open only to natural persons who (i) have a free registered account with FanSharp, (ii) are at least 21 years of age at the time of submission of their Contest Entry (defined below); and (iii) legally reside in the United States. The Contest is void in each jurisdiction where prohibited. Employees, officers, managers and directors of Third Screen Sports, its Media Partners, and each of their respective Affiliates (defined below), as well as any of their respective sponsors, advertising and promotion agencies, and family members (regardless of where they reside) or those living in the same household (whether or not related) are not eligible to redeem any Prize (defined below). “Affiliate” means, with respect to a party, any individual or entity controlled by, controlling or under common control with, such party. The term “control” shall mean, with respect to any entity, the ability to vote fifty percent (50%) or more of the voting securities or other comparable equity interests in such entity or to otherwise influence and direct the policies and management of such entity.

Each person that is eligible to participate in the Contest in accordance with this Section III of the Rules shall be referred to as an “Eligible Person.”

IV. HOW TO ENTER

The Contest is open up until the start of the Contest each day (the “Registration Period”). Eligible Persons can enter the Contest by completing and submitting the Contest entry form on the Site, (each, a “Contest Entry”). Upon completing and submitting the Contest Entry, each such Eligible Person shall become (and shall be referred to in these Rules as) a “Participant.” All Participants will be required to read and affirmatively consent to these Rules in order to submit their Contest Entries. Limit one (1) Contest Entry per FanSharp Game account. Contest Entries of the same Participant that are received from multiple FanSharp Game accounts shall be disqualified. Contest Entries that have been tampered with or altered, mass Contest Entries or Contest Entries generated by scripts, macro or other automated means or with the intent to affect the integrity of the Contest are void and will be disqualified. Only complete Contest Entries received during the Registration Period will be valid to permit Contest play. Participants are responsible for ensuring that the information provided on their Contest Entries is accurate and up-to-date. Contest Entries may only be submitted online, and Eligible Persons wishing to participate in the Contest are solely responsible for Internet connectivity, software or hardware that may be required in order to complete and submit a Contest Entry. No other method of participation in the Contest will be accepted.

Contest play for Participants will begin at the start of the Game and will finish at the end of the “Play Period”. The Registration Period and the Play Period are referred to collectively as the “Contest Period.” FanSharp  will use the designated server clock of its software provider, Fantasy Data, as the official timekeeper for the Contest. Please note that all times are based on the Eastern Time Zone (“ET”), so plan accordingly.

V. HOW TO PLAY

Specific instructions on how to play the Contest are set forth on the Site. All Participant selections will be subject to the odds, lines, results and other parameters set forth on the Site, as determined by FanSharp’s third party provider, Fantasy Data. Published Contest lock times may be changed to accommodate a late or early start of the Game, in FanSharp’s sole discretion. Third Screen Sports, Inc. shall have the right to disqualify any Participant that breaches any of these Rules, as determined by Third Screen Sports, Inc. in its sole discretion.

THE CONTEST IS BEING PROVIDED FOR YOUR ENTERTAINMENT ONLY. ANY POINTS PROVIDED TO A PARTICIPANT WILL BE PROVIDED FOR FREE AND WILL NOT REQUIRE PAYMENT OR PURCHASE OF ANY KIND. SUCH POINTS CAN ONLY BE USED FOR THE PURPOSES OF PARTICIPATING IN THE CONTEST AND HAVE NO REAL- WORLD VALUE WHATSOEVER. PARTICIPANTS ARE STRICTLY PROHIBITED FROM TRADING, SELLING, BUYING OR OTHERWISE TRANSFERRING ANY POINTS IN ANY MANNER WHATSOEVER. POINTS ARE ONLY AVAILABLE FOR USE IN THE CONTEST AND DO NOT ROLL OVER TO OR FROM ANY OTHER CONTEST OPERATED BY OUR MEDIA PARTNERS.

By participating in the Contest, you acknowledge and agree that play in the Contest may be interrupted or may not be available to you or other Participants as technical, communication, or other issues may interfere with, limit, or stop Third Screen Sports, Inc. free-to-play games, including any of the conditions described in the Force Majeure provision below.

VI. CONTEST WINNER DETERMINATION

The winner of the Contest will be the Participant with the best Contest Score by the end of the Play Period. (in FanSharp contests the lowest score wins).  After confirming the winner’s eligibility under and compliance with these Rules, Third Screen Sports, Inc. will announce such winner as the “Winner.” The Winner may be required to submit his or her valid social security number or other identification to Third Screen Sports to confirm eligibility. If the winning Participant does not meet the eligibility criteria set forth in these Rules, he or she will be disqualified from the Contest, and Third Screen Sports, Inc. will have the right to pick another Contest winner without notice to such disqualified Participant. Decisions of Third Screen Sports, Inc. regarding the Contest, Winner selection, and the distribution of the Prize are final. No drawings, sweepstakes, raffles or other elements of chance shall be used to determine the Prize winner.

In the event of a tie among multiple Participants, the tied Participants will be required to answer one or more tiebreaker questions related to the Game until a single Participant remains and is declared the Winner, subject to Contest eligibility verification as set forth in these Rules. Should the Play Period end in a tie, Third Screen Sports, Inc. will promptly contact all such tied Participants using the email address provided by each of them in his or her Contest Entry in order to explain, schedule and carry out the tiebreaking procedure (the “Tiebreaker Notification”). If any such tied Participant that fails to respond to the Tiebreaker Notification within 48 hours following the Tiebreaker Notification, such tied Participant forfeits his or her participation in the tiebreaker procedure and redemption of the Prize.

Winner determinations will be completed within the 30-day period following the end of the Play Period (the “Notification Period”). Please allow up to 60 days following Third Screen Sports, Inc. announcement of the Winner for Prize distribution.

VII. NOTIFICATION

During the Notification Period, Third Screen Sports, Inc. will contact the winning Participant via the email address provided in his or her Contest Entry to (i) confirm such Participant’s Contest eligibility and (ii) if eligibility is confirmed, to give such winning Participant instructions on how to claim his or her Prize (the “Winner Notification”). If, for any reason, such winning Participant is not an Eligible Person or Third Screen Sports, Inc. is unable to timely confirm his or her eligibility in accordance with these Rules (including for inability to reach such Participant during the Notification Period), then such winning Participant may be disqualified from the Contest and his or her Prize forfeited in Third Screen Sports, Inc.’s sole discretion, and Third Screen Sports, Inc. reserves the right to select or not select an alternate Contest winner. Upon Prize forfeiture for any reason under these Rules, no compensation will be given to the forfeiting party.

It is each Participant’s responsibility to keep the email address associated with his or her Contest Entry up-to-date at all times. In the event of a dispute about the identity of a Participant, such Participant’s Contest Entry will be declared made by the authorized account holder of the email address provided in such Contest Entry. The authorized account holder is defined as the natural person who is assigned to an email address by an Internet Service Provider, online access provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. A Participant may be required to provide proof that he or she is the authorized account holder of the email address provided with his or her Contest Entry and is otherwise eligible to enter the Contest, including age and residency verification.

VIII. PRIZES

The Winner will receive the award defined on the game Contest Entry page (the “Prize”). Odds of winning the Prize depend on the number of Contest Entries received from Eligible Persons and upon your level of skill and success in participating in the Contest.

The Prize will be fulfilled by Third Screen Sports, Inc.  The Winner shall be fully responsible for any and all federal, state, territory, provincial and local taxes (including income and withholding taxes) incurred in connection with Prize redemption. All costs and expenses associated with Prize acceptance and use not specified herein as being provided, including lodging, transportation costs, meals, gratuities and other expenses incurred in connection with Prize acceptance or use are the sole responsibility of the Winner. The Prize is non-transferable and non-assignable, with no substitutions for cash or any other item. Third Screen Sports, Inc. reserves the right to substitute the Prize with a prize of comparable or greater value at its sole and absolute discretion.

IX. TAXES

All federal, state, and local taxes and other tax liabilities (including income taxes), if any, and other incidental costs or expenses (such as those associated with the use of the Prize) not identified in these Rules are the sole responsibility of the Winner, and the value of such Prize may be deemed ordinary income to the Winner. Each Winner should consult his or her personal tax advisor regarding redemption of the Prize. The Winner may be required to provide Third Screen Sports, Inc.  with valid identification and a valid taxpayer identification number or social security number before the Prize will be awarded. Eligible Persons winning over $600 in prizes will receive an IRS form 1099 at the end of the calendar year, and a copy of such form will be filed with the Internal Revenue Service.

X. THIRD PARTY MARKETPLACES

The Contest is being offered by Third Screen Sports, Inc. only, and not by Apple, Inc. (“Apple”), Facebook, Inc. (“Facebook”), Twitter, Inc. (“Twitter”), Instagram, Inc. (“Instagram”), Google, Inc. or any other third party through which you may have accessed the FanSharp contest platform (collectively, “Marketplaces”). The Marketplaces are not responsible for the Contest and have no obligation to you whatsoever with respect to the Contest. Without limiting the foregoing, the Marketplaces are not responsible for addressing any claims by you or any third party relating to the Contest, including anything related to these Rules or the Prize. The Marketplaces do not, in any way, sponsor, endorse or administer the Contest.

XI. RELEASE

Participants may not take actions that are negligent, injurious or reckless in connection with the Contest or the redemption of the Prize. Participants who do not follow this rule will be barred from participation in the Contest and the redemption of the Prize. Participants are solely responsible for any injuries or other damages that are caused from their behavior.

By participating in the Contest, each Participant agrees (i) to comply with these Rules and the decisions of Third Screen Sports, Inc., which are binding and final, and (ii) to the extent permitted by law, to waive and fully, completely and forever release and discharge Third Screen Sports, Inc. and its Media Partners, Facebook, Twitter, Instagram and any other Marketplace, and each of their respective sponsors, Affiliates, officers, directors/managers, employees, agents, representatives, advertising and promotion agencies (collectively, “Released Parties”), for any injury, damage or loss that may occur (including attorney’s fees), directly or indirectly, in whole or in part, from participation in the Contest or from the receipt or use or misuse of any Prize or any travel or activity related to the receipt or use of any Prize, including (a) any Force Majeure event that causes the Contest to be disrupted or corrupted; (b) any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) of any kind arising in connection with or as a result of the Prize, or acceptance, possession, or use of the Prize, or from participation in the Contest; (c) any printing or typographical errors in any materials associated with the Contest; and (d) any change in the Contest or the Prize. By participating in the Contest, each Participant gives his or her express permission to be contacted by Third Screen Sports, Inc. by email for Contest administration purposes. The Winner grants to Third Screen Sports, Inc. the right to publicize, publish, use, reproduce, broadcast or otherwise transmit, distribute, create derivative works of, publicly perform or display the Winner’s name, city and state of residence, photograph, voice, statements or other likeness and his or her Prize information for advertising, promotional, trade or any other purpose in any media or format now known or hereafter devised, throughout the world, in perpetuity, without limitation and without further compensation, consideration, permission or notification, unless prohibited by law.

XII. DISCLAIMERS & LIMITATION OF LIABILITY

All third-party trademarks mentioned or portrayed in the Contest or in any advertising associated with the Contest are the property of their respective trademark owners.

Released Parties are not responsible for stolen, late, incomplete, illegible, inaccurate, misdirected, lost, misrouted, scrambled, damaged, delayed, undelivered or mutilated Contest Entries, transmissions, email or mail; or for lost, interrupted or unavailable network, cable, satellite, server, Internet Service Provider (ISP), wireless network, website, or other connections including those through or by any website, availability or accessibility or miscommunications or failed computer, satellite, telephone, cable or wireless transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; wireless service congestion; failures or malfunctions of phones, phone lines or telephone systems, wireless towers or cellular tower equipment; any error, omission, interruption, defect or delay in wireless or other transmission, processing, or communication; non-delivery; misdirected, blocked, or delayed email notifications, including as a result of any form of active or passive filtering of any kind, or insufficient space in a Participant’s email account to receive email messages or electronic communications that go to an individual’s “spam” or “junk” folder; printing, typographical or other errors appearing within these Rules, in any Contest-related advertisements or other materials; or any other errors, problems or difficulties of any kind whether human, mechanical, electronic, network, computer, telephone, wireless service, mail, typographical, printing or otherwise relating to or in connection with the Contest, including errors or difficulties which may occur in connection with the administration thereof, the processing of Contest Entries, the announcement of the Prize or in any Contest-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, tampering, hacking, or by any equipment or programming associated with or used in the Contest. Released Parties are not responsible for injury or damage to Participants’ or to any other person’s computer or wireless device related to or resulting from participating in the Contest or downloading materials from any email, application or website associated with the Contest. Persons who tamper with or abuse any aspect of the Contest or attempt to undermine the legitimate operation thereof by cheating, deception or other unfair playing practices, or intend to annoy, abuse, threaten or harass any Participant or any representative of Third Screen Sports, Inc. or its Media Partners, or who are in violation of these Rules, as solely determined by Third Screen Sports, Inc., will be disqualified and all associated Prize claims will be void. Any attempt to deliberately damage the content or operation of the Contest is unlawful and subject to legal action by Third Screen Sports, Inc. or its agents. Third Screen Sports, Inc. shall have the sole right to disqualify any Participant for violation of these Rules or any applicable laws relating to the Contest, and to resolve all disputes in its sole discretion. Released Parties (i) make no warranty, guaranty or representation of any kind concerning any Prize (or any portion thereof), and (ii) disclaim any implied warranty. Third Screen Sports, Inc. failure to enforce any term of these Rules shall not constitute a waiver of such term.

CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE SITE OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, QUINCY MEDIA WILL DISQUALIFY ANY PARTICIPANT RESPONSIBLE FOR THE ATTEMPT, AND QUINCY MEDIA AND ITS AGENTS RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY PERSON RESPONSIBLE FOR SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.

BY PARTICIPATING IN THE CONTEST, EACH PARTICIPANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED FIFTY DOLLARS ($50.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (B) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND EACH PARTICIPANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED FIFTY DOLLARS ($50.00), OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (C) PARTICIPANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.

XIV. GENERAL CONDITIONS

By participating in the Contest, each Participant acknowledges that he/she has read these Rules and agrees to be bound by them and by the decisions of Third Screen Sports, Inc. , which are final and binding on all matters pertaining to the Contest and Prize redemption. Non-compliance with these Rules may result in disqualification and Prize forfeiture. Third Screen Sports, Inc.  reserves the right, in its sole discretion and without liability to any Participant, to (i) cancel or suspend the Contest in whole or in part should unauthorized human intervention or other causes compromise the administration, security, fairness, integrity or proper operation of the Contest in whole or in part, and (ii) modify these Rules for clarification purposes without materially affecting these Rules. In the event that the Contest or any part of these Rules is challenged by any legal or regulatory authority, Third Screen Sports, Inc. reserves the right to discontinue or modify the Contest (or any portion thereof), or to disqualify Participants residing in the affected geographic areas. In such event, the Released Parties shall have no liability to any Participant who is disqualified due to such an action. Third Screen Sports, Inc. disclaims any responsibility to notify Participants of any aspect related to the conduct of the Contest.

XV. PRIVACY AND PERSONAL INFORMATION

Third Screen Sports, Inc. may collect personal data about Participants and use such data in accordance with Third Screen Sports, Inc. Privacy Policy and as set forth in these Rules. By entering into the Contest, each Participant acknowledges that he/she (i) has read and accepts Third Screen Sports, Inc.  Privacy Policy and (ii) agrees to the collection and use of his/her personal information by Third Screen Sports, Inc. in accordance with the Privacy Policy and as set forth in these Rules.

XVI. FORCE MAJEURE

Without limiting any other provision in these Rules, in the event that any Participant’s activities or Released Party’s operations or activities are affected by circumstances out of their control, as determined by Third Screen Sports, Inc. in its sole discretion, including by reason of any acts of God, any action, regulation, action, order or request by any governmental or quasi- governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, pandemic or public health crisis (e.g., COVID-19 outbreak), explosion, hurricane, tornado or similar severe weather, embargo, work stoppage or strike (whether legal or illegal), civil disturbance, insurrection, riot, or any other similar cause, whether or not specifically mentioned above, Third Screen Sports, Inc. shall have the right to modify, suspend, or terminate the Contest, and no Released Party shall be responsible or liable to any Participant or Winner, or any person claiming through a Participant or Winner, for failure to supply the Contest, the Prize or any part thereof.

XVII. MISCELLANEOUS

The invalidity or unenforceability of any provision of these Rules will not affect the validity or enforceability of any other provision. In the event that any provision of these Rules is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. All Participants agree to waive any rights to claim ambiguity of these Rules. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials, privacy policy or terms of use on an applicable website, these Rules shall prevail, govern and control and the discrepancy will be resolved in Third Screen Sports, Inc. sole and absolute discretion.

The headings to these Rules are for convenience only and are to be of no force or effect in construing or interpreting any of the provisions of these Rules. Unless the context of these Rules clearly requires otherwise, (i) references to the plural include the singular, the singular the plural, and the part the whole, (ii) references to any gender include all genders, (iii) “or” has the inclusive meaning frequently identified with the phrase “and/or,” (iv) “include”, “includes” and “including” are not limiting and has the inclusive meaning frequently identified with the phrase “including, but not limited to,” or “including, without limitation,” and (v) “hereunder,” “herein,” “hereto” and “hereof” relate to these Rules.

XVIII. WINNERS LIST

For an Official Winners List (available after the selection of the Winner), or for a copy of these Rules, send a self-addressed, stamped envelope to: ‘Third Screen Sports, Inc.  (please specify Official Winner’s List or Rules), 3900 Biscayne Blvd. Suite 710 Miami, FL 33137. 

XIV. GAMBLING PROBLEMS

The Contest is being provided for your entertainment purposes only. Nothing of value is wagered or bet in the Contest and, as mentioned above, any points used for participating in the Contest have no real world value, cannot be sold, traded or transferred, and do not carry over from contest to contest.

Nonetheless, if you have concerns about your gambling - or if you’re concerned about a friend or family member – National Council on Problem Gambling (NCPG) offers support and counseling referrals that may help you through personal, gaming-related issues. The NCPG operates a 24-hour confidential toll-free helpline that you can reach by phone or text at 1-800-522-4700 or chat at ncpgambling.org/chat. For additional information or resources relating to problems with gambling, please visit the websites for National Council on Problem Gambling and/or National Center for Responsible Gaming.

© Third Screen Sports, Inc.  All Rights Reserved. These Rules may not be reprinted or republished in whole or part without the prior written consent of Third Screen Sports, Inc.

 

 

NO PURCHASE NECESSARY TO ENTER OR WIN. Enter before the start of the contest. Open to legal residents of the United States (including the District of Columbia), excluding its territories and protectorates, who are at least 21 years old at time of entry. Winner will be notified by email and have 30 days to respond. Odds of winning depend on number of Participants and their level of skill and success in play. Enter online. Limit one (1) Contest Entry per Eligible Person (as defined in the Official Rules). Void where prohibited.