Thank you for visiting the FanThrowdown.com™ website, which is located at 500 Mamaroneck Ave, Harrison, NY 10528. www.FanThrowdown.com (the “website,” “site” or “FanThrowdown.com™”). FanThrowdown.com inc. is the owner and operator of the Website (“We,” “Us,” “Our” or “Provider”). The following terms and conditions constitute a legally binding agreement and will govern the use of the website as they dictate what you can expect from Us and what is expected from you as the user of the website (“you,” or “user”). In other words, the use of the website is subject to the Terms and Conditions set forth below.
Acceptance of the Terms and Conditions
Before using this website, please ensure that you have read all Terms and Conditions carefully so that you understand what is expected of you through your use of the website. If for any reason you do not agree to any of the terms and conditions set forth below, then you should not access the website, nor should you use any of the content or services provided by the FanThrowdown.com™ website. All visitors to the website who browse the website or access it and use, or download, without any limitation, any information, communication, graphic, text, file, software audio file, and/or video file from the website (or any other website or other form of product or service directly affiliated, controlled and/or owned by FanThrowdown.com™), agrees to be bound by the Terms and Conditions set forth below.
Amendment of Terms and Conditions
At its sole discretion, FanThrowdown.com™ reserves the right to amend or replace any of the terms and conditions at any time. It will be the responsibility of you as the user to review and become familiar with all such amendments or replacements. Accordingly, you should regularly check this page for any changes to the terms and conditions. Upon the posting of any amended or replaced terms and conditions on the website, such amended and/or replaced term or condition shall be effective immediately.
Eligibility Conditions for Use of Website
In order to use the website, you must be at least eighteen (18) years of age. In order to open a user account or to access any of the services provided by the website, you must be at least eighteen (18) years of age. If you are a legal resident of any jurisdiction, territory or location where the minimum age for the permissible use of the website is greater than eighteen (18) years of age, then you must meet the age requirement in such jurisdiction, territory or location in order to participate in a contest offered by the FanThrowdown.com™ website. For example only, you must be at least 19 years of age to register for any contest within the website if you are a legal resident of Alabama or Nebraska. With the exception of Arizona, Iowa, Louisiana, Montana and Vermont (“states of exclusion”), all other U.S. States (including Washington D.C.) are residential locations where you would be eligible to open an account and to participate in any contests offered by FanThrowdown.com™. Legal residents of the states of exclusion are not eligible for any prizes offered by FanThrowdown.com™. Legal residents of the country of Canada are eligible to register and participate in contests that are offered by FanThrowdown.com™.
In addition to needing to be 18 years of age or older (or whatever age is required by the jurisdiction, territory or location where you legally reside), in order to deposit any money and participate in any contest provided by the website, you must:
i) be a citizen of either the United States of America or Canada and must maintain a residential address within either the United States of America or Canada;
ii) must be physically located in either the United States of America or Canada;
iii) reside in a jurisdiction in which the use of any of the services provided by FanThrowdown.com is not prohibited by the applicable law of that jurisdiction. For example only, and as set forth above, you are not permitted to participate in any contests or to receive any prize if you reside in Arizona, Iowa, Louisiana, Montana and Vermont;
iv) agree to abide by all terms and conditions between you and FanThrowdown.com™; and
v) not be subject to backup withholding tax based upon the fact that you are exempt from backup withholding tax, the U.S. Internal Revenue Service (“I.R.S.”) has notified you that you are no longer subject to backup withholding tax, or you have been notified by the I.R.S. that you are subject to backup withholding tax because of a failure to report dividends or interest.
Accordingly, if you do not meet any of the eligibility criteria set forth above, you are not eligible to use the FanThrowdown.com™ website. FanThrowdown.com™, at its sole and absolute discretion, reserves its rights to withhold a contest prize(s) or suspend, revoke or terminate any user account of the FanThrowdown.com™ website upon suspicion of such user account not meeting any of the eligibility criteria set forth above. FanThrowdown.com™ reserves his right to require a user to provide proof of eligibility for the use of this website prior to providing such user with a contest prize.
You are only permitted to establish one (1) user account in order to participate in all services and other activities provided by the FanThrowdown.com™ website. FanThrowdown.com™, at its sole and absolute discretion, reserves its rights to withhold a contest prize(s) or suspend, revoke or terminate any user account upon suspicion that such user is utilizing more than one user account to access and/or participate in any service provided by the FanThrowdown.com™ website.
Employees of FanThrowdown.com™ are permitted to utilize the services provided by FanThrowdown.com™, but such use by the employees is limited to the testing of the user experience. Accordingly no employee of the website may withdraw money or prizes.
Individuals consulting or in any way otherwise assisting with the promotion or service of the website may participate in contests within the website without any limitation so long as such individuals do not have access to any non-public information or other data not made available to all users of the site. Individuals consulting or in any way assisting or promoting the services offered by FanThrowdown.com™ may only participate in the contests as long as they are not afforded any advantage with regard to competing in such contests.
Conditions of Use with Regard to Online Conduct
By using the website, you acknowledge and agree that any communal areas, including, but not limited, to chat rooms or blog areas found within the website, are for public and not private communications. Accordingly, users of the website shall participate in communications in a lawful manner. In some instances, communal areas may be hosted or moderated by a third-party. Any opinion, statement or action by that third party host or moderator expresses only his or her own views or opinions and does not represent the views or opinions of FanThrowdown.com™. By using the website, you agree that FanThrowdown.com™ shall not be responsible or in any other way liable for any opinion, action or statement made by you or made by a third party to a communal area. As it is impossible for FanThrowdown.com™ to review every communal area and placement of communications, links, etc., FanThrowdown.com™ shall not be held responsible for the content provided in the communal areas or placement of any links to another site.
FanThrowdown.com™ reserves its right, at its sole and absolute discretion, to, edit or move content from any blog, chat room, or any other communal area, if it appears to be inaccurate, defamatory, obscene, abusive or in any way violates any law.
You agree to use the website for lawful purposes only and to comport yourself both lawfully and with civility in your use of the FanThrowdown.com™ website in any manner whatsoever. In communal areas, you are not permitted to use or allow others to use your user account to:
i) post, transmit or provide a link to any content that is obscene, hateful, abusive, in any way spam-related, threatening, fraudulent, defamatory or which discloses information that is personal or private to someone;
ii) post, transmit or provide a link to any content that is sexually explicit, that falsely states or represents your affiliation with a person or an entity or impersonates any person or entity;
iii) post, transmit or provide a link to any content that is in the nature of promotion, advertising or any other form of solicitation;
iv) post, transmit or provide a link to any content that violates any law or regulation; and/or
v) post, transmit or provide any file that contains viruses or corrupted files, including but not limited to “Trojan Horses” or any other content that might contaminate or harm someone else's computer or the FanThrowdown.com™ website.
At any time and without prior notice, FanThrowdown.com™, at its sole and absolute discretion, may remove any post or other content for a perceived violation described above. Moreover, for a perceived violation described above, FanThrowdown.com™, at its absolute discretion, may terminate a user account and refuse to allow such user to utilize the website in the future.
By using the website, you agree to indemnify FanThrowdown.com™ and hold FanThrowdown.com™ harmless from any actions, proceedings, claims or liabilities arising out of your violation of any of these terms and conditions by you or any other person who uses your user account with or without your permission. Accordingly, you are responsible for any act or statement that might occur through the use of your user name and password. It is in your best interest not to disclose your password to anyone. In the event you suspect that your user account password has been lost or stolen, it is strongly recommended that you immediately change your password. In the event you suspect that someone has participated in an unlawful and/or uncivil act or posted some form of statement on the website that is unlawful and/or uncivil, you must immediately contact FanThrowdown.com™ and inform them of the unlawful and/or uncivil statement or act.
FanThrowdown.com™ in no way claims ownership of the user content. Although, by using the FanThrowdown.com™ website you are hereby granting FanThrowdown.com™ a perpetual, irrevocable, worldwide, royalty-free, nonexclusive and sub-licensable right and license to use, reproduce, publish, modify, adapt, translate, create derivative works from, perform, display and distribute your user content and to incorporate such user content in any form or other work, media or technology now known or later developed. You acknowledge and agree that by using the FanThrowdown.com™ website, you will bear all risks and/or liability associated with your use or disclosure of any content provided by you or any other user of the website. Moreover, by your use of the FanThrowdown.com™ website, you acknowledge and agree that you will bear the sole risk and liability of relying upon any content found within the website posted by you or any other users.
Restrictions on Use of Materials
All materials, content and information contained on the FanThrowdown.com™ website are the copyrighted property of FanThrowdown.com™ and/or FanThrowdown.com’s licensors or licensees. Accordingly, all trademarks, trade names, service marks and trade dress are proprietary to FanThrowdown.com™ and/or FanThrowdown.com’s licensors or licensees. Any information, material or content from the FanThrowdown.com™ website may not be copied, reproduced, republished, posted, distributed, uploaded or transmitted in any way. The FanThrowdown.com™ website is for your personal use only. Accordingly, you may not use the website for any commercial purposes or in any way that is unlawful or in any way harms FanThrowdown.com™, or any other person or entity, as determined at the sole and absolute discretion of FanThrowdown.com™.
Additional Conditions of Use of FanThrowdown.com™ Website
In order to register for any contests found within the website, you must register for a user account with FanThrowdown.com™. By registering a user account, you agree to provide accurate, current and complete information about yourself. In the event you provide any information that is not accurate, or is incomplete or not current, or FanThrowdown.com™ has reasonable grounds to believe that such information is inaccurate, incomplete or not current, FanThrowdown.com™ reserves its right, at its sole and absolute discretion, to deny you access to registration for use of the website and/or to terminate your user account.
In order to obtain a user account, you must provide a valid e-mail address and supply a username and password, which will be used in conjunction with your user account. Multiple areas within the website require you to register for access. It is your responsibility to maintain the confidentiality of your user name and password, and by submitting to the registration process, you agree that
i) you are fully responsible for all manners of the use of your user name and password by you or anyone else;
ii) you will keep your user name and password confidential and not share it with anyone else;
iii) you will immediately notify FanThrowdown.com™ of any unauthorized use of your user name and password/user account;
iv) you will only use your personal username and password to access any area within the website that can only be accessed via registration; and
v) FanThrowdown.com™ will not be liable for any damage or loss that may arise due to improper use of your user name and password by you or someone else with or without your authorization.
In the event FanThrowdown.com™ learns that someone is purportedly misusing a username and/or password, you agree that FanThrowdown.com™ may, at its sole and absolute discretion, deny access or block any transaction made by the suspected user account that is believed to be misusing your username and/or password. In denying access or blocking such transaction(s), you agree that FanThrowdown.com™ is not required to first provide you notice of its intent to deny access or block such user account.
Following your registration of a user account with FanThrowdown.com™, you may receive commercial communications relating to activity or other content relating to the website. By registering for a user account, you agree and understand that these commercial communications are part of the registration process, and that you may opt out of receiving such commercial communications either initially or through selecting such option at a later time.
By registering for a user account with FanThrowdown.com™, you acknowledge and agree that FanThrowdown.com™ is permitted to access, preserve, and disclose your account information or content if it is required to do so by law or based upon a good faith belief that such access, preservation, or disclosure is reasonably necessary to:
i) enforce these terms and conditions agreed to between you and FanThrowdown.com™;
ii) comply with legal process;
iii) protect the property, rights or personal safety of FanThrowdown.com™, the website users and/or the public;
iv) to respond to claims that some form of content on the website violates the rights of a third party; and/or
v) to respond to your personal request for customer service.
Misuse of Website
Upon suspicion of detrimental, adverse and/or unfair use of the website, FanThrowdown.com™, at its sole and absolute discretion, may:
i) disqualify any user of the website;
ii) refuse to award any form of prize or fantasy points; and
iii) require the return of any form of prize or fantasy points.
Detrimental, adverse and/or unfair use of the website includes, but is not limited to:
i) obtaining another user’s information and sending spam to other users of the website;
ii) submitting false personal information to the website;
iii) tampering in any manner with the administration of the website or;
iv) violating any term or condition for the use of the website;
v) collecting fantasy points or prizes through improper methods (e.g. automated scripts or other automated means); and/or
vi) abusing one’s privilege to use the website through any form of improper or unlawful means.
By using the website, you acknowledge and agree that prizes and/or fantasy points may be forfeited and/or required to be returned to FanThrowdown.com™. You also agree that FanThrowdown.com™, by forfeiting or requiring the return of prizes and/or fantasy points, does not waive its right to pursue civil action and/or criminal charges in connection with any detrimental, adverse and/or unfair use of the website.
By using the FanThrowdown.com™ website, you acknowledge and agree that you will in no way utilize the services offered by the website in furtherance of any form of gambling.
Exclusions of Liability
FanThrowdown.com™ is not responsible for the following:
i) any incorrect or inaccurate user information intentionally or mistakenly provided by a user;
ii) human error out of the control of FanThrowdown.com™;
iii) technical malfunctions;
iv) public utility failures or telephone outages;
v) interruptions, omissions, latency, deletions or defects of any network computer online systems, telephone system, computer equipment, data, providers, software or servers, including but not limited to, operating systems and software that fail to permit a user account to utilize the services offered by the website;
vi) any damage to any user’s personal computer equipment that related to or resulted from use of the website, but was not in any way the fault or responsibility of FanThrowdown.com™;
vii) destruction, tampering, theft or unauthorized access to any images found within the website;
viii) any data that is incorrectly processed, processed too late or is incomplete or lost due to a malfunction of a telephone or computer or any other form of electronic malfunction or congestion of telephone lines or any other form of transmission of information;
ix) any data that is incorrectly processed, processed too late or is incomplete or lost due to an Internet related problem or any service provider’s malfunction or other website’s malfunction;
x) incomplete, misdirected, stolen and/or illegible contest entries;
xi) unavailability and/or or corruption of the website contests due to a virus, bug, outside or unauthorized intervention with the website administration, unlawful or improper actions by a website user, fraud, technical failures, or anything else that causes the website to be corrupted or affects the administration, security, integrity, fairness and day to day operation of the services provided by the FanThrowdown.com™ website, at its sole and absolute discretion; and/or
xii) any typographical, printing error or other inadvertent error by an employee or representative of FanThrowdown.com™ that requires rectifying and relates in any way to a contest provided by the website.
xiii) any incorrect player information provided by the website including but not limited to athlete starting status, injury status, stats and/or other statistical/historic information.
No Affiliation with Professional Sports Leagues or Teams
FanThrowdown.com™ is in no way currently affiliated with any professional sports league or team. Moreover, FanThrowdown.com™ is in no way currently serving as a sponsor for any professional sports league or team.
Remedy Upon Finding of Corruption
In the event it is determined that a user of the website has in some manner corrupted or affected the administration and/or fairness of the outcome of a contest, you agree that FanThrowdown.com™, at its sole and absolute discretion, reserves its right to cancel, extend, terminate or modify the contest and/or select a winner(s) from all other eligible users who are participating in such corrupted or affected contest(s).
FanThrowdown.com’s failure or inability to comply with any portion of these terms and conditions due to an act of God, natural disaster, terrorism, act of public enemies, actions of governmental authorities outside the control of FanThrowdown.com™ (except for compliance with applicable laws, regulations and codes), or any other force major event shall not be considered a breach of these terms and conditions.
As a condition of registering a user account with the website and participating in any contest, you acknowledge and agree to the website’s use of your likeness, voice, name and/or photograph for the promotion, marketing, development, and/or production of all FanThrowdown.com™ contests, unless otherwise prohibited by law. All winners of FanThrowdown.com™ contests acknowledge and agree to make themselves available to FanThrowdown.com™ for publicity purposes from the point in time they are notified that they have potentially won a contest until such time that FanThrowdown.com™ informs the contest winner that they are no longer needed for publicity purposes. Publicity for FanThrowdown.com™ shall include, but not be limited to advertising and any other activity necessary to promote the website as determined by FanThrowdown.com™ in its sole and absolute discretion. FanThrowdown.com™ (or any Website or other form of product or service directly affiliated, controlled and/or owned by FanThrowdown.com™) reserves the right to make public statements relating to contest winners via radio, television, Internet or any other communications medium. Through your registration and use of the website, you acknowledge and agree that FanThrowdown.com™ may announce the contest winners’ names via radio, television, Internet or any other communications medium in connection with any advertising or promotion of the website or any product, service or other site associated with FanThrowdown.com™.
Determination of Contest Winner(s)
Through your registration and use of the website, you unconditionally agree that FanThrowdown.com™ shall serve as the sole judge and arbiter as to the determination of a winner(s) in all FanThrowdown.com™ contests in the event a dispute arises. Accordingly, any decision by FanThrowdown.com™ as to the winner(s) of a contest shall stand as a final and binding decision.
Contest Rules and Promotions
FanThrowdown.com™ offers its users prizes for winning contests. FanThrowdown.com™ also offers promotions relating to its contests. Each contest or promotion is governed by a particular set of rules and/or guidelines. Through your registration and use of the website, you acknowledge and agree that you will read and ensure you understand each particular set of rules and/or guidelines for each particular contest or promotion prior to participating in each contest and/or promotion.
Laws and Regulations
The contests offered by FanThrowdown.com™ are games of skill and shall not be construed in any manner to be considered any form of gambling. Moreover, All state, local, federal and provincial laws and regulations apply to these contests. Any taxes owed for any winnings obtained through the use of this website are the sole responsibility of the prizewinner. FanThrowdown.com™ strives to ensure compliance with all I.R.S. reporting requirements relating to specific prize amount thresholds.
Automated Software, Scripts and/or Bots
Automated software tools and scripts are prohibited from accessing this website. At its sole and absolute discretion, FanThrowdown.com™ reserves the right to terminate any user account believed to be using automated tools, scripts software or bots which simulate a user and/or in any way detrimentally affect the use of the website by any other user account.
The FanThrowdown.com™ website may contain hyperlinks relating to other websites ("other website(s)"). Upon your accessing such hyperlinks, you acknowledge and agree that any terms and conditions of use found within those other websites shall apply and not the FanThrowdown.com™ website’s terms and conditions set forth herein. Accordingly, FanThrowdown.com™ makes no warranty or representation as to the content, accuracy, legality or authenticity of any content presented by any other website from which you gain access via a hyperlink from the FanThrowdown.com™ website. Moreover, the fact that an "other website" can be accessed via the FanThrowdown.com™ website is in no way an endorsement of that “other website” by FanThrowdown.com™.
Policy Relating to Content by Third-Parties
In its sole and absolute discretion, FanThrowdown.com™ reserves its right to deny permission to third parties to link to the FanThrowdown.com™ website. Third-parties are prohibited from
i) replicating content contained on the FanThrowdown.com™ website;
ii) implying that the FanThrowdown.com™ website endorses or sponsors any FanThrowdown.com's products or services (unless such third party is provided with prior written consent from FanThrowdown.com™ to endorse a product and/or service);
iii) presenting false information about the FanThrowdown.com™ website;
iv) presenting content that might be construed to be offensive, vulgar, distasteful and/or controversial;
v) using any trademarked or copyright protected content of the FanThrowdown.com™ website without the written consent of FanThrowdown.com™;
vi) frame or create a border or browser or environment around any content within the FanThrowdown.com™ website; and/or
vii) sharing or providing users of the FanThrowdown.com™ website with any form of content that might be construed to be harmful to the FanThrowdown.com™ brand or which might promote a negative image of the FanThrowdown.com™ website to its users.
Based on the foregoing, you agree that by either linking to the website or posting any content on the website, FanThrowdown.com™, in its sole and absolute discretion, reserves its right to deny permission to any third-party to link to the website or post any content on the website if it determines such third-party to be violating any of its terms and conditions. Moreover, FanThrowdown.com™, in its sole and absolute discretion, reserves its right to remove third-parties linking or posting content on its website that it believes to be violating any of its terms and conditions.
FanThrowdown.com™ may contain content provided by third-parties. You acknowledge and agree that FanThrowdown.com™ makes no representation or warranty as to the accuracy currentness, completeness, reliability or overall trustworthiness of any third-party content you may encounter on the FanThrowdown.com™ website. Moreover, FanThrowdown.com™ may contain descriptions or references to third-party services, third-party publications or third-party products within the website. You acknowledge and agree that your encounter of any third party services, third-party publications or third-party products on the website by no means implies that FanThrowdown.com™ endorses any such third party services, publications or products.
The contests presented on FanThrowdown.com™ are all games of skill. The winners of such contests are determined by criteria which are clearly delineated within the rules of each contest. In each contest, the winner is determined by the participants in the contest using their skill and knowledge of relevant professional sports-related information in conjunction with their knowledge of the rules of fantasy sports in order to accumulate the most fantasy points. Each entry within FanThrowdown.com™ must be comprised of players drawn from a real-life sporting events. Fantasy points are earned or accumulated as a result of the performance of individual athletes across multiple sporting events.
Duration of Contest
Contests offered by FanThrowdown.com™ are for multiple, professional sporting events and take place during a single day or at most a week.
The entry fee for participating in a FanThrowdown.com™ contest will be listed in U.S. dollar amounts. If you choose to participate in one of the contests, the amount listed in US dollars will be debited from your user account balance. You will be required to follow the instructions and/or links in order to complete your participation/entry within a contest. In the event a dispute may arise as to the identity of a user's participation or entry in a contest, such entry shall be deemed submitted by the individual user account that was utilized to make the entry. If the identity of the person utilizing that user account is disputed, the disputed entry shall be deemed to be used by the name in which the e-mail address within the user account was registered with the e-mail service provider.
Refunds | Money Back Guarantee
Our money back guarantee (as stated on the add funds screen) is conditioned to allow for the initial deposit to be refunded for new account registrations only. This is restricted to allowing for a refund of a maximum of 1 contest entry only, which a value cap amount of $10.00 for the deposited amount. Other refund requests are handled on a case by case basis however the money back guarantee falls under the conditions as stipulated above.
The contestant that earns and accumulates the most fantasy points will be the winner of the contest. The winner of a contest will have his or her prize awarded to his or her user account balance within FanThrowdown.com™. Following the completion of each contest and determination of a winner(s), a prize will be awarded no later than 10:00 A.M. (Eastern Standard Time) the following day. In the event of a tie, the prize will be divided evenly between the tied contestants.
The available entry fees to enter a contest in FanThrowdown.com™ will be Five Dollars ($5.00), Ten Dollars ($10.00), Twenty-Five ($25.00), Fifty Dollars ($50.00), and One Hundred Dollars ($100.00). These entry fees are denominations of United States currency.
The prizes are determined based upon the results at the time the final scoring is calculated by FanThrowdown.com™. After prizes are determined and awarded, the final scoring determined by FanThrowdown.com™ will stand regardless of any official adjustments made by any of the professional sports leagues. You agree however that FanThrowdown.com™, at its sole and absolute discretion, reserves its right to determine the winner(s) of contests before it awards any prizes.
The payouts associated with prizes will generally correspond with the Price Calculation Table found below. All specific contests and/or any associated variations on the below-described prize calculations will be fully explained within the FanThrowdown.com™ website to all contestants in each specific contest offered on the website.
PRIZE CALCULATION TABLE
(In U.S. Currency)
ENTRY FEE AMOUNT:
HEAD TO HEAD PRIZE
(5) PERSON CONTEST PRIZE
(10) PERSON CONTEST PRIZE
Five Dollars ($5.00)
Nine Dollars ($9.00)
Twenty-Two and 50/100 Dollars ($22.50)
Forty-Five Dollars ($45.00)
Ten Dollars ($10.00)
Eighteen Dollars ($18.00)
Forty-Five Dollars ($45.00)
Ninety Dollars ($90.00)
Twenty-Five Dollars ($25.00)
Forty-Five Dollars ($45.00)
One Hundred Twelve and 50/100 Dollars ($112.50)
Two Hundred Twenty-Five Dollars ($225.00)
Fifty Dollars ($50.00)
Ninety Dollars ($90.00)
Two Hundred Twenty-Five Dollars ($225.00)
Four Hundred Fifty Dollars ($450.00)
One Hundred Dollars ($100.00)
One Hundred Eighty Dollars ($180.00)
Four Hundred Fifty Dollars ($450.00)
Nine Hundred Dollars ($900.00)
You agree that substitution or transfer of prizes is not permitted by FanThrowdown.com™. You agree that in the event there is a challenge by any legal authority as to whether a prize(s) should be awarded, FanThrowdown.com™, at its sole and absolute discretion, may determine whether such challenged prize(s) should be awarded.
By participating in the contests within the FanThrowdown.com™ website, you agree that all tax liability relating to a prize-winner’s receipt of a prize are the sole responsibility of the prize-winner. FanThrowdown.com™ prize-winners who have won Six Hundred Dollars ($600.00) or more in net winnings (gross winnings - all entry fees) over the previous year (hereafter referred to as a “Taxable Prize-Winner”) will be contacted by FanThrowdown.com™. By participating in the contests within the FanThrowdown.com™ website, you agree that if you are determined to be a Taxable Prize-Winner, and you are contacted by FanThrowdown.com™, you will immediately provide your residential address and tax identification number (i.e. social security number) as FanThrowdown.com™ will need these details in order to file a 1099-MISC forms with the I.R.S. FanThrowdown.com™ reserves its right to request any other information from a Taxable Prize-Winner necessary for FanThrowdown.com™ to submit a 1099-MISC form to the I.R.S.
Following the conclusion of a contest and the determination of a winner, a prize winner will usually be posted on the FanThrowdown.com™ website no later than 10:00 A.M. (Eastern Standard Time) the following day, unless extenuating circumstances arise. FanThrowdown.com™ prize winners may be required via e-mail or U.S. Mail to receive and return an executed affidavit of eligibility and/or appropriate tax forms. By participating in the contests within the FanThrowdown.com™ website, you agree to receive via e-mail or U.S. Mail and return an executed affidavit of eligibility and/or appropriate tax forms, and you agree that your failure to do so may result in your disqualification. In the event FanThrowdown.com™ is unable to notify a prize winner because the e-mail address and US mail address provided within a user account are determined to be invalid and/or undeliverable, this may result in disqualification of the prize winner and selection of an alternate prizewinner. If you would like to learn the name(s) of any prize winner(s) of any FanThrowdown.com™ contest(s), you may obtain such information by sending a written request to: FanThrowdown.com™, 384 Broadway 2nd floor, Saratoga Springs, NY 12866 or emailing FanThrowdown.com™ at email@example.com.
FanThrowdown.com™ Rewards, Referrals and Bonuses
FanThrowdown.com™ may offer bonuses to new users of the website who refer additional users. In the event that FanThrowdown.com™ awards a bonus for a referral, FanThrowdown.com™ reserves its right to retract such bonus for good cause. The bonuses awarded for referrals may only be collected by the user account and withdrawn from the user account if such user previously entered into and completed at least one contest within the FanThrowdown.com™ website. Accordingly, any bonus for a referral shall be deemed to be awarded to a user upon that user’s entry and completion of at least one contest within the FanThrowdown.com™ website. If it is determined by FanThrowdown.com™, at its sole and absolute discretion, that a user withdrew bonus money from the website prior to entering and completing at least one contest within the FanThrowdown.com™ website, then you agree that such bonus money may be retracted from the user account.
FanThrowdown.com™ also offers cash rewards for contestants who enter into and win “Beat the Expert” and “Giveaway/Freeroll” tournaments (“cash rewards”). At its sole and absolute discretion, FanThrowdown.com™ reserves its right to retract these cash rewards if the contestants do not use them to enter into actual money contests within one (1) month of being awarded such cash rewards. While these cash rewards may be utilized to enter into actual money contests, the cash rewards may not be collected and withdrawn from your user account.
By using the FanThrowdown.com™ website and accepting any prize(s) awarded based upon your participation in contests within the website, you acknowledge and agree to release and to hold harmless FanThrowdown.com™ and its affiliates, parents, subsidiaries, and agencies, as well as any of its representatives, officers, directors, shareholders, and employees of any FanThrowdown.com-related entity from all liability, actions, or claims of any kind whatsoever, including, but not limited to, damages, losses or injuries to property and/or persons which may be sustained in connection with your use of the website, misuse of the website, participation in contests, use, receipt or ownership of prizes, defamation claims, invasion of privacy claims, and/or claims based upon publicity rights.
Disclaimer of Warranties
This website, including without limitation, all software, functions and content made available through the website or accessed through or sent from the website, are provided "as is," "as available," and "with all faults." FanThrowdown.com™, to the fullest extent permissible by law, along with all FanThrowdown.com’s affiliates, entities, parents, and subsidiaries make no representations or warranties or endorsements of any kind whatsoever (express or implied) with regard to: this website, the software and/or content within the website or provided through the website, any products or services offered through the website, any content and software found within or provided through the website, any hyperlinks or other connections to third parties found within the website, any security associated with the transmission of sensitive information through the website or any linked site, any functions made accessible on or through the website and/or messages and/or information sent from the website by users of the website. FanThrowdown.com™ does not warrant that: the website or any of its functions or content contained within the website will be error-free and/or uninterrupted, that any defects will be corrected, or that the website or servers that make the website available are free of defects, viruses or any other harmful components.
FanThrowdown.com™ does not warrant that your use of the website and activities while using the website are lawful in any particular jurisdiction, and, in any event, FanThrowdown.com™ specifically disclaims such warranties. By using the website and any of its features, you acknowledge and agree that you act at your own risk and you warrant and represent that your use of the website and activities performed while using the website are lawful in every jurisdiction where you use the website, and access the website or any content found within the website. Moreover, FanThrowdown.com™, and its affiliates, entities, parents, and subsidiaries, disclaim any express or implied warranties including, without limitation, non-infringement, merchantability, fitness for a particular purpose, and title.
FanThrowdown.com™, and its affiliates, entities, parents, and subsidiaries, shall not be liable for the use of the website including, without limitation, any content and/or errors contained therein. Please note that some jurisdictions limit or do not allow the disclaimer of implied or other warranties, therefore the above disclaimer may not apply to the extent such jurisdiction’s laws may be applicable to this agreement.
Limitations of Liability
By using the FanThrowdown.com™ website, you acknowledge and agree that FanThrowdown.com™, and its affiliates, entities, parents, and subsidiaries, limit their liability in connection with your use of the website as set forth below:
FanThrowdown.com™, and its affiliates, entities, parents, and subsidiaries, shall not be liable to you for any losses or damages of any kind, which include, without limitation, any direct, indirect, special, exemplary, incidental, punitive, economic or consequential damages directly or indirectly related to: the website, the use or inability to use the website, the performance of the website, the content within the website, any actions or investigation by any law enforcement authority or other company relating to your use of the website or its content, any actions taken based upon copyright-related claims, and/or your upload information, any errors or omissions within the operation of the website regardless of whether FanThrowdown.com™, or any of its affiliates, entities, parents, and subsidiaries, were advised of the possibility of such damages, whether an action in negligence, contract, and/or strict liability (including, without limitation, and whether caused in whole or in part by, Acts of God, negligence, telecommunications failure, theft, or destruction of the website).
FanThrowdown.com™, and its affiliates, entities, parents, and subsidiaries, shall under no circumstances be liable to you or anyone else for any damages injury, or loss, including, without limitation, death or personal injury. Please note that some states do not allow for the exclusion or limitation of consequential damages or incidental damages, therefore the above limitations or exclusions may not apply to you. FanThrowdown.com™, and its affiliates, entities, parents, and subsidiaries, shall under no circumstances be liable to you for all causes of action, losses and/or damages that exceed one hundred dollars ($100.00).
FanThrowdown.com™, and its affiliates, entities, parents, and subsidiaries, shall not be responsible for any damage to any user's computer, software, hardware or other technological equipment, including, without limitation, any damage relating to any security breach due to a virus, fraud, tampering, bug, error or omission, defect, interruption, delay in transmission or operation, computer line or network failure or any other technical malfunction or general malfunction.
By using the FanThrowdown.com™ website, you acknowledge and agree that such use is at your own risk and/or peril. In the event that you are not satisfied with your use of the FanThrowdown.com™ website, it is your exclusive and sole remedy to immediately cease using and/or accessing the website or any content found within the website.
By using the FanThrowdown.com™ website, you acknowledge and agree any losses, injuries, or damages that may arise out of any acts or omissions of FanThrowdown.com™, such losses, injuries, or damages, if any, caused to you are not irreparable and do not entitle you to any form of an injunction that might hinder or harm the operation, promotion, marketing and/or day-to-day use of the FanThrowdown.com™ website by its users.
By using the FanThrowdown.com™ website, you acknowledge and agree that you are waiving your rights with respect to any claims that are unknown or unsuspected at this time, and in accordance with such waiver you acknowledge that you have read and understand, and thereby expressly waive, the benefits of section 1542 of the civil code of California, along with any similar law of any other U.S. State or territory, which provides as follows, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
FanThrowdown.com™’s Proprietary Rights
FanThrowdown.com™ owns title to all intellectual property rights in and to the website. By using the FanThrowdown.com™ website, you acknowledge and agree that the website contains confidential and proprietary information that is protected by intellectual property and other applicable laws. By using the FanThrowdown.com™ website, you acknowledge and agree that, without the written, express authorization of FanThrowdown.com™, you will not rent, loan, lease, modify, distribute, sell or create any derivative works based, in whole or in part, upon the FanThrowdown.com™ website.
Third-Party Beneficiaries Disallowed
By using the FanThrowdown.com™ website, you acknowledge and agree that, without the written, express authorization of FanThrowdown.com™, there shall be no third-party beneficiaries to the terms and conditions of this agreement.
Copyright Infringement Claims - Notice and Procedure
When appropriate, FanThrowdown.com™, at its sole and absolute discretion, may need to terminate and/or disable user accounts who may be infringing upon the intellectual property rights of others. In the event any person or entity reasonably believes their intellectual property rights are being violated by a user of the website or that their work is in any way being copied or reproduced without their permission within the FanThrowdown.com™ website, then the party whose intellectual property rights are purportedly being violated must provide notice to FanThrowdown.com™ (“IP Violation Notice”). The IP Violation Notice must contain the following information: (i) a detailed description of the copyrighted work or other intellectual property that is purported to have been misappropriated and/or improperly used; (ii) a detailed description of the location within the FanThrowdown.com™ website where such copyrighted work or other intellectual property was purportedly misappropriated and/or improperly used; (iii) and a statement by the person sending the IP Violation Notice that he or she has a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, that he or she is the copyright or intellectual property owner of the disputed intellectual property or authorized to act on behalf of the copyright or intellectual property owner, that such statement is made under penalty of perjury and that the provided information within the IP Violation Notice is true and accurate to the best of his or her knowledge and belief. In addition, the IP Violation Notice must contain the address, telephone number and e-mail address of the sender of the IP Violation Notice, along with a physical signature or electronic signature of either the intellectual property owner of the disputed intellectual property or the person authorized to act on behalf of the copyright or intellectual property owner.
The IP Violation Notice may be sent to FanThrowdown.com’s Copyright Agent either via e-mail (firstname.lastname@example.org or US mail to FanThrowdown.com (500 Mamaroneck Ave, Harrison, NY 10528) and should clearly and prominently indicate “IP VIOLATION NOTICE” so that FanThrowdown.com™ may consider such IP Violation Notice and determine whether further action is necessary.
Agreements Applicable to FanThrowdown.com™ terms and conditions OF USE OF WEBSITE
You acknowledge and agree that any dispute arising from or in any way connected to the use of the FanThrowdown.com™ website or in any way relating to these Terms and Conditions shall be governed by the laws of the State of New York without regard to any conflict of law provisions.
Jurisdiction and Venue
You acknowledge and agree that any action in law or equity relating to the website or in any way relating to these Terms and Conditions shall be filed, and venue properly lies, only in the state or federal courts located in Saratoga County, New York and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating such action in law or equity.
You acknowledge and agree that these Terms and Conditions contain the entire understanding and agreement between you and FanThrowdown.com™ relating to the website, and that these Terms and Conditions supersede any prior understandings, memoranda or other written or oral agreements between you and FanThrowdown.com™ relating to the website. You acknowledge and agree that there are no representations, agreements, arrangements or understandings, oral or written, between and FanThrowdown.com™ relating to the website that are not fully expressed herein.
Headings Not Binding
You acknowledge and agree that the headings contained in these Terms and Conditions are inserted for convenience only and do not constitute a part of the Terms and Conditions. Accordingly, the headings shall have no legal or contractual effect.
You acknowledge and agree that if any provision of these Terms and Conditions shall be held by a court of competent jurisdiction to be invalid or unenforceable, such provision shall be construed so as to be limited or reduced to be enforceable to the maximum extent compatible with the law as it shall then appear. The total invalidity or unenforceability of any particular provision of these Terms and Conditions shall not affect the other provisions hereof and these Terms and Conditions shall be construed in all respects as if such invalid or unenforceable provision were omitted.
Statute of Limitations
You acknowledge and agree that any claim or cause of action arising out of your use of the website or in any way relating to these Terms and Conditions must be filed in a court of competent jurisdiction within one (1) year after such claim or cause of action arose or such claim or cause of action will be forever barred. You acknowledge and agree that this one (1) year statute of limitations shall remain in full force and effect regardless of any statute or law to the contrary.
You acknowledge and agree that whenever the context of these Terms and Conditions may require, any pronoun used herein shall include the corresponding masculine, feminine or neuter forms and the singular of nouns, pronouns and verbs shall include the plural and vice versa.