PLEASE READ THESE TERMS OF SERVICE ("TERMS") CAREFULLY BEFORE USING THE NEXT FANTASY CHAMPION WEBSITE AND SERVICE (COLLECTIVELY, THE "SITE") ACCOMPANYING THESE TERMS. BY USING THE SITE, YOU ARE ENTERING INTO AND AGREEING TO BE BOUND BY THE TERMS OF THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THESE TERMS, DO NOT USE THE SITE. Next Fantasy Champion may issue additional terms, rules and conditions of participation in particular contests, and where we do, you agree to be subject to them if you participate in such contests.
1. GENERAL. The term "Site" includes the following: (i) any software code, scripts, interfaces, graphics, displays, text, audio-visual components, documentation and other components comprising the Site (including that of any of Next Fantasy Champion’s third-party licensors); (ii) any updates, modifications or enhancements to the items listed in subsection (iii), together with any electronic or other documentation and associated materials; and (iv) any of the Internet-based, interactive information services, sites, content, and interactive tools provided by Next Fantasy Champion that may be used or accessible by means of the items identified in subsections (i) and (ii) above.
2. LICENSE GRANT; RESTRICTIONS ON USE; SUBMITTED CONTENT; USE OF THE SITE.
2.1 We grant you a revocable, non-exclusive, non-transferrable, limited right and license to access and use the Site owned or controlled by you, for your non-commercial use, strictly in accordance with these Terms. You shall not: (i) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Site; (ii) make any modification, adaptation, improvement, enhancement, translation or derivative work from the Site; (iii) violate, or use the Site or your account therefor to violate, any applicable laws, rules or regulations in connection with your access or use of the Site, or to infringe any intellectual property, privacy or other proprietary rights of any individual or entity; (iv) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Next Fantasy Champion or its affiliates, partners, suppliers or the licensors of the Site or otherwise obscure or modify the manner in which they are displayed by means of the Site; (v) use the Site for data mining, scraping, crawling, redirecting, or compiling a collection of listings or data for any purpose other than one expressly authorized pursuant to these Terms; (vi) use the Site to attempt to interfere with the proper functioning, display, operation and/or usage of the Site or our sites by any other authorized users or third parties; (vii) interfere with any measures designed to control access to the Site, prevent unauthorized copies thereof, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under these Terms; (viii) use any proprietary information, content or interfaces of the Site or other intellectual property for any purpose not expressly authorized by these Terms. You recognize that the unauthorized use or disclosure of any of the foregoing may give rise to irreparable injury to Next Fantasy Champion or its licensors or affiliates for which monetary damages may be an inadequate remedy; and you agree that Next Fantasy Champion or its licensors or affiliates may seek and obtain injunctive relief against the breach or threatened breach of your obligations hereunder, in addition to any other legal and equitable remedies which may be available. Next Fantasy Champion reserves all rights in and to the Site not expressly granted to you in this Section 2.1.
2.4 You may be able to purchase or download certain products, content or services from or through the Site. You may only order or download such products, content or services if, and you hereby represent and warrant that, you are domiciled in the United States and you are 18 years old (or the age of majority in your jurisdiction) or older. You agree to pay in full the prices for any purchases or downloads you make either by payment card or by other payment means acceptable to Next Fantasy Champion. You agree to pay all applicable taxes. If payment is not received by us from your payment card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain products and services that you may be able to purchase or download on or through the Site may be subject to additional terms and conditions presented to you at the time of such purchase or download.
2.5 You may not use or otherwise export or re-export the Site except in accordance with these Terms and as authorized by U.S. law. In particular, but without limitation, the Site may not be exported or re-exported (a) into (or to a national or resident of) any countries subject to a U.S. embargo or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Table of Denial Orders or Denied Person’s List or Entity List. By using the Site, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or location, or on any such list.
2.6 You acknowledge that we may from time to time issue upgraded versions of the Site, and we may automatically electronically upgrade (or otherwise make available for you to upgrade) the version of the Site you are using. You consent to such automatic upgrading (if applicable) and agree that these Terms will apply to all such upgrades (including those made available automatically and those made available through other methods), unless such upgrade is accompanied by a different set of terms. Also, from time to time, without prior notice to you, we may change, expand or improve the Site. We may also, at any time, discontinue part or all of the Site or selectively disable certain aspects of or accessibility to portions of the Site. Any modification or elimination of the Site will be done in our sole discretion and without any obligation or liability to you.
2.8 You will be required to register and create an account with us in order to use the Site and certain features thereof. You represent and warrant that all information provided by you when creating an account is true, accurate and complete and that you will update this information as necessary to ensure that it remains true, accurate and complete. You accept all responsibility for all activities that occur under your account, and you agree to notify us if you are aware of any unauthorized access to your account or if your disclosure of your account information may result in unauthorized usage of the account. In our sole and absolute discretion, and without notice or liability to you, we may terminate your account for any reason or we may require you to change your username or password.
2.9 Next Fantasy Champion may, in its sole discretion, cancel a contest without restriction, and may disqualify any user from participating in a contest or using the Site, refuse to award prizes or require the return of any prizes won in any contest if you engage in unfair or improper conduct or conduct which may harm Next Fantasy Champion, the Site or another use, in Next Fantasy Champion’s sole discretion. You acknowledge and agree that the Site is not, and may not be used for or as, any form of gambling.
4.1 Next Fantasy Champion contests are games of skill, where the winners prevail by using their skill, experience and knowledge of applicable professional sports, fantasy sports and sports information available to them.
4.2 In every Next Fantasy Champion contest, you will be charged (i) a pre-defined entry fee in US dollars and (ii) and upon confirmation of your participation in a particular contest, those pre-defined amounts will be deducted immediately from your Next Fantasy Champion account. If there is a dispute as to the identify of an entrant, the entry will be deemed submitted by the person in whose Next Fantasy Champion username was used to enter the contest, or if possession of the username is at issue, and in Next Fantasy Champion’s sole discretion reasonably uncertain, the name in which the email address on file was registered with the email service provider shall be used. Next Fantasy Champion reserves the right not to award a prize to an individual it believes in its sole discretion did not submit the winning entry.
4.3 Fantasy points are accumulated through the performance of the individual athletes across multiple sporting events. All P1CK contests are based on the performance across a minimum of two sporting events. After each contest is over, the winner will be determined, typically immediately. All winners must comply with all eligibility requirements and applicable rules. Pre-defined prizes will be credited to users’ account following contest determination.
4.4 No substitution or transfer of a prize is permitted. All applicable taxes are the sole responsibility of the winner. If a government or other regulatory agency challenges a prize, Next Fantasy Champion reserves the right, in its sole discretion, not to award such prize or to modify the prizing. Next Fantasy Champion is the sole judge and its determinations in connection with any contest are final and binding.
In order to deposit money into your account or to enter a contest agree, represent and warrant that: (i) you are 18 or older, (ii) you are a legal resident of and currently reside in the United States of America; (ii) you are physically located in the USA when you participate in a contest and you are not in a jurisdiction where participation in such contest is prohibited; (iii) you are not a resident of any of the following states: Arizona, Iowa, Louisiana, Montana or Washington; (iv) you are not subject to backup withholding tax because: (a) you are exempt from backup withholding, or (b) you have not been notified by the Internal Revenue Service (IRS) that you are subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified you that you are no longer subject to backup withholding; and (v) you are not an athlete, coach, in team management, team support personnel, team owner or league or association employee or referee of any team, league or association that is part of a Next Fantasy Champion contest.
Next Fantasy Champion reserves the right to require you to prove any or all of the above.
You may establish and use only one account on the Site. If Next Fantasy Champion finds out that you have established or used more than one account, in addition to any other rights that Next Fantasy Champion may have, Next Fantasy Champion reserves the right to suspend or terminate any or all of your accounts.
Next Fantasy Champion employees may use the Service for the purpose of testing or simulating the user experience, but may not withdraw money or prizes.
Professional athletes and coaches may not participate in any P1CK contests in the sport or sports which they’re associated.
6. THIRD-PARTY ADVERTISING & LINKS TO THIRD-PARTY SITES.
7. INTELLECTUAL PROPERTY.
You acknowledge and agree that all intellectual property rights (including any and all copyrights, patents, trademarks, trade secrets, publicity rights and other intellectual property rights) in and to the Site and all elements thereof (including, without limitation, all content, design elements, text, graphics, pictures, illustration, animation, video, audiovisual elements, information, applications, software, code, music, sound, look-and-feel, and other files contained therein or related thereto), are the sole property of Next Fantasy Champion, its subsidiaries, affiliates, licensors, suppliers or other third parties. Except as provided herein, you do not possess, and we do not grant to you, any rights (whether by implication, estoppel, or otherwise) in or to any Intellectual Property and all such rights are retained by us and/or other third parties.
NEXT FANTASY CHAMPION and all related logos are trademarks and/or registered trademarks of Next Fantasy Champion and/or its licensors. No right, title, license, or interest to any such trademark is granted hereunder, and you agree that no such right, title, license, or interest shall be asserted by you with respect to any such trademark. You agree that you will not use Next Fantasy Champion’s or its licensors’ names or marks or employee names, or adaptations thereof, in any advertising, promotional or sales literature without Next Fantasy Champion’s, or its licensors’ prior written consent. You shall inform Next Fantasy Champion promptly in writing of any alleged infringement of Next Fantasy Champion’s or its licensors’ rights and of any evidence thereof.
9. WARRANTY DISCLAIMER.
THE SITE (INCLUDING ALL MATERIAL, CONTENT AND INFORMATION THEREIN) IS PROVIDED "AS IS" AND "AS AVAILABLE," AND YOU BEAR THE SOLE RISK AND RESPONSIBILITY OF INSTALLING AND USING IT ON YOUR MOBILE DEVICE. WE GIVE AND MAKE NO WARRANTIES, GUARANTEES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES FOR INFORMATION, DATA OR CONTENT MAINTENANCE OR STORAGE, UPTIME OR UNINTERRUPTED ACCESS, OR ANY WARRANTY OF ACCURACY, CORRECTNESS, PRECISION, TIMELINESS, THOROUGHNESS, COMPLETENESS, USE OR APPLICATION, ADEQUACY OR SUITABILITY. IN ADDITION, WE DO NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SERVICES OR THE INTERNET GENERALLY, IS FREE OF VIRSUES, ERRORS, OR OTHER HARMFUL COMPONENTS. NONE OF NEXT FANTASY CHAMPION, ITS AFFILIATES, OR ANY SERVICE PROVIDERS, MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING (1) THE OPERATION OR PERFORMANCE OF THE SITE OR ANY THIRD PARTY CONTENT OR SERVICES, (2) THE NATURE, CONTENT OR ACCURACY (EITHER WHEN ACCESSED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY INFORMATION, MATERIAL, APPARATUS OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM THE SITE (INCLUDING WITHOUT LIMITATION, THOSE ACCESSED USING THIRD PARTY CONTENT OR SERVICES), (3) ANY PRODUCTS OR SERVICES PURCHASED THROUGH USE OF ANY THIRD PARTY CONTENT OR SERVICE, OR ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF AN ADVERTISEMENT OR OTHER INFORMATION OR MATERIAL IN CONNECTION WITH THE SITE, OR (4) THE INTERNET GENERALLY. FURTHERMORE, NEXT FANTASY CHAMPION (AND ITS AFFILIATES AND ANY ASSOCIATED SERVICE PROVIDERS) EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH ANY SUBMITTED CONTENT AND ANY OTHER CONTENT, MATERIALS, OFFERS OR INFORMATION AVAILABLE ON OR THROUGH THE SITE CREATED OR PROVIDED BY USERS OR OTHER THIRD PARTIES. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THESE TERMS CANNOT CHANGE. HOWEVER, TO THE MAXIMUM EXTENT PERMITTED BY LAWS APPLICABLE TO YOU IN YOUR JURISDICTION, WE AND OUR SUPPLIERS, LICENSORS AND THIRD PARTY PROVIDERS EXPRESSLY EXCLUDE THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
10. LIMITATION OF LIABILITY
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE SITE GENERALLY. IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE, OR ANY OF OUR ASSOCIATED MOBILE DEVICE PLATFORM AND SERVICE AND CONTENT PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, YOUR USE OF OR INABILITY TO USE THE SITE OR THE INTERNET GENERALLY, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEXT FANTASY CHAMPION ALSO ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR MOBILE DEVICE OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SITE, OR YOUR DOWNLOADING, ACCESSING OR USING ANY MATERIALS OR CONTENT IN CONNECTION THEREWITH. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE PROTECTED ENTITIES BE RESPONSIBLE OR LIABLE FOR OR IN CONNECTION WITH ANY DISPUTE BETWEEN OR AMONGST USERS OF THE SITE, OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR IN CONNECTION WITH THE SITE. YOU UNDERSTAND AND AGREE THAT (I) THE MUTUAL AGREEMENTS MADE IN THIS SECTION REFLECT A REASONABLE ALLOCATION OF RISK, AND (II) THE PARTIES HERETO WOULD NOT HAVE ENTERED INTO THESE TERMS WITHOUT THESE LIMITATIONS ON LIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE PROTECTED ENTITIES' AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED TEN DOLLARS ($10.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You agree to defend, indemnify and hold us and, as applicable, our parent, subsidiaries, affiliates, partners, officers, directors, agents and employees, licensors, suppliers and third party content providers harmless from any claim or demand, including any and all losses, liabilities, claims, demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions, and liens, including reasonable attorneys' fees and costs, whether brought by third parties or otherwise, due to or arising out of (i) your use of the Site, (ii) your violation of any term of these Terms, or (iii) any information transmitted, submitted or provided by you through the Site (e.g., any Submitted Content), including your use of the Site to provide a link to another site or to upload content or other information using the Site, and, without limitation, our exercise of our rights with respect to such information. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, which will not excuse your indemnity obligations under this Section. You agree not to settle any matter subject to the forgoing indemnification obligations without our express consent and approval.
We may suspend or terminate these Terms and the rights afforded to you hereunder at any time. We may do so for any or no reason, and with or without prior notice to you, in our sole and absolute discretion. If you fail to comply with these Terms, then these Terms and any rights afforded to you hereunder shall terminate automatically. Upon termination, you must stop using the Site and uninstall it from your Mobile Device. If you violate these Terms, we may withhold or revoke the awarding of any prizes.We maintain a policy that provides for the termination in appropriate circumstances of the Site use privileges of users who are repeat infringers of intellectual property rights.
Except as expressly stated herein, these Terms constitutes the entire agreement between you and us with respect to your use of the Site, and it supersedes and replaces all prior or contemporaneous communications, proposals, understandings or agreement, whether electronic, oral or written, between you and us with respect to your use of the Site and/or the subject matter of these Terms. The laws of the United States and the State of New York shall govern the interpretation of the License and apply to claims for breach of it or any disputes arising out of it, regardless of conflict of laws principles. The parties agree to submit to the jurisdiction of the state and Federal courts, as applicable, located in New York County, New York. The court’s authority to resolve such disputes and to make awards is limited to disputes between the parties to these Terms alone, and is subject to the limitations of liability set forth in these Terms. Furthermore, disputes brought by either party to these Terms against the other may not be joined or consolidated in litigation with disputes brought by or against any third party, unless agreed to in writing by all parties. Our failure to exercise or enforce any right or provision of the License shall not constitute a waiver of such right or provision. If any provision of the License is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the License shall remain unaffected. All disputes arising under this Agreement shall be arbitrated on an individual basis. There shall be no right or authority for any disputes arising under or in connection with this Agreement to be arbitrated on a class action basis or in a purported representative capacity on behalf of the general public or other persons or entities similarly situated. The court’s authority to resolve such disputes and to make awards is limited to disputes between the parties to the Agreement alone, and is subject to the limitations of liability set forth in the Agreement. Furthermore, disputes brought by either party to the Agreement against the other may not be joined or consolidated in litigation with disputes brought by or against any third party, unless agreed to in writing by all parties.Sign Up