Terms Of Use

FANTASYSPIN GAME LLC, FantasySpin Terms of Use including Official Rules for FantasySpin Challenge Promotion (together, “Terms”)

(Last Updated 08/03/2020)

BY DOWNLOADING, ACCESSING OR USING THE SERVICES, APP, REGISTERING AN ACCOUNT, PARTICIPATING IN A PROMOTION IN ANY WAY, PARTICIPATING IN ANY GAME OR CONTEST, RECEIVING OR USING FREE CHIPS OR TOKENS, AND/OR VOLUNTARILY PROVIDING YOUR PERSONAL INFORMATION AS DESCRIBED IN THESE TERMS, YOU AGREE TO ALL OF THE TERMS SET FORTH HEREIN. PLEASE READ THEM CAREFULLY.

THESE TERMS CONTAIN A MANDATORY AND BINDING ARBITRATION PROVISION. BY DOWNLOADING, ACCESSING, OR USING THE APP, REGISTERING AN ACCOUNT, PARTICIPATING IN ANY GAME OR CONTEST, RECEIVING OR USING FREE CHIPS OR TOKENS, AND/OR BY PARTICIPATING IN THE PROMOTION IN ANY WAY, YOU AGREE TO BE BOUND BY THIS PROVISION TO THE MAXIMUM EXTENT PERMITTED BY LAW.

NO PURCHASE OR PAYMENT IS REQUIRED TO DOWNLOAD, ACCESS OR USE THE SERVICES OR APP, OR TO ENTER OR WIN THE PROMOTION.

A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCE OF WINNING THE PROMOTION. ALTERNATIVE METHOD OF ENTRY SET FORTH BELOW.

NO ENTRY FEES REQUIRED OR PERMITTED.

THE APP, PROMOTION, GAMES, CONTESTS AND ANY OTHER PROMOTION OR SWEEPSTAKES CONTAINED HEREIN, OR OTHERWISE OFFERED BY FANTASYSPIN, ARE NOT SPONSORED BY, ENDORSED OR AFFILIATED IN ANY WAY WITH APPLE, GOOGLE, OR ANY SPORTS LEAGUE, COMMISSION, OR TEAM.

VOID WHERE PROHIBITED OR RESTRICTED BY LAW, OR WHERE BONDING, REGISTRATION, OR OTHER REQUIREMENTS WOULD BE REQUIRED BUT HAVE NOT BEEN MET, OR WHERE THE METHODS OF ENTRY SET FORTH BELOW WOULD BE DEEMED CONSIDERATION OR TO BE AN ENTRY FEE. ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS APPLY. YOU ARE SOLELY RESPONSIBLE FOR YOUR COMPLIANCE WITH ALL APPLICABLE LAWS.

  1. About these Terms
    1. These Terms apply to your access and use of the website, found at https://www.fantasyspin.com and all of its sub-domains, as well as your download, access and/or use of the App and all Games accessible through or otherwise associated with any of the foregoing, all of which is maintained by FantasySpin Games LLC (“FantasySpin”, “we”, “us” and “our”), a Massachusetts limited liability company, located at 25 Braintree Hill Office Park, Suite LL06, Braintree, MA 02184. These Terms also apply to any of our other services that we may provide in relation to our App, website or the Games, such as customer support, sweepstakes, contests and/or promotion (including the Promotion), social media and community channels (we refer to all of our websites, Games and other services, collectively as the “Services” in these Terms). Capitalized terms not otherwise defined herein shall have the meaning set forth in the Definitions section at the end of these Terms.
    2. These Terms are made available on our website and via any app store or other platform (when available) that you download our games from (such as the Apple App Store, Google Play Store, Amazon App Store, or the Windows Phone Store), You further agree that by accessing and/or using our Services, including by participating in the Promotion, you are agreeing to these Terms and our Privacy Policy.
    3. We reserve the right to update these Terms from time to time and without notice by posting the updated version at that address. We may do so for a number of reasons, including without limitation, because we change the nature of our products or Services, for technical or legal reasons, or because the needs of our business have changed. If you do not agree to these Terms or any future updated version of them then you must not use, and must cease all use of, any and all of our Games or Services, and you must not participate in the Promotion. If any future update to these Terms require a click to accept, then you may not be able to continue to use the Games or Services (including participating in the Promotion) until you have clicked to accept the updated Terms.
    4. The Sponsor is not responsible for printing errors in these Terms or Sponsor’s website. If, due to a production, computing, or printing error or other unforeseen error, there are more Winners than Prizes for any level in connection with the Promotion, the Sponsor reserves the right to award any remaining Prizes for that level through a random drawing of all Winners for that level. No more than the number of Prizes listed herein will be awarded.
  2. About accessing and using our Services, and the Promotion
    1. FantasySpin offers Games where you can compete against other Players to see who can build the best fantasy lineup by spinning a virtual slot machine of athletes to create your fantasy football roster. Subject to these Terms, you may be able to participate in the FantasySpin Challenge Promotion (the “Promotion”) and submit your roster in a Contest to try to win! The Sponsor reserves the right at any time, for any reason and no reason, to immediately and in its sole discretion: (i) deny any Player access to any and all parts of this Services or App, participation in the Promotion and Game (including any Contest); and (2) suspend, terminate, or delete any Player’s Account, which includes canceling any Free Chips or Tokens. The Sponsor also reserves the right to block transmission of, and or remove any User Generated Content, at any time, for any reason, and without prior notice to a Player.
    2. The Promotion and each Contest available through the App are designed to entertain and increase consumer awareness of, and interest in, Sponsors and the App. THE PROMOTION, AND ANY GAMES OR CONTESTS, MAY NOT BE USED FOR ANY FORM OF GAMBLING, BETTING OR WAGERING.
    3. The Promotion is sponsored by FantasySpin, and is in no way sponsored, endorsed or administered by, or associated with, any third party including, without limitation, Apple Inc., Google LLC, Facebook, Instagram, Twitter, any professional sports league or any team in such leagues, including, but not limited to, the MLB, NBA, NFL, NHL or PGA, or any product or service through which videos or advertisements on or through the Services may be played, or their subsidiaries or affiliates.
    4. The Services, App, all Games (including all Contests), and the Promotion are FREE to participate in and play. No purchase or entry fee is necessary or permitted to enter or win. The Promotion is void where methods of entry would be deemed consideration or an entry fee. If you are a wireless service subscriber and have a smartphone, tablet or other wireless device that allows you to access the Promotion, you may participate in the Promotion via any of those devices. If you decide to access the Promotion via any such wireless device, you may be charged data rates according to the terms and conditions of your service agreement with your wireless carrier. Each wireless carrier’s rate plan may vary, and participants should contact their wireless carrier for information on rate plans and charges relating to participation in the Promotion.
    5. The specific game rules, scoring rules, controls and guidelines for each Game can be found within the Game itself. Such rules, scoring rules, controls and guidelines form part of these Terms and you agree that you shall comply with them in respect of each individual Game which you choose to access and/or play.
    6. FantasySpin may offer items and/or services for purchase through our website, through our App, or through such other channels as FantasySpin may make available from time-to-time in its sole discretion. If FantasySpin offers any item and/or service for purchase, no purchase shall be necessary to enter or win any promotion, contest or sweepstakes, or will increase your chances of winning any promotion, contest or sweepstakes offered by FantasySpin. When you make a purchase through our website or through some other channel controlled by FantasySpin, your payments are processed by third party payment processors, and when you make a purchase through the App or through a third party’s consumer electronic device, your payments are processed by Apple or Google, or the manufacturer of the consumer electronic device (or any of their third party payment processors), as applicable. We accept various forms of payment, as specified at the time of purchase. We do not accept cash or checks. Any payment processor, Apple, Google, or other applicable third party may have their own terms and conditions and you should ensure you are in agreement with these prior to making any payment. If your transaction with any such entity is not successful, then your purchase will not be fulfilled. Upon the completion of a successful payment transaction, we will endeavor to fulfill your order as soon as possible at the point of purchase. If FantasySpin offers any item and/or service for purchase, the charge for such purchase shall be as stated on the applicable platform or channel (e.g., our website or App, or through such other channels as FantasySpin may make available from time-to-time in its sole discretion), except in the case of obvious error. The charge is inclusive of all sales taxes and other charges.
    7. The Promotion is administered by the Sponsor from Massachusetts and is intended solely for users who are legally permitted residents in Permitted Jurisdictions and are physically located within the Permitted Jurisdictions when registering and accessing an Account, and when participating in the Promotion, Games or any Contest, and when receiving and using Free Chips and Tokens in connection with any Contest. Participation in the Promotion, Games or Contest, or acceptance and use of Free Chips or Tokens, may not be legal for some persons or in some countries outside the United States or certain jurisdictions within the United States. Additionally, if a Player elects to access and use the Services or App, participate in the Promotion, Games or any Contest, or accept and use Free Chips or Tokens from outside of the United States or any such restricted jurisdiction within the United States, Player is in violation of these Terms and does so at Player’s own risk and is solely responsible for complying with all applicable laws.
    8. You are responsible for the Internet connection and/or mobile charges that you may incur for accessing and/or using our Services. You should ask your mobile operator or Internet service provider if you are unsure what these charges will be, before you access and/or use our Services.
  3. Player Account and Eligibility for the Promotion
    1. The Promotion is only open to persons who are Eligible Persons. Void where prohibited.
    2. If a Player does not have an Account, a Player may register for an Account subject to these Terms. There is no fee or charge to register for an Account. Player agrees that Player’s Account is personal to Player, and Player shall not provide any other person with access to Player’s Account or the App using Player’s information, including any username, password or other security information. Player shall only create one Account, and shall not engage in collusion among individuals/Players or syndicate play through any other Account(s). Player shall logout or exit from his/her Account at the end of each session. Sponsor reserves the right, in its sole discretion, at any time, to immediately and without prior notice to Player refuse service, suspend, deactivate, disable, terminate or delete Accounts and all related information and files, including any Free Chips and Tokens relating to the Account, terminate Player’s rights to use or participate in Sponsor’s Services, App, Games, Contests, or the Promotion, remove or edit Content, including User Generated Content, or cancel Free Chips or Tokens.
    3. We have taken commercially reasonable steps and additional control measures to restrict participation in the Promotion to only Eligible Persons. We do not sell products or Services for purchase to minors, or allow minors to win Prizes, obtain Tokens, or redeem Tokens for Rewards. If you believe that a person who does not meet the Age Requirement is participating in the Promotion, please contact us at help@fantasyspin.com.
    4. Sponsor may, at any time and in its sole discretion, request any Player to provide evidence acceptable to the Sponsor that Player is eligible to use the App and/or participate in the Promotion pursuant to these Terms. The failure to be an Eligible Person, or the failure upon request to provide evidence acceptable to the Sponsor that Player is an Eligible Person, may result in a determination by Sponsor, in its sole discretion, that Player is disqualified from entering, participating in any way, or winning and receiving any Prize associated with the Promotion or any Contest, and Sponsor may suspend, deactivate, disable, terminate or delete Player’s Account and all related information and files, including any Free Chips and Tokens relating to the Account, including any Free Chips and Tokens, and/or suspend or bar Player’s right to use or otherwise access the Account and/or the right to use or participate Sponsor’s Services, App, Games, and/or any future contests or promotions.
    5. The following Players are NOT eligible to win any Prize associated with the Promotion, either through their own participation in a Contest or through another person as a proxy: employees, agents or representatives of the Sponsor, the subsidiaries and affiliates of the Sponsor, or employees, agents or representatives of suppliers providing prizes or other materials or services in connection with a Contest, including promotional agencies, promotional partners, and any other entity involved in the development, administration or promotion of the Promotion, professional athletes, sports agents, team employee, referee or a league official associated with any competition which is the subject of a Contest (collectively, the “Excluded Individuals”); immediate family members (parent, child, sibling and spouses of each) of the Excluded Individuals; persons residing in the same households as Excluded Individuals; any other persons with whom the Excluded Individuals reside. By participating in the Promotion in any way, you represent that you are not an Excluded Individual.
    6. You agree that you shall take all steps necessary to protect your log in details and keep them secret. You agree that you shall not give your log in details to anyone else or allow anyone else to use your log in details or account. If you fail to keep your login details secret, or if you share your login details or account with someone else (whether intentionally or unintentionally), you accept full responsibility for the consequences of this (including any unauthorized purchases) and agree to fully compensate us for any losses or harm that may result. We will not be responsible to you or anyone else for any loss that you suffer as a result of an unauthorized person accessing your account and/or using our Services and we accept no responsibility for any losses or harm resulting from its unauthorized use, whether fraudulently or otherwise.
    7. We reserve the right to delete your account if no activity is conducted by you in relation to the account for 180 or more days. In such event, you may no longer be able to access and/or use any Free Chips and/or Tokens associated with that account and no refund will be offered to you in relation to the same.
    8. You understand that if you delete your account, or if we delete your account in accordance with these Terms, you may lose access to any data previously associated with your account (including, without limitation, the level or score you have reached in our Games and any Free Chips or Tokens associated with your account).
    9. YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT THAT YOU CREATE USING ANY OF OUR SERVICES OR ANY FREE CHIPS OR TOKENS ASSOCIATED WITH YOUR ACCOUNT. WE MAY SUSPEND, TERMINATE, MODIFY OR DELETE ANY OF THESE ACCOUNTS AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE TO YOU.
  4. How to enter Promotion
    1. No purchase or payment is necessary to download the App, or participate in any Game, Contest, or the Promotion. Enter the Promotion by completing each of the following steps during the Promotional Period:
      • Download or open the App and either (a) if you already have an Account, log into your existing Account, or (b) if you do not already have an Account, successfully sign up for an Account.
      • For each Daily Promotion Period, you automatically receive Free Chips that may be used towards an entry for Game(s). Player may choose whether to use Free Chips for non-promotional Games that do not award a Prize or, if being offered by Sponsor, Contests. You can log in during the Daily Promotion Period to claim your Free Chips once they are available. Any Contest during a Daily Promotion Period expires at the start of such Contest. Failure to enter a Contest before the start of such Contest shall forfeit any right to any Prize attributed to such Contest.
      • For each Daily Promotion Period, you may use your Free Chips to participate in a Game, or, if offered by the Sponsor, a Contest, by clicking the Game for which you want to submit an entry. Spin the virtual slot machine to fill a roster with players and, if permitted (depending on the Game), lock one or more desirable players before spinning the virtual slot machine again one or more times to replace less desirable players. A purchase or payment will not increase the amount of allowable spins or locks for Contests. Submit your roster before the Contest begins to enter the Contest. You are may not be required to use all spins and locks provided, and may be permitted to submit your roster without using all spins and locks provided.
      • For each Daily Promotion Period, you may be eligible to receive additional Free Chips that may be used towards an Entry in Games by completing one or more Tasks or winning non-Prize Games. Additional Free Chips are FREE and are not available for purchase. You may receive additional Free Chips without completing a Task or without winning non-Prize Games through the Alternative Method of Entry as provided in these Terms.
      • For each Daily Promotion Period, you are limited to a specific number of entries per individual Contest offered by Sponsor (click on an available Contest in the App to see the limit for that particular Contest), but in no event will any individual Contest permit any Player to submit more than ten (10) entries.
      • For each Daily Promotion Period, you may be eligible to win a Prize only in a Contest for which you submit an entry.
      • Participating in the Promotion must be done only as specified in these Terms. Sponsor reserves the right to add, remove, or modify any steps to enter the Promotion. Failure to comply with these steps or the Terms may result, in Sponsor’s sole discretion, among other things, in refusal of service, suspension, deactivation, disabling, termination or deletion your Account and all related information and files, including any Free Chips and Tokens, relating to your Account, termination of your rights to use or participate in Sponsor’s Services, App, Games, Contests, or the Promotion, removal or editing of any Content, including User Generated Content, or forfeiture of any Prize, and cancellation of your Free Chips or Tokens, or taking any other action permitted by law or these Terms.
  5. Alternative method of entry in Promotion
    1. You may obtain additional Free Chips that may be used towards an Entry in a Game without completing a Task or without winning non-Prize Games by mailing a single 3” x 5” paper or postcard (with the complete below information) to the following address: Fantasy Spin Games LLC, Attn: Alternative Method Submission, 25 Braintree Hill Office Park, Suite LL06, Braintree, MA 02184. Each eligible 3” x 5” paper or postcard must include the following printed information: your complete Account username, name, age, street address (no P.O. Boxes) city, state, ZIP code, email address, and day and alternate phone numbers (If you do not have a telephone, indicate “no phone”). Each player must confirm that he/she is 13 years of age or older, by writing the words “I confirm that I am 13 years of age or older” on a 3” x 5” paper. Each 3”x 5” paper submission will be exchangeable for NUMBER (#) Free Chips. Mail-ins are limited to NUMBER (#) Free Chips (cumulatively) per month. Limit one 3”x5” paper per envelope. Illegible or incomplete submissions are void. Sponsor is not responsible for lost, late, damaged, mutilated, misdirected submissions. Free Chips from mail-ins will be processed as received and entered into Sponsor’s computer systems in accordance with its normal processing activities. Processing times for mail-ins may vary depending on processing schedules and are deemed final and binding on you. Sponsor assumes no responsibility for any delays in processing mail-ins.
    2. Misuse or misconduct in connection with the alternative method of entry, may result, in Sponsor’s sole discretion, among other things, in refusal of service, suspension, deactivation, disabling, termination or deletion your Account and all related information and files, including any Free Chips and Tokens, relating to your Account, termination of your rights to use or participate in Sponsor’s Services, App, Games, Contests, or the Promotion, removal or editing of any Content, including User Generated Content, or forfeiture of any Prize, and cancellation of your Free Chips or Tokens, or taking any other action permitted by law or these Terms. Whether misuse or misconduct has occurred shall be determined in Sponsor’s sole discretion. By submitting a mail-in entry, Player confirms the eligibility requirements in these Terms and to submit to these Terms.
  6. How to Play and Scoring
    1. For each Daily Promotion Period, a Player may participate in a Game by, before the start time indicated for the specific Game, creating and submitting a lineup comprised of athletes at multiple roster positions for the professional sport to which the Game. The roster positions for each Game are specified in the Scoring Rules for each sport (https://www.fantasyspin.com). Sponsor reserves the right, in its sole discretion and at any time, to amend the Scoring Rules, including the scoring and point system (the “Scoring System”), and the composition and amount of roster positions, for any Game, including any Contest. Players are solely responsible for referring to the Scoring Rules for any updated Scoring System or roster information each Daily Promotion Period.
    2. The athletes that may be selected to be included in a lineup are from Sponsor’s athlete pool, which consists of athletes expected to be on the active roster of any team scheduled to play in a game that that corresponds to a Game, and projected to score one or more points according to the Scoring System set forth in the Scoring Rules for each sport (https://www.fantasyspin.com) (the “Athlete Pool”). Each athlete listed in the Athlete Pool is assigned a roster position. Sponsor decides, in its sole discretion, the roster position attributable to any athlete. Occasionally, an athlete may be missing from the Athlete Pool due to unforeseen circumstances or, alternatively, a player may be included in the Athlete Pool when that athlete is not on the active roster for the applicable real-world game. In the latter case, or in the case of a cancelled or incomplete game, Sponsor reserves the right, in its sole discretion, to award an athlete’s projected points to any Player who submitted a lineup with such inactive athlete (or with any athlete involved in an incomplete or cancelled game) for the applicable Scoring Period (defined below). While the Athlete Pool and data associated with the Athlete Pool (including, but not limited to, point projections) are periodically adjusted to account for various factors, such as injuries and weather, in some circumstances, the Athlete Pool and data associated with the Athlete Pool (including, but not limited to, roster positions and athlete availability) will not be adjusted. In the event that there is a mistake within the Athlete Pool that would significantly impact game quality, Sponsor reserves the right to correct the mistake at any time, including during any Daily Promotion Period or during any Game or Contest. This may result in valid lineups becoming invalid.
    3. To compete a lineup, Player spins the virtual slot machine, which selects an athlete for each roster position. If a Game is a Quick Pick Contest (meaning that after the initial spin, Entrant is not permitted to use additional spins and/or locks to further edit his/her lineup) Player’s lineup is submitted and finalized once Player presses the “spin” button. If, however, a Game permits Player to lock athletes and/or spin the virtual slot machine again to edit a lineup, Player’s lineup is submitted once Player presses the “spin” button the first time, but Player may edit his/her lineup by using the provided locks and/or spins, and Player’s lineup is finalized once all provided spins are utilized. Player is not required to use all locks and/or spins provided and, if additional spins remain, may finalize his/her lineup by selecting “lock in lineup.”
    4. Any entry that is incomplete or late (i.e., submitted after the start time indicated for the specific Game) is not a valid entry and will be disqualified and, if submitted in connection with a Contest associated with the Promotion, is not eligible to win a Prize. A lineup that is submitted in connection with a Game is only valid for that specific Game. In some cases, a lineup may not be edited after it is submitted, even if additional locks and/or spins remain. Otherwise, all submitted lineups are final and may not be withdrawn unless otherwise provided herein. In the rare event that there is a mistake or issue during a Daily Promotion Period that would significantly impact game quality or the integrity of any Game, including any Contest, Sponsor reserves the right in its sole discretion to correct the mistake or issue after any Game becomes available and during the Daily Promotion Period, and, in such circumstances, Sponsor reserves the right in its sole discretion to provide any Player who already submitted a lineup for any Game with an opportunity to edit his or her lineup or to submit a substituted lineup.
    5. Game results will be determined by the total points accumulated by each individual lineup submitted by each Player or Entrant based on the Scoring System containing in the Scoring Rules for each sport (https://www.fantasyspin.com). The Scoring System is based, in part, on the individual performance of multiple professional athletes in professional games that start during a Daily Promotion Period (the “Scoring Period”). For the sake of clarity, if the first NBA game for a Game starts on Monday at 7:00 PM EST and the last NBA game for that day ends at Tuesday at 12:01 AM EST, the Scoring Period runs from the beginning of the first NBA game at 7:00 PM EST until the end of the last NBA game at 12:01 AM EST. In the event any professional game is canceled, postponed, incomplete, suspended or rescheduled, Sponsor reserves the right, in its sole discretion, to remove the professional game (or a portion of the professional game) from the Scoring Period so that points may not be accrued from that professional game (or from a portion of that professional game). Sponsor also reserves the right, in its sole discretion, to award an athlete’s projected points (or a portion of projected points) to any Player who submitted a lineup with any athlete involved in a canceled, postponed, incomplete, suspended or rescheduled professional game for the applicable Scoring Period. Sponsor reserves the right, in its sole discretion, to amend the Scoring Rules, including the Scoring System and composition and amount of roster positions for any Game, at any time. Each Daily Promotion Period, Entrants should refer to the Scoring Rules for any updated Scoring System or roster information for each sport (https://www.fantasyspin.com).
    6. All data, information, statistics, and related information used for the Scoring Rules and Athlete Pool are unofficial. Neither Sponsor nor any third party provider or affiliate warrants or makes any representations of any kind with respect to such information. Sponsor and its third party providers and affiliates shall not be responsible or liable for the accuracy, usefulness, or availability of such information and shall not be responsible or liable for any error or omissions in that information. In the event such information is deemed inaccurate or incorrect and affects, or has an impact on, the Scoring Rules, the Scoring System, the Athlete Pool, the Scoring Period, and/or a Daily Promotion Period, including the results of any Game (including any Contest), Sponsor fully reserves the right, in its sole discretion, to nevertheless continue with any such Daily Promotion Period, and any Game held during the Daily Promotion Period (whether or not the Game is a Contest held in connection with the Promotion), “as-is” (and not cancel, suspend, terminate or modify, the Scoring Rules, the Scoring Period, and/or any Game, including any Game’s results) or, alternatively, may cancel, suspend, terminate or modify, the Scoring System, the Scoring Period, the Daily Promotion Period, and any Game held during the Daily Promotion Period (including any Game’s results), and the Sponsor shall be fully and completely released and discharged from any liability or responsibility in this regard.
    7. To the extent Sponsor or any third party provides “live” statistics and point calculations, or information or news relating to professional athletes or games, on the App or elsewhere, for any Game, all such live statistics and information are unofficial.Live sports statistics and their respective components, and any information or news relating to any professional athlete or game, are offered for informational and/or entertainment purposes only and are not used to determine the results of any Game or the Daily Promotion Period. Neither Sponsor nor any third party provider or affiliate warrants or makes any representations of any kind with respect to the information provided through live statistics and related information sources on the App or elsewhere. Sponsor and its third party providers and affiliates shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available via the Services or App or elsewhere, and shall not be responsible or liable for any error or omissions in that information.
    8. Sponsor may cancel any Game, or withhold Free Chips in connection with any Game, for any reason at any time. Sponsor may, in its sole discretion, refuse service, suspend, deactivate, disable, terminate or delete your Account and all related information and files, including any Free Chips and Tokens, relating to your Account, terminate your rights to use or participate in Sponsor’s Services, App, Games, Contests, or the Promotion, remove or edit any User Generated Content, including User Generated Content, or cancel your Free Chips or Tokens, or take any other action permitted by law or these Terms, in the event you, in Sponsor’s sole determination, are found or suspected to have engaged in any prohibited act or omission in these Terms (even if such prohibited act or omission is referenced herein in connection with a Contest or the Promotion but your suspected prohibited act or omission took place in connection with a non-promotional Game).
    9. The Sponsor fully reserves the right, in its sole discretion, to cancel, suspend, terminate or modify the Promotion or any Daily Promotion Period, or Game (including any Contest), or to disqualify participants residing in affected or applicable geographic areas, if the Promotion or such Daily Promotion Period is challenged by any legal or regulatory authority. The Sponsor fully reserves the right, in its sole discretion, to cancel or withhold any Prize, or to otherwise cancel, suspend, terminate or modify the Promotion or any Daily Promotion Period or Game (including any Contest) that is not capable of being completed as planned, including due to computer, network, or other technical error, infection by computer viruses or bugs, tampering, unauthorized intervention, evidence of cheating, force majeure or technical failures of any sort beyond the reasonable control of the Sponsor, which corrupts or impairs the administration, security, fairness, integrity, or proper play of this Promotion or Daily Promotion Period or Game (including any Contest).
  7. Winner Selection
    1. For each Contest held during a Daily Promotion Period, there will be one or more Potential Winners (a “Potential Winner”). The amount of Potential Winners depends on the format of the Contest. For each Contest offered by Sponsor during a Daily Promotion Period, Sponsor will provide the amount of Potential Winners, the Prize, and the ARV of each Prize. For all currently available Contests, including all information regarding Potential Winners and Prizes associated with such Contests, visit the App and tap "My Tournaments Entered" to view information on all tournaments you have entered.
    2. The Sponsor will notify Potential Winners through the App that they are Potential Winners after the conclusion of any Contest. The Sponsor may, in its discretion, also notify and/or contact the Potential Winner in telephone, in writing, or via email for any reason. In the event the Sponsor is unable to contact or notify a Potential Winner, as determined in the Sponsor’s sole discretion, such Potential Winner’s Prize, if Potential Winner is otherwise eligible for such Prize, will be forfeited, and the Sponsor shall be fully and completely released and discharged from any liability or responsibility in this regard.
    3. By entering into any Contest, Player confirms compliance with these Terms, including eligibility requirements, and to accept the releases of liability and publicity in these Terms, accept any Prize as awarded, agree to maintain confidentiality until Winners are announced by the Sponsor, and release certain parties from any losses, liabilities, damages or claims arising from or related to any Prize awarded and/or the Promotion and Contest as set forth in these Terms. The foregoing shall not in any way limit any other term, condition, or requirement in these Terms.
    4. Potential Winners may, if applicable and in Sponsor’s sole discretion, be required (a) to submit evidence acceptable to the Sponsor that the Potential Winner meets all eligibility requirements set forth in these Terms, (b) to accept a Claim Form, and (c) to submit any required payment information and tax forms within twenty-four (24) hours, or the Prize may be forfeited (the “Submission Deadline”). All completed Claim Forms, if required by Sponsor, become the property of the Sponsor and may be verified by the Sponsor. In order to claim a Prize or to redeem Tokens, Sponsor may require Potential Winner to submit required payment information and tax forms, and accept the Claim Form, which includes representations of eligibility, compliance and release of liability and publicity release, all of which each Potential Winner is already bound by participating in this Promotion. If Sponsor requires Potential Winner to accept a claim form or submit any required payment information and tax forms, and Potential Winner fails to do so by the Submission Deadline, Sponsor reserves the right to disqualify the Potential Winner from receiving the Prize, and the Sponsor shall be fully and completely released and discharged from any liability or responsibility in this regard. If the Potential Winner is disqualified for these or any other reason, including breach or violation of any term or condition of these Terms, or declines the Prize, Sponsor may, in its sole discretion, select another Potential Winner from the eligible Entries with the next highest score based on the Scoring Rules.
    5. The Sponsor fully reserves the right, in its sole discretion, to cancel any Contest, and cancel or withhold any Prize for, among other reasons, computer, network, or other technical error, infection by computer viruses or bugs, tampering, unauthorized intervention, evidence of cheating, force majeure or other technical failures of any sort that corrupts or impairs the administration, security, fairness, integrity, or proper use of the App or play of this Promotion or any Daily Promotion Period, Game or Contest. Players trying to extort Prizes or money by digitally manipulating images, making false win claims, or threatening to write a bad review unless rewarded may, at Sponsor’s sole discretion, be disqualified from entering, participating in any way, or winning and receiving any Prize associated with the Promotion or any Contest, and Sponsor may suspend, deactivate, disable, terminate or delete Player’s Account and all related information and files, including any Free Chips and Tokens, relating to the Account and/or suspend or bar Player’s right to use or otherwise access the Account and/or the right to use or participate Sponsor’s Services, App, Games, and/or any future contests or promotions.
    6. Sponsor fully reserves the right, in its sole discretion, to disqualify the Potential Winner, or take any other action permitted by law or these rules associated with a violation of these Terms, at any time, even after acceptance of a Claim Form (if required by Sponsor), if Sponsor determines that any portion of the Promotion, Daily Promotion Period, Contest, or Prize is or might be prohibited or restricted by law in the jurisdiction where the Potential Winner resides or is located, or where bonding, registration, or any other requirements by said jurisdiction might be or are required but have not been met, or where the methods of entry set forth in the Terms could or would be deemed consideration or an entry fee by said jurisdiction. Without limitation of any other term, condition, or requirement herein, Player agrees to hold Sponsor harmless and waive any and all claims if Sponsor makes such a determination. Sponsor may disqualify any Player, or take any other action permitted by law or these Terms associated with a violation of these Terms, at any time, if it determines a Player has misrepresented where he/she resides or is physically located when accessing the App or participating in any Contest or the Promotion. Player represents that he/she understands the Promotion, any Contest held during a Daily Promotion Period, and/or Prize to be legal and permissible under the law where the Player resides. Without limitation of any other term, condition, or requirement herein, a Player agrees to hold Sponsor harmless and waive any and all claims in the event that any government entity or official in the jurisdiction where the Player resides or is located determines otherwise. Players may be required to enable their location services in the settings feature of the mobile device to participate in Contests and receive jurisdiction-appropriate Prizes.
  8. Prizes
    1. Each Potential Winner of a Contest that is an Eligible Entrant and completes a Claim form (if required by Sponsor) as required above (a “Winner”) will receive a one-time Prize. The Prize to be awarded depend on the format of the Game. For all currently available Game types, Prizes, and the ARV for each Prize during the current Daily Promotion Period, visit the [COMING SOON] section of the App or visit [COMING SOON]. For any Contest in which the Prize is Tokens, Tokens have no ARV and are only exchangeable, in Sponsor’s sole discretion, for Rewards subject to these Terms. For more information about the redemption of Tokens, please visit Sponsor’s Reward supplier’s FAQ [COMING SOON], and for a list of Rewards that may be offered, please visit Sponsor’s Reward supplier at [COMING SOON].
    2. Odds of winning will depend on the total number of Eligible Entrants participating, the number of entries by each Eligible Entrant, the skill of those Eligible Entrants in playing FantasySpin, and each Eligible Entrant’s compliance with these Terms. Contests offered in the Promotion are contests of skill. Winners are determined by the objective criteria described in these Terms and any other applicable documentation or information associated with each Contest held during a Daily Promotion Period. From all entries received for each Contest, winners are determined by the individuals who use their skill and knowledge of relevant sports information and fantasy sports rules to accumulate the most points according to the corresponding Scoring Rules.
    3. Limit one (1) Prize per entry, per Contest. Sponsor reserves the right, in its sole discretion, to limit the amount of Tokens that a Player may accumulate in his or her Account. The number of Rewards exchangeable from Tokens during each Daily Promotion period varies but in no event shall a Player obtain Rewards that exceed a maximum approximate retail value of $1,000 in a given day.
    4. If there is a tie in any Contest for any Prize, the Prize(s) will be combined accordingly and split among tied Eligible Entrants. By way of example only, if a given Contest allows for 5 Potential Winners (with first place receiving 5 Tokens, second place receiving 4 Tokens, third place receiving 3 Tokens, fourth place receiving 2 Tokens, and fifth place receiving 1 Token), and the total points for the top five Potential Winners are 100, 100, 100, 50, and 50, the three Winners who scored 100 would receive 4 Tokens each, and the Winners who scored 50 would receive 2 Tokens each (if necessary, the amount of Tokens will be “rounded up” to equally distribute the Prize amongst those who tied).
    5. Each Prize is awarded “as is” with no warranty or guarantee, either express or implied by the Sponsor. The Winner may not substitute, assign or transfer the Prize, but Sponsor reserves the right, at its sole discretion, to substitute a Prize (or portion thereof) with one of comparable or greater value. Tokens have no market value and may not be assigned, transferred, or used in any way not permitted by these Terms or applicable law. Winner is responsible for all applicable federal, state, local and other tax liabilities, including but not limited to, sales and use taxes, excise taxes, income and withholding taxes, customs duties, fees and like amounts in connection with any virtual currency, Prize, and/or any Reward(s), including where the aggregate Rewards’ value exceeds $600.00 in any calendar year. The Sponsor is not responsible for any such taxes or expenses. An IRS Form 1099 may be submitted to all appropriate taxing authorities, and Winner must provide any required payment information and tax forms to Sponsor or Sponsor’s Reward supplier, as necessary or requested. Players agree that if a Winner is found to have breached these Terms, or otherwise does not meet the eligibility criteria, such Prize will be forfeited and, in Sponsor’s sole discretion, may be awarded to an alternate Winner. Without limiting the foregoing or any other term, condition, or requirement herein, Sponsor fully reserves the right, in its sole discretion, to cancel or withhold any Prize from any Player who has created multiple Accounts in order to submit multiple entries in a Daily Promotion Period or Contest or engaged in collusion among individuals/Players or syndicate play, or who has otherwise cheated, or violated or avoided Game or Contest rules to gain a competitive advantage. Sponsor is solely responsible for providing the Prize. Sponsor does not supply Rewards, and offers no warranty or guarantee in connection with any Rewards, which may be subject to further restrictions and terms and conditions of Sponsor’s Reward’s supplier and other third parties.
    6. If a Player wins Tokens, the Player will have up to eighteen (18) months from the date of receipt of such Tokens to use such Tokens as provided in, and subject to, these Terms. If Sponsor offers Rewards, Players will have up to ninety (90) days from the date of the end or termination of the Promotion, or the announcement of the termination of the Promotion, whichever is earlier, to use any remaining Tokens, and use of any remaining Tokens will be on a first come, first serve basis and otherwise subject to the availability of Rewards, and subject to other restrictions and terms and conditions of Sponsor’s Rewards supplier and other third parties. PLAYERS MAY NOT RELY ON CONTINUED REWARDS AND PROMOTION AVAILABILITY. Sponsor makes no representation or warranty about availability, nature, quality, number, type or value of features of any third-party good or services that may be accessible through the use of Tokens through Sponsor’s Reward supplier at any time, including any Rewards that may be available after the end or termination of the Promotion (or the announcement of the same), and many Rewards that may have been available prior to the end or termination of the Promotion (or the announcement of the same) will quickly become depleted or otherwise unavailable. Any Tokens remaining in a Player’s Account at the time of termination will be forfeited and no compensation will be provided.
    7. In some Games, including non-Prize/non-promotional Games, winners may win additional Free Chips. In order to balance the Free Chip ecosystem and maintain competitive Games, Sponsor may remove a percentage of the Free Chips from the ecosystem before distributing Free Chips to winners.
    8. The in App leaderboard with each Winner’s username and Prize will be posted on the App and accessible to other Players.
    9. Account information that contain errors or are incomplete will be disregarded and may result in Winners forfeiting their Prize. Sponsor reserves the right to void all Free Chips, Tokens, Prizes, entries and Game play made through any robotic, automatic, mechanical, programmed, similar entry duplication method or any other suspicious activity or technical issues with the App as determined in Sponsor’s sole discretion. The Sponsor will be the sole judge of which Free Chips, Tokens and Game play are valid and its decision is final and binding.
  9. User conduct and content
    1. You covenant and agree that all the information you provide to us on accessing and/or using our Services is and shall remain true, accurate and complete at all times.
    2. You agree not to upload, communicate, transmit or otherwise make available any User Generated Content:
      • that is or could reasonably be viewed as unlawful, harmful, harassing, defamatory, libelous, obscene or otherwise objectionable;
      • that is or could reasonably be viewed as invasive of another’s privacy;
      • that is likely to, or could reasonably be viewed as likely to incite violence or racial or ethnic hatred;
      • which you do not have a right to make available lawfully (such as inside information, information which belongs to someone else or confidential information);
      • which infringes any intellectual property right or other proprietary right of others;
      • which consists of any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’ or any other form of solicitation; or
      • which contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
    3. You agree that you will not:
      • use our Services to harm anyone or to cause offense to or harass any person;
      • create more than one Account per platform to access our Services;
      • provide any other person with access to your Account or the App using your information, including your username, password, or other security information;
      • use another person or entity’s email address in order to sign up to use our Services;
      • use our Services for fraudulent or abusive purposes (including, without limitation, by using our Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or our Services);
      • disguise, anonymous or hide your IP address or the source of any User Generated Content that you may upload;
      • use our Services for any commercial or business purpose or for the benefit of any third party or to send unsolicited communications;
      • remove or amend any proprietary notices or other ownership information from our Games or any other part of our Services;
      • interfere with or disrupt our Services or servers or networks that provide our Services;
      • attempt to decompile, reverse engineer, disassemble or hack any of our Services, or to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed or stored by us;
      • ‘harvest’, ‘scrape’ or collect any information about or regarding other people that use our Services, including, but not limited to any personal data or information (including by uploading anything that collects information including but not limited to ‘pixel tags’ cookies, graphics interchange formats (‘gifs’) or similar items that are sometimes also referred to as ‘spyware’ or ‘pcms’ (passive collection mechanisms));
      • sell, transfer or try to sell or transfer an Account with us or any part of an Account including any Free Chips or Tokens;
      • disrupt the normal flow of a Game or otherwise act in a manner that is likely to negatively affect other players’ ability to compete fairly when playing our Games or engaging in real time exchanges;
      • disobey any requirements or regulations of any network connected to our Services;
      • use our Services in violation of any applicable law or regulation;
      • use or make available any cheats or technological measures designed to control access to, or elements of, our Services, including providing access to any Free Chips and/or Tokens;
      • use our Services to cheat or design or assist in cheating (for example, by using automated means or third party software to play), or to otherwise circumvent technological measures designed to control access to, or elements of, our Services, or to do anything else that a reasonable person is likely to believe is not within the spirit of fair play or these Terms; or
      • use our Services in any other way not permitted by these Terms.

    4. If you are concerned that someone else is not complying with any part of these Terms, please contact us here: reportabuse@fantasyspin.com.


    5. We do not control User Generated Content posted on our Services by other people and therefore we do not guarantee the accuracy, integrity or quality of that User Generated Content. You understand that when using our Services, you may be exposed to User Generated Content that you may consider offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any User Generated Content, including, but not limited to, any errors or omissions in any User Generated Content, or any losses or harm of any kind resulting from the use of any User Generated Content posted, emailed, transmitted or otherwise made available via our Services.
    6. We have the right to remove uploaded User Generated Content from our Services if we decide in our sole discretion that it results in or from a breach of any part of these Terms, or that it may bring us or our Services into disrepute. However, you acknowledge that we do not actively monitor User Generated Content that is contributed by people that use our Services and we make no undertaking to do so.
    7. The Service may contain e-mail services, bulletin board services, forums, communities or other message or communication facilities designed to enable you to communicate and interact with other users of the Services (the “Public Areas”). You agree to use the Public Areas only to post, send and receive messages and materials that are proper and, when applicable, related to the particular Public Area. FantasySpin has no obligation to monitor the Public Areas. FantasySpin reserves the right to terminate or suspend your access to any or all of the Public Areas at any time, without notice, for any reason whatsoever. You acknowledge that postings and other communications by users of the Services are not controlled or endorsed by FantasySpin, and such communications shall not be considered reviewed, screened or approved by FantasySpin. Statements made in postings, forums, bulletin boards and other Public Areas reflect only the views of their authors. FantasySpin specifically disclaims any liability with regard to the Public Areas and any actions resulting from your participation in any Public Areas.


      You acknowledge and agree that your communications with other users of the Services via the Public Area or otherwise is public and not private communications, and that you have no expectation of privacy concerning your use of the Public Areas. You acknowledge that personal information that you communicate on the Public Areas may be seen and used by others and result in unsolicited communications; therefore, WE STRONGLY ENCOURAGE YOU NOT TO DISCLOSE ANY PERSONAL INFORMATION ABOUT YOURSELF THROUGH THE PUBLIC AREAS. We are not responsible for information that you choose to communicate to other users of the Services via the Public Areas, or for the actions of other users of the Services.

  10. Playing our Games with other users
    1. Some of our Games allow you to play against an opponent or to play socially with other users. You may be able to:
      • choose to play against another user or to play socially with another user whom FantasySpin Games selects for you, or
      • play against, or play socially with, one of your contacts on a platform or social network, which you have allowed our Games to interact with.

      • Some of our Games may also allow you to search for your friends (for example, by email address) in order to find them to play against or play socially with. We may also display the display names of your past opponents so that you can easily find them to play again.

    2. Where FantasySpin Games selects another user for you, we may either select at random or use such criteria as we see fit to select your opponent (for example, your past scores, your location or level you have reached in the Game).
    3. By accessing and/or playing those of our Games which allow you to play against an opponent or to play socially with others, you agree to your display name, scores, and other related details being displayed to other users. You also understand and agree that other users may find you by searching for you with your email address. Please note that we may show your display name or email address to another user order for them to search for you.
  11. Your breach of these Terms
    1. We reserve the right to suspend or terminate your access to our Services immediately without notice (including by prohibiting your further participation in the Promotion and deleting your Account) if we reasonably believe that you are in breach of these Terms (including by repeated minor breaches).
  12. Disclaimers: Availability of the Services
    1. THE SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE” AND WITH ALL FAULTS AND WITHOUT ANY WARRANTIES OF ANY KIND. FANTASYSPIN DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF ACCURACY, MERCHANTABILITY, NON-INFRINGEMENT, TITLE, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE.
    2. FANTASYSPIN DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF THE INTERNET, COMPUTER SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, MOBILE DEVICES, SOFTWARE OR FAILURE OF EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET, INCLUDING INJURY OR DAMAGE TO ANY COMPUTER OR MOBILE DEVICE RELATED TO OR RESULTING FROM THE WEBSITE.
    3. We do not guarantee that our App or any of our Services, including the Promotion, will be available or error-free at all times or at any given time or that we will continue to offer all or any of our Services for any particular length of time. We may change and update our Services without notice to you. We make no warranty or representation regarding the availability of our Services and reserve the right to modify or discontinue the Services in our sole discretion without notice, including for example, ceasing a Game or other Service, including the Promotion, for economic reasons due to a limited number of users continuing to make use of that Game or other Service over time, for technical reasons (such as technical difficulties experienced by us or on the internet) or to allow us to improve user experience. NOTWITHSTANDING ANYTHING TO THE CONTRARY, YOU ACKNOWLEDGE AND AGREE THAT ANY OR ALL OF OUR SERVICES MAY BE TERMINATED IN WHOLE OR IN PART AT OUR SOLE DISCRETION WITHOUT NOTICE TO YOU. YOU ASSUME ANY AND ALL RISK OF LOSS ASSOCIATED WITH THE TERMINATION OF OUR SERVICES.
    4. FantasySpin shall not be in default or otherwise liable for any delay in or failure of its performance under these Terms where such delay or failure arises by reason of any Act of God, epidemic, pandemic, endemic, infectious diseases, any government or any governmental body, war, insurrection, acts of terrorism, the elements, strikes or labor disputes, or other similar or dissimilar causes beyond FantasySpin’s control. Additionally, without limitation, FantasySpin is not responsible for, among other things, any (a) lost, damaged, malfunctioned, incorrect, late, or delayed entries in any Game or Contest, or Claim Form submission; (b) telephone, computer, hardware, software, programming or network malfunction or other technical failures or errors, or the failure to properly process Free Chips, Tokens or Game play; (c) communication disruption or other forces beyond the reasonable control of the Sponsor, including but not limited to disruption related to internet traffic, wireless networks, virus, bug or non-authorized intervention; or (d) damage caused by computer or mobile device related virus or otherwise resulting to any computer or cell phone from such Player’s use of the Services or App whether human, mechanical or electronic. If any malfunction, error, disruption or similar damage occurs and impairs the administration, security, fairness, integrity or proper play of the Games (including any Contest) or the Promotion, irrespective of cause, the Sponsor may, in its sole discretion, reserve the right to terminate, cancel, suspend and/or modify the Game (including any Contest) or the Promotion, or the awarding of Prizes by posting a notice on the App. Players or persons found tampering with or abusing any aspect of the Services, App, the Game, or Free Chips or Tokens systems, or who the Sponsor believes to be causing malfunction, error, disruption, or damage will be disqualified and permanently banned from the Services and App and from any further participation in any Game or Contest, and Sponsor may suspend, deactivate, disable, terminate or delete Player’s Account and all related information and files, including any Free Chips and Tokens, relating to the Account and any related Account.
  13. Limitation of Liability and Release
    1. To the full extent permitted by law, you agree to release and hold harmless Apple, Google, Facebook, Instagram, Twitter, all professional sports leagues, including but not limited to the MLB, NBA, NFL, NHL or PGA, and all teams in such leagues, and the Sponsor, as well as all of the forgoing entities’ and persons’ subsidiaries, affiliates, franchisees, sublicensees, affiliated merchants, suppliers, promotional partners, advertising and promotional agencies, and agents or representatives, including without limitation all directors officers, agents, and employees (collectively, the “Released Parties”) from any and all claims, liabilities, losses or damages whatsoever arising from use or in connection with the use of our Services, including any sweepstakes, contest and/or promotion (including the Promotion), Game (including any Contest), or the awarding, receipt, acceptance, possession and/or use or misuse of any Prize, Tokens, or Free Chips, and you further acknowledge that none of the Released Parties have made or are responsible or liable for any warranty, representation or guarantee concerning the Services.
    2. Without limiting the foregoing in any way, The Release Parties are not responsible for, and you hereby waive all rights to claim for, any of the following, whether or not the circumstances giving rise to such act, omission, or cause may have been caused by, foreseeable by, or within the control of any of the Released Parties: (a) incomplete, mutilated, altered, reproduced, inadequate, forged, counterfeited or irregular entries (which the Sponsor may determine are void); (b) lost, late, delayed, illegible, inaudible, stolen, damaged, corrupted, altered, destroyed, forged, counterfeited, inadequate, mutilated, misdirected, illegal, or incomplete data, entries, Free Chips, Tokens, Rewards, Claim Forms, User Generated Content, or Prize claims or redemptions; (c) lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, App or other connections, availability or accessibility or miscommunications or failed computer, router, modem, satellite, telephone or cable transmissions, lines or technical failure or jumbled, scrambled, delayed or misdirected transmissions or computer hardware or software typographical, mechanical, telephonic, electronic or network relating to or in connection with the App, this Promotion or any Daily Promotion Period or Game (including any Contest), including, without limitation, errors which may occur in connection with the App or the administration of the Promotion or any Daily Promotion Period or Game (including any Contest), the processing of entries or rosters, the announcement of Prizes or in any Promotion-related materials, and the processing or composition of the Athlete Pool, which may result in the loss of Free Chips or Tokens or Rewards, or the receipt of or use of Free Chips or Tokens or Rewards; or (d) any incorrect or inaccurate information, whether caused by App users or any third party, tampering, cheating, hacking or by any equipment, programming or software associated with or utilized in the Promotion or in any Daily Promotion Period or Game (including any Contest).
    3. To the full extent permitted by law, whether or not you complete a Claim Form, you consent to the use of your username, name, image, voice, likeness, city and state of residence and/or photographs without compensation in any publicity or advertising carried out in any medium worldwide by the Sponsor and/or its promotional partners, advertising or promotional agencies or sublicensees without limitation or further notification, and without providing compensation or intellectual property rights to the you, except where prohibited. Sponsor may utilize any entry in any Game (including any Contest) for promotional purposes, advertising and other promotional tools in perpetuity without compensation of any kind to you, any Player or any Entrant.
    4. FANTASYSPIN SHALL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE, OR MALFUNCTION OF THE GAMES OR ANY OF OUR OTHER SERVICES (INCLUDING THE PROMOTION), INCLUDING DAMAGES TO PROPERTY, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. IN NO EVENT SHALL OUR LIABILITY EXCEED THE ACTUAL PRICE PAID BY YOU (IF ANY) FOR THE LICENSE TO USE FREE CHIPS OR TOKENS OR ANY OTHER PART OF OUR GAMES OR SERVICES. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF DAMAGES, SO THE ABOVE LIMITATIONS AND/OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION.
  14. Intellectual Properties
    1. You acknowledge that all copyright, trademarks, trade dress and other intellectual property rights in and relating to our App and Services (other than User Generated Content which is contributed and owned by players) is owned by us or licensed to us.
    2. Subject to your compliance with these Terms, we grant you a non-exclusive, non-transferable, personal, revocable limited license to access and/or use our Services (but not any related object and source code) for your own personal private use, in each case provided that such use is in accordance with these Terms. You agree not to use our Services for anything else. These Terms also apply to any update or patches, which we may release or make available for any of the Services and any such update or patch shall be deemed part of the Services for the purposes of these Terms.
    3. YOU ACKNOWLEDGE AND AGREE THAT, OTHER THAN LICENSE GRANTED TO YOU BY THESE TERMS, YOU SHALL HAVE NO OWNERSHIP OR PROPERTY INTEREST IN OUR APP OR ANY OF OUR SERVICES, INCLUDING WITHOUT LIMITATION ONLINE ACCOUNTS, ANY FREE CHIPS OR TOKENS.
    4. By submitting User Generated Content via our Services you:
      • are representing that you are fully entitled to do so;
      • grant us and our group companies a worldwide, irrevocable, unlimited, perpetual, royalty-free, transferable fully-paid right and license to use, exploit, copy, transmit, publish, display, store, create derivate works from and sub-license the User Generated Content in any media now known or hereafter devised;
      • acknowledge that you may have what are known as “moral rights” in the User Generated Content, for example the right to be named as the creator of your entry and the right not to have work subjected to derogatory treatment. You agree to waive any such moral rights you may have in the User Generated Content; and
      • agree that we have no obligation to monitor or protect your rights in any User Generated Content that you may submit to us, but you do give us the right to enforce your rights in that User Generated Content if we want to, including but not limited to taking legal action (at our cost) on your behalf.
    5. You must not copy, distribute, make available to the public or create any derivative work from any User Generated Content belonging to any other user of our Services. If you believe that someone else has infringed your intellectual property rights over the Internet, you may contact us by emailing the following information to ip-notice@fantasyspin.com:
      • a description of the intellectual property rights and an explanation as to how they have been infringed;
      • a description of where the infringing material is located;
      • your address, phone number and email address;
      • a statement by you, made under penalty of perjury, that (i) you have a good-faith belief that the disputed use of material in which you own intellectual property rights is not authorized, and (ii) the information that you are providing is accurate, correct, and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
      • a physical or electronic signature of the person authorized to act on behalf of the owner of the exclusive right that has allegedly been infringed.
  15. Indemnification
    1. You agree to indemnify, defend and hold harmless the Sponsor and Released Parties from and against all losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from (a) your provision of User Generated Content, (b) your negligence or misconduct in connection with your participation in the Promotion or any Game or Contest, or use or misuse of the Services or App, (c) your use or misuse of Free Chips or Tokens, and (d) your breach of the terms of these Terms (including infringement of third parties’ worldwide intellectual property rights or negligent or wrongful conduct) or a breach by any other person accessing the Services or App using your Account.
  16. User Representations and Compliance with applicable laws
    1. You represent and warrant that you meet the definition of a Player and, if you participate in the Promotion in any way, are an Eligible Person, and that you possess the legal right and ability to enter into these Terms, and participate in the Promotion in accordance with these Terms. Each Player agrees to be responsible for his/her use of the App (as well as for use of his/her Account by others, whether authorized or unauthorized) and to comply with his responsibilities and obligations as stated in these Terms. Player represents and warrants to Sponsor that all information supplied to Sponsor is complete, accurate and current, and agrees that knowingly submitting incomplete or inaccurate information, or failing to update and maintain current, complete and accurate information, may result, in Sponsor’s sole discretion, among other things, in refusal of service, suspension, deactivation, disabling, termination or deletion Player’s Account and all related information and files, including any Free Chips and Tokens, relating to Player’s Account, termination of Player’s rights to use or participate in Sponsor’s Services, App, Games, Contests, or the Promotion, removal or editing of any Content, including User Generated Content, or forfeiture of any Prize, and cancellation of Player’s Free Chips or Tokens, or taking any other action permitted by law or these Terms.
    2. You represent compliance with all applicable laws. You further acknowledge that certain jurisdictions’ rules, regulations and laws addressing promotions, sweepstakes, contests, and tournaments with entry fees and/or prizes, including fantasy sports laws, may apply to participation in the Promotion and Contests (“Gaming Laws”), and that Gaming Laws are established by each individual state, country, territory, or jurisdiction. Sponsor DOES NOT offer the Promotion or any Game (including any Contest) to Players participating in any state or jurisdiction in which the Promotion or any Contest may violate Gaming Laws or any other applicable laws, including, without limitation, U.S. and state securities laws, and U.S. and state laws governing money services businesses and/or money transmission services (each such jurisdiction, a “Prohibited Jurisdiction”), and if you are located in any Prohibited Jurisdiction, you may not participate in the Promotion or any such Contest. It is your responsibility to determine whether the state or jurisdiction in which you are located is a Prohibited Jurisdiction. Sponsor reserves the right (but has no obligation) to monitor the location from which you access your Account and/or participate in the Promotion or any Contest, and Sponsor may block access from any Prohibited Jurisdiction. Each time you participate in the Promotion or a Game (including any Contest), you represent that you are not participating from a Prohibited Jurisdiction. You are solely responsible for compliance with all applicable laws. Access to an Account and/or participation in any aspect of the Promotion may not be legal for some or all residents of, or persons present in, certain jurisdictions. PARTICIPATION IN ANY ASPECT OF THE PROMOTION, INCLUDING, BUT NOT LIMITED TO, RECEIPT OF FREE CHIPS OR TOKENS AND/OR REDEMPTION OF TOKENS, IS VOID WHERE PROHIBITED OR RESTRICTED BY APPLICABLE LAWS. Without limiting the generality of anything else herein, Player’s participation in the Promotion is at Player’s own risk, and Player agrees not to hold Sponsor responsible or liable if applicable laws restrict or prohibit Player’s access or participation.
  17. Free Chips and Tokens
    1. Free Chips and Tokens are not real money, and do not have monetary value. FREE CHIPS AND TOKENS ARE NOT AVAILABLE FOR PURCHASE. Players can use Free Chips to enter a Game (including a Contest associated with a Daily Promotion Period), subject to these Terms. Subject to these Terms, Players may have an opportunity to win Tokens by participating in a Contest. Tokens can, in sole our discretion, be exchanged for Rewards from Sponsor’s Rewards supplier: [COMING SOON]. You acknowledge that Free Chips and Tokens are not forms of real currency, or currency that is can be exchanged for or converted into real-world currency or monetary value. Free Chips and Tokens cannot be assigned, transferred, auctioned, bartered, brokered, purchased, used to engage in any gambling activity, or sold within the App, Sponsor’s website, or through any secondary market. Any Free Chips or Tokens obtained in this manner by any person or entity will be considered to have been fraudulently obtained and deemed void. Sponsor makes no guarantee as to the availability or supply of Free Chips or Tokens.
    2. Free Chips and Tokens obtained via any Game or Contest, or any other manner, are provided to Players under a limited, personal, revocable, non-transferable, non-sub-licensable license solely to use within the App. Free Chips and Tokens may not be transferred, assigned, auctioned, bartered, brokered, purchased, used to engage in any gambling activity or sold in any manner, including, without limitation, by means of any direct sale or auction service, or in or through any secondary market. Any Free Chips or Tokens obtained in this manner by any person or entity will be considered to have been fraudulently obtained and deemed void.
    3. Players have no property interest, ownership, right or title in or to any Free Chips or Tokens. Any Free Chips or Tokens balance shown in an Account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license. Sponsor may, at any time and in its sole discretion, cancel, expire, or delete free or promotional Free Chips or Tokens given to Players. Players agree that, under no circumstances, is Sponsor liable to Player or anyone else for any damages or claims that may arise from the loss or use of Player’s Free Chips or Tokens regardless of the circumstances, and that the limitations of liability and liability and release provisions apply in their entirety. Players absolve Sponsor and the Released Parties of any responsibility to maintain or update their Free Chips and Tokens account. However, if there is a loss of Free Chips or Tokens in any Player’s Account due to technical or operational problems with the Services, Sponsor may, in its sole discretion, replace the lost Free Chips or Tokens, if possible, once the loss has been verified. Without limiting any of the foregoing or any other clause or provision in these Terms, Sponsor’s maximum liability or responsibility to you is to replacement of the lost Free Chips or Tokens, which have no real-world value.
    4. Player must comply with any individual limitations as indicated via the App or Sponsor’s Reward supplier to get a Reward, subject to these Terms. Player may choose a Reward that is still available for which Player have accumulated sufficient Tokens for redemption. The number of Rewards exchangeable from Tokens during each Daily Promotion period varies but in no event shall a Player obtain Rewards that exceed a maximum value of $1,000 in a given day. Players must select the Reward the Player wishes and follow and instructions to complete the exchange process as provided via the App and Sponsor’s Reward supplier. As part of the exchange process, Player may receive a confirmation email or message from Sponsor and/or Sponsor’s Reward supplier, designee, partner, or vendor. Emails or messages will be sent to the email address or other contact information assigned to Player’s Account or to the email address Player provided to Sponsor’s Reward supplier. All acquisitions of Tokens and exchanges for Rewards are final and are subject to these Terms, the restrictions and terms and conditions provided by Sponsor’s Reward supplier, as well as other third parties. Once Free Chips or Tokens have been lost, deleted, expired, or expended, they will be subtracted from Player’s Account and cannot be refunded or returned, except in Sponsor’s sole discretion. Unless directed or decided by Sponsor in its sole discretion, no Tokens will be re-credited to your Account in the event of a return or exchange of a Reward or any problem with any Reward.
    5. When a Player exchanges Tokens for a Reward, the required number of Tokens will be deducted from Player’s Account. Rewards obtained from Sponsor’s Reward supplier are subject to Reward supplier’s restrictions and terms and conditions. Sponsor makes no guarantee as to the nature, quality or value of the features of any third-party Rewards or any Reward provided through Sponsor’s Reward supplier. Rewards may be subject to a separate third-party license or agreement. To the extent permitted by law, Rewards may not be assigned, transferred, auctioned, bartered, brokered, purchased, used to engage in any gambling activity, or sold in or through any secondary market. Sponsor may, in its sole discretion, impose a limit on the number of Rewards in the aggregate or by type that may redeemed per Player, per Account, per day, per Reward, or per any other generally-applicable metric that may be selected by Sponsor from time to time in its sole discretion. Rewards are subject to availability as determined by Sponsor in its sole discretion. Sponsor reserves the right to modify, amend or revise the Rewards available. Sponsor and/or Sponsor’s Reward supplier may substitute Rewards of comparable or greater value if any redeemed Reward is unavailable for any reason. Players may not rely on continued Reward availability. Rewards pictured in promotional materials, the App, Sponsor’s website, Sponsor’s Reward supplier’s website, point-of-sale, online, television and print advertising, promotional packaging, and other materials are for illustrative purposes only. The amount of Tokens required to redeem any Reward may be substantially increased, any Reward may be withdrawn, and restrictions on any Reward or its redemption may be imposed by Sponsor or its designee or Sponsor’s Reward supplier.
    6. Player is responsible for all applicable federal, state, local and other tax liabilities, including but not limited to, sales and use taxes, excise taxes, income and withholding taxes, customs duties, fees and like amounts in connection with any virtual currency, Prize, and/or Reward(s), including where the aggregate Rewards’ value exceeds $600.00 in any calendar year. Sponsor is not responsible for any such taxes or expenses. A Form 1099 may be submitted to all appropriate taxing authorities, and Player may be required to provide any required payment information and tax forms to Sponsor or Sponsor’s Reward supplier, as necessary or requested.
    7. Expiration of Token Balance. If a Player wins Tokens, the Player will have up to eighteen (18) months from the date of receipt of such Tokens to use such Tokens as provided in, and subject to, these Terms. Free Chips and Tokens are not real money, do not have monetary value, and may not be exchanged for anything of monetary value from outside our Reward supplier’s services.
  18. Links
    1. We may link to third party websites or services from our Services, or include third party video or advertisements in the App or through our Services. You understand that we make no promises regarding any content, goods or services provided by such third parties and we do not endorse the same. We are also not responsible to you in relation to any losses or harm caused by such third parties. Any charges you incur in relation to those third parties are your responsibility. You understand that when you provide data to such third parties you are providing it in accordance with their privacy policy (if any) and our own Privacy Policy does not apply in relation to that data.
  19. Assignment
    1. You may not assign or delegate any of your rights, interest or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of FantasySpin. FantasySpin may assign and delegate these Terms to an affiliate or to any successor in the event of a merger, acquisition or other change in control. These Terms shall bind and inure to the benefit of the parties and their respective successors and permitted assigns.
  20. Entire agreement
    1. These Terms set out the entire agreement between you and us concerning our Services, including any participation in the Promotion, and they replace all earlier agreements and understandings between you and us.
  21. Severability
    1. If any part of these Terms is held to be invalid or unenforceable under any applicable local laws or by an applicable court, that part shall be interpreted in a manner consistent with applicable law to reflect as nearly as possible our original intentions and the remainder of these Terms shall remain valid and enforceable. If it is not possible to interpret an invalid or unenforceable part of these Terms in a manner consistent with applicable law, then that part shall be deemed deleted from these Terms without affecting the remaining provisions of these Terms.
  22. Waivers of our rights
    1. Our failure to exercise or enforce any of our rights under these Terms does not waive our right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by us.
  23. Governing Law; Dispute Resolution
    1. Most concerns can be solved quickly by contacting us at help@fantasyspin.com or at the following address:
      • FantasySpin Games LLC
        15851 Dallas Parkway Suite 600
        Addison, Texas 7500
    2. These Terms and all claims related to it, its execution or the performance of the parties under it, shall be construed and governed in all respects according to the laws of the Commonwealth of Massachusetts without regard to the conflict of law provisions thereof. You waive any right you may have to start or participate in, and agrees to opt out of, any class action or other representative proceeding against FantasySpin arising from or relating to the Services (including the Promotion), App, all Games (including all Contests), and/or these Terms. Any controversy or claim arising out of or relating to an alleged breach of these Terms or the operation of the Services (including the Promotion), App, all Games (including all Contests) shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association (“AAA”) before a single arbitrator. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Boston, Massachusetts. FantasySpin may seek any interim or preliminary relief from a Massachusetts court of competent jurisdiction, necessary to protect FantasySpin’s rights or property pending the completion of arbitration. The arbitrator shall not have the authority, power, or right to alter, change, amend, modify, add, or subtract from any provision of these Terms. The arbitrator shall have the power to issue mandatory orders and restraining orders in connection with the arbitration. The award rendered by the arbitrator shall be final and binding on the parties, and judgment may be entered thereon in any court of competent jurisdiction.
  24. Contact Us
    1. All communication with respect to our Services, including the Promotion, and including requests to be removed from future mailings, should be directed to the Sponsor at the foregoing address or via e-mail help@fantasyspin.com, or as provided by FantasySpin’s Privacy Policy. If you would like Sponsor to deactivate Player’s Account, please send an email to help@fantasyspin.com.
  25. Definitions
    1. Account” means a Player’s registered account associated with Player’s username and email, as provided by Player, to play Games through the Services. Accounts may be registered through the Services. There is no fee or charge to register an Account. Except in cases where Sponsor determines there is evidence or suspicion of collusion among individuals or syndicate play, in the event of a dispute, entry in any Game or Contest will be declared made by the authorized Account holder of the e-mail address submitted at the time of registering the Account.
    2. App” means the Sponsor’s mobile application for iOS and Android mobile devices and tablets.
    3. ARV” means approximate retail value of a prize.
    4. Contest” means the promotional FREE fantasy contests in connection with the Promotion that featured on or through the Services.
    5. Daily Promotion Period”, means Every 24 hours starting at 12:00:01 AM (EST) and ending 11:59:59 PM (EST) for the duration of the Promotional Period.
    6. Claim Form” means Sponsor’s standard eligibility and liability/publicity release (where legal), which Sponsor may require, in Sponsor’s sole discretion, be accepted by a Potential Winner at the conclusion of a Contest in order to receive the Prize.
    7. Eligible Person” means a Player who: (a) has an Account; (b) is a legal permanent resident of the fifty (50) United States and Washington, DC (the “Permitted Jurisdictions”), and the Permitted Jurisdictions exclude the restricted jurisdictions of Washington, Florida (when the ARV of a prize is greater than $5,000) and New York (when the ARV of a prize is greater than $5,000) and any other state or jurisdiction where participation in the Promotion or any Game (including any Contest), or receipt of use of Free Chips or Tokens in connection with any Game, is prohibited or restricted by law; (c) is physically located within the Permitted Jurisdictions when registering and accessing an Account, and when participating in the Promotion or any Game, and when receiving and using Free Chips and Tokens in connection with any Game; (d) is, as of the date of registration of an Account, at least eighteen (18) years of age, or the age of majority in Player’s state of legal residence, jurisdiction, and location (or nineteen (19) years of age if Player is a legal resident of Nebraska or Alabama, or twenty-one (21) years of age if Player are a legal resident of Iowa or Massachusetts) (the “Age Requirement”); and (e) at all times abides by applicable laws and these Terms. If any one of these requirements is not met at any time, Sponsor may refuse service, suspend, deactivate, disable, terminate or delete your Account and all related information and files, including any Free Chips and Tokens, relating to your Account, terminate your rights to use or participate in Sponsor’s Services, App, Games, Contests, or the Promotion, remove or edit any Content, including User Generated Content, or cancel your Free Chips or Tokens, or take any other action permitted by law or these Terms.
    8. Entrant” means any Eligible Person who has successfully entered a Contest pursuant to these Terms
    9. Free Chips” means the in-App virtual game currency Players use to play a Game, including any Contest. Free Chips are FREE and cannot be purchased.
    10. Game” means any fantasy contest and/or related game element featured in the App, including, but not limited to, any Contest, non-promotional-based fantasy contest, Daily Spin, or roster spin. Use of the word “Game” instead of “Contest” or vice versa, or the use of both in any section or provision in these Terms, is not intended to limit the effect or scope of any section or provision in these Terms.
    11. Reward” means any discount, offer, virtual good, or other goods or services offered and provided by Sponsor’s Reward supplier. Rewards do not include real-world currency.
    12. Player” means any person who (1) has downloaded the App in to their mobile device or tablet in accordance with these Terms; (2) is at least seventeen (17) years of age; and (3) has an Account in accordance with these Terms. A Player is an Eligible Person when these Terms refer to a Player’s participation in the Promotion in any way.
    13. Prize” means any prizing awarded to a Winner of a Contest. When a Prize refers to Tokens, a Prize is not real money, does not have monetary value, and Sponsor makes no guarantee as to the availability, nature, quality, or value of features of any third-party good or services that may be accessible through the use of Tokens through Sponsor’s Reward Supplier, or the availability or supply of Tokens.
    14. Promotional Period” means the period that Prizes will be awarded to Winners from June 4, 2020 through December 31, 2020, and any subsequent calendar year in Sponsor’s sole discretion, or until the Promotion ends as provided in these Terms.
    15. Sponsor” means FantasySpin and includes its parents, subsidiaries, owners, affiliated entities, vendors, agents, representatives, officers, managers, shareholders, directors, employees, volunteers, participants and any other person or entity acting in any capacity on their respective or collective behalf, including any other person or entity involved in administering, implementing, producing or managing the Promotion, including any Game or Contest associated with the Promotion.
    16. Task” means watching a short video, referring a friend, completing a short survey, or some other activity of trivial time and effort that may award a Player with additional Free Chips, subject to all conditions and limitations contained in these Terms.
    17. Token(s)” refers to the in-App virtual Prize that Entrants can potentially win when participating in a Contest. Tokens are not real money, do not have monetary value, and Sponsor makes no guarantee as to the availability, nature, quality, or value of features of any third-party good or services that may be accessible through the use of Tokens through Sponsor’s Reward Supplier, or the availability or supply of Tokens. Tokens may be referred to as “points” by Sponsor’s Reward Supplier. Players may, subject to all conditions and limitations contained in these Terms, use Tokens for Rewards.
    18. User Generated Content” means all information, including all materials, photos, videos, audio, comments and text created, used or uploaded by a Player to the App.