SportsHub Master Terms of Service

Effective Date: June 15, 2017

IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 7.

Welcome to the products, services, and Websites (the “Services”) provided by SportsHub Technologies, LLC, located at 323 Washington Avenue North, Suite 320, Minneapolis, MN 55401 (“we”, “us”, “our” or “SportsHub”). Our Services include Fanball, CDM Sports, National Fantasy Football Championships, National Fantasy Baseball Championships, National Fantasy Basketball Championships, and SportsHub.

1. Structure of Our Terms and Conditions

These Master Terms of Service (the “Master Terms”) contain the terms and conditions that apply to all of our Services. Please read these Terms of Use (the “Terms” or “Terms of Use”) carefully before using the Service. By accessing and using our Services or by clicking to accept or agree to the Terms and Conditions of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms, our Privacy Policy, found at www.sportshubtech.com/privacy-policy/, incorporated herein by reference, and the Official Rules and Regulations for the applicable contests and promotions (the “Rules”). If you have any questions, comments or concerns regarding these terms or our Services, please contact us via e-mail at help@fanball.com.

IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE, DO NOT USE THE SERVICES OR THE WEBSITE. These Terms constitute a legal agreement between you and SportsHub, and shall apply to your use of the Website and the Services even after termination.

In addition to these Master Terms, each of our individual Services (i.e., Fanball and LeagueSafe) are subject to additional terms and conditions that are specific to those Services only (“Additional Terms”). A brief description of our individual Services is provided below, along with a link to the applicable Additional Terms. When you access or use these individual Services, the applicable Additional Terms will apply to you, and will automatically be incorporated into these Master Terms by reference (“Terms” means these Master Terms, along with any applicable Additional Terms).

1.1 Season-Long Fantasy Sports Contests

1.2. Daily Fantasy Sports Contests

  • Fanball. Fanball offers various daily fantasy sports (DFS) contests and related products and services. Click here for the Additional Terms for our Daily Fantasy Sports Contests.

1.3. Other Fantasy Sports Services

  • LeagueSafe. LeagueSafe is a fantasy sports consumer protection service that provides secure, online payment options for participants in private season-long fantasy sports leagues. The Additional Terms for LeagueSafe are at https://www.leaguesafe.com/terms.

2. Modification of Our Terms and Conditions

The Company reserves the right, at any time, to (i) change the terms of the Master Terms and/or any Rules, (ii) change the Service, including eliminating or discontinuing any content or feature of the Service, changing the terms of eligibility, restricting the hours of availability, or limiting the amount of use permitted by the User, or (iii) change any fees or charges for use of the Service, including instituting new or increased fees or charges for the use of the Service or any features, contests, products or services offered through use of the Service. The most current version of these Terms will be posted on the Website. You shall be responsible for reviewing and becoming familiar with any such modifications. If a revision to the Terms, in our sole discretion, is material, we will notify you by contacting you through the email address associated with your Account. Use of the Services by you after any modification to the Terms constitutes your acceptance of the Terms of Use as modified.

3. Eligibility

To deposit funds, enter a paid Contest, and/or win prizes offered by the Website, you represent and warrant that:

  • you are at least 18 years of age (or 19 if you are a legal resident of Alabama or Nebraska, or 21 if you are a legal resident of Massachusetts);
  • you are a citizen or legal resident of the United States of America or Canada and you have an address in the United States of America or Canada;
  • at the time of depositing funds or entering a Contest, you are a physically located in the United States of America or Canada and are not located in a jurisdiction in which participation in the Contest is prohibited by law;
  • you are not listed on any U.S. Government list of prohibited or restricted parties;
  • 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 or failure to report all interest or dividends, or (c) the IRS has notified you that you are no longer subject to backup withholding;

3.1. State-by-State Eligibility to Participate in Fantasy Sports Contests

You are subject to the laws of the jurisdiction in which you reside and/or from which you access the Website and the Services. Access to the Website and the Services may not be legal for some or all residents of, or persons physically located in, certain jurisdictions. As described in Section 1 of these Master Terms, SportsHub owns and operates both Season-Long Fantasy Sports Contests and Daily Fantasy Sports Contests. Your eligibility to access certain portions of our Website and participate in certain of our Services may depend on whether you are attempting to access our SLFS services or our DFS services.

If you attempt to deposit money into your Account or play in any contest in which a prize is awarded while located in a jurisdiction in which participation in fantasy sports contests is restricted or prohibited by law, you will be in violation of the law of such jurisdiction and these Master Terms, and subject to having your Account suspended or terminated. You hereby agree that we cannot be held liable if laws applicable to you restrict or prohibit your participation. We make no representations or warranties, implicit or explicit, as to your legal right to participate in any service offered nor shall any person affiliated, or claiming affiliation, with us have authority to make any such representations or warranties. We do not intend that the Website and the Services to be used by persons present in jurisdictions in which the playing of fantasy sports contests may be prohibited or restricted.

3.2. Season-Long Fantasy Sports Excluded States

To deposit funds, enter a paid Contest, and/or win prizes offered by one of SportsHub’s SLFS services, you represent and warrant that you are not a resident of, nor physically located in any of the following states: Arizona, Iowa, Louisiana, Montana, Virginia, or Washington.

3.3. Daily Fantasy Sports Excluded States

To deposit funds, enter a paid Contest, and/or win prizes offered by one of SportsHub’s DFS services, you represent and warrant that you are not a resident of, nor physically located in any of the following states: Alabama, Arizona, Delaware, Hawaii, Idaho, Iowa, Louisiana, Montana, Nevada, Virginia, or Washington.

Legal residents of the Season-Long Fantasy Sports Excluded States and/or the Daily Fantasy Sports Excluded States are eligible to open and maintain Accounts on the Website for use only in games that do not offer prizes, or to access products and services that are not fantasy contests.

3.4. Prohibited Players

The following individuals are explicitly prohibited from playing public Contests that offer a prize:

  • minors under the age of 18;
  • members, directors, officers, employees and other persons connected to SportsHub;
  • family members (spouse, child, sibling, or parent residing as a member of the same household in the principal place of abode) of any SportsHub member, director, officer, employee and other persons connected to the Website;
  • owners, employees, or agents of an operator of another daily fantasy site that charges entry fees or offers cash prizes;
  • any individual with access to non-public confidential information about the Company’s Contests;
  • any individual with access to another daily fantasy site’s non-public confidential data;
  • any person prohibited from participating pursuant to court order.

In addition, individuals with the ability to directly or indirectly influence gameplay are strictly prohibited from participating in Contests in the sport or sports with which they are associated. Such individuals include professional athletes; team owners, management and personnel; professional sports agents; referees; and league employees.

Members, directors, officers, employees and agents of the Company are permitted to participate in Contests that are not listed in the Website public domain, and that are hosted by another member, officer, employee or agent, or a relative or friend of the member, director, officer, employee, agent or family member participating (“Private Contests”), as follows: SportsHub-sponsored Private Contests, Private Contests that offer a prize, or Private Contests for prizes other than cash. Members, directors, officers, employees and agents of the Company and other persons connected to the Website that have access to non-public or confidential Website data may use the Website for the purpose of testing, evaluating user experience, monitoring contests, and other reasonable and fair uses at the sole discretion of SportsHub, but may not win prizes. Employees may use clearly marked test accounts for testing purposes, including evaluating the Website. Employees using test accounts shall not be eligible to win prizes, provided however, that if a employee wins a contest, the prize in that contest will be awarded to a participant in that contest who would have won the prize if the employee had not participated.

If the Company discovers that a Prohibited Player is found to have registered or entered any Contests, their account will immediately be closed and that individual will be disqualified from any league or contest that they have joined.

4. Conditions of Participation

In order to deposit funds, participate in a Contest, or win prizes offered by the Website, you must register an Account. To register an Account, you must provide accurate, current and complete information as requested, including:

  • a unique username;
  • a valid email address;
  • a password;
  • a valid mailing address;
  • a valid zip code;
  • a valid date of birth.

If necessary, you may be required to provide additional information that allows SportsHub to verify your age and identity. Such information may include your social security number or additional documentation that allows us to verify you. You may also be asked to you fill out an affidavit of eligibility. If SportsHub determines that you are not eligible under the Master Terms of the Website, we reserve the right to terminate your account, withhold or revoke the awarding of any prizes, or limit your ability to withdraw funds or enter Contests.

4.1. One Account

Each individual user may establish only one Account to participate in the Services offered on the Website. In the event SportsHub discovers that you have opened, maintained, used, or controlled more than one Account, in addition to any other rights that SportsHub may have, SportsHub reserves the right to suspend or terminate any or all of the offending individual user’s Account and terminate, withhold or revoke the awarding of any prizes.

4.2. Account Security and Confidentiality

Your username must not be offensive, be selected to deceive or misinform other users, and may not offend common decency or infringe upon the rights of third parties. SportsHub reserves the right to modify your username without prior notice. For security reasons, passwords must differ from usernames and may be changed whenever you deem necessary. A secure password should contain a combination of numbers, letters and, when possible, special characters. Passwords should be kept secret and periodically changed.

You are solely responsible for maintaining the confidentiality of your account information, including username and password, and are fully responsible for all uses of your Account. You are solely responsible for keeping your username and password confidential and notifying SportsHub of any unauthorized use of your Registered User account. SportsHub will not be responsible for any loss or damage resulting from your failure to notify us of unauthorized use. SportsHub reserves the right to require you to change your username or may change your username at its sole discretion. If we determine that your username and password are being used by someone other than you, we reserve the right to deny access to the Website, prevent funds from being deposited, terminate your account, withhold or revoke the awarding of any prizes, or limit the ability to withdraw funds or enter Contests.

If your account is under review as a result of a possible violation of these Master Terms, any Additional Terms, or if your account is under investigation for possible fraudulent activity, you will be notified via email regarding the nature of our investigation. In the event that it is determined that you have violated any part of these Master Terms or any Additional Terms, SportsHub may withhold or revoke the awarding of any prizes. In such a situation, SportsHub reserves the right to utilize the withheld or revoked prizes at its sole discretion, including paying out any withheld or revoked prizes to the other Contest entrants in a manner consistent with the prizing structure of the Contest. If you make a request for withdrawal of prizes that have been withheld due to a fraud investigation, you will be notified as to the nature of the investigation within 5 business days of the request for withdrawal being made.

You may close your account at any time for any reason by contacting the SportsHub Customer Support department.

You will have access to your play history and account details at all time. If you have closed or have had restrictions placed on your account you may contact our Customer Support department to obtain your full account history.

4.3. Communications

When you complete your Account registration, you agree that you will receive certain electronic communications from SportsHub and/or its representatives that relate specifically to your Account and Contests. You can opt out of marketing communications by utilizing links provided within our marketing emails. You understand and agree that certain communications remain necessary to ensure the proper administration of the Website and contests offered therein.

You may register a complaint with SportsHub for any reason, at any time. Complaints may be filed online by e-mailing help@fanball.com or in writing to 323 Washington Avenue North, Suite 320, Minneapolis, MN 55401. SportsHub will make reasonable efforts to respond to such complaints within 10 days of receiving the complaint. In the event that we determine that the relief requested in the complaint will not be granted, we will provide you with the specific reasons for denying such relief. If it is determined that more information is required to respond to the complaint, you will be notified via the e-mail address associated with your account.

5. Depositing and Withdrawing Funds

5.1. Deposits

You may deposit funds with the intent to participate in a Contest on the Website via any of the payment methods permitted on the Website. Such funds will be deposited to your account upon actual receipt of the funds by SportsHub and/or our agents. The amount of your deposit may be limited based on your state of residence, your physical location, your history with our Service, the method of payment, the type of Service or contest (i.e. SLFS contests, DFS contests, or other fantasy sports services) you are attempting to use, and any other factors as determined solely by SportsHub. You must be the lawful owner of the payment method account used to make any deposit on the Website. Utilizing a payment method that is not owned by the Registered User shall be considered a violation of these Master Terms.

5.2. Withdrawals

All prize winnings from Contests on the Website will deposited into your account. You may use the funds in your account to participate in Contests offered by the Service, or you may request a withdrawal of the funds. You may request a withdrawal of your funds at any time. All withdrawal requests will be honored within two business days, unless your account is under review for fraudulent or other conduct, or you have not submitted tax reporting paperwork required by law. A request for withdrawal will be considered honored if it is processed by SportsHub, even if it is delayed by a payment processor, credit card issuer, or by the custodian of a financial account.

We will take reasonable and appropriate procedures to prevent unauthorized withdrawals from your account. Such procedures may include requesting additional information to verify your identity. Such information may include all or a portion of your Social Security Number or Tax ID, copies of your driver’s license, passport, credit cards, utility bills, or other documents sufficient to prove your identity. Additional procedures may include asking a series of questions related to your personal background, such as previous addresses or basic information about known relatives. If you cannot successfully verify your identity, SportsHub reserves the right to deny your withdrawal request.

Approved withdrawal requests will first be refunded back to the same credit card or method of payment used to deposit funds on the Website. After the aggregate amount of such deposit(s) has been refunded back to the credit card(s) or payment method(s) used for the deposit(s), you may request to receive your remaining funds via any of the withdrawal methods offered by the Website.

5.3. U.S. Dollars

All deposits and withdrawals will be denominated in U.S. dollars unless otherwise expressly stated. If you make a deposit that is denominated in a currency other than U.S. dollars, the funds will be converted into U.S. dollars by our payment processors or your financial institution and you may be charged a service fee for such conversion. Please also be aware that our payment processors and/or your financial institution may use different conversion rates for deposit and refund transactions. The conversion rate used is not under our control and we recommend that you contact your financial institution directly for more information.

6. Conduct

SportsHub operates all of its Contests with the highest standards of integrity and fairness. The following actions are considered improper conduct and may result in the suspension or termination of your account, withholding or revocation of the awarding of any prizes, and/or the forfeiture of funds in your account balance:

  • engaging in any illegal activity or the planning of any illegal activity;
  • creating a false identity, impersonating another person, or otherwise falsifying personal information required to enter a Contest or claim a prize;
  • engaging in any type of financial fraud including unauthorized use of credit instruments to enter a Contest or claim a prize;
  • colluding with any other individual(s) or engaging in any type of syndicate play;
  • seeking to or in any way assisting others to obtain password, account, or private information from any SportsHub user;
  • any violation of Contest Rules or the Master Terms;
  • using a single account to participate in a Contest on behalf of multiple entrants or otherwise collaborating with others to participate in any Contest;
  • using any artificial means to alter your position on SportsHub leaderboards;
  • employing automated means (including but not limited to scripts and third-party tools) to interact with the Website in any way (this includes, but is not limited to: creating a contest, entering a contest, withdrawing from a contest, creating a lineup, and editing a lineup);
  • using automated means (including but not limited to bots, spiders, or screen scrapers) to obtain, collect or access any information on the Website or of any user for any purpose;
  • tampering with the administration of a Contest or trying to in any way tamper with the computer programs or any security measure associated with a Contest;
  • issuing a chargeback against the Company;
  • depositing funds without the intention of using them to participate in Contests on the Website;
  • engaging in any other activity deemed by us to be in conflict with the spirit or intent of the Website.

Any use of the Website in violation of the foregoing violates these Master Terms and may result in, among other things, termination or suspension of your Account and your rights to use the Interactive Areas and/or the Website. You understand that any attempt to deliberately damage the Website or undermine any contest is a violation of criminal and/or civil laws and SportsHub reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.

7. Intellectual Property

7.1. Trademarks

SportsHub owns or is in the process of registering trademarks for its many services, including, without limitation, “Fanball” and “LeagueSafe,” and the associated graphics, logos and service marks and may not be used without prior written consent of SportsHub. All other trademarks, product names, and company names and logos appearing within the Website are the property of their respective owners.

7.2. Copyright Information

We respect the intellectual property of others, and we ask you to do the same. We may, in appropriate circumstances and in our discretion, terminate your right to use our Website (or any part thereof) if you infringe the intellectual property rights of others. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of someone doing so, please contact us and include the following information:

  1. a physical or electronic signature of the owner of the copyright or a person authorized to act on behalf of the owner;
  2. identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works);
  3. identification of the material that is claimed to be infringing or the subject of infringing activity
  4. information reasonably sufficient to allow us to locate the material on our Website;
  5. your name, mailing address, telephone number and email address;
  6. a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
  7. a statement by you that the information in your notification is accurate, and that you attest under penalty of perjury, that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices with respect to this website should be sent to Christian Peterson at 807 Broadway St. NE, Ste 310-100, Minneapolis, MN 55413 for notice of claims of copyright infringement.

8. Disputes with SportsHub

1. Definitions. As used in this Section, (a) “Claim” means any current or future claim, dispute or controversy relating to any Registered User, these Master Terms, or any agreement or relationship you have or had with SportsHub, except for the validity, enforceability or scope of this Arbitration provision, and (b) “you” or “your” means any Registered User and any affiliates or related persons or entities individually.

2. Mediation. In the event that you have a concern with SportsHub and/or its services, you should first contact SportsHub. It is SportsHub’s desire to listen to your concerns, and to address them in an effort to obtain a mutually-agreeable and cost-effective solution. In the event that you and SportsHub are unable to reach an agreement, SportsHub in its sole discretion may, but is not obligated to, consider the merits of using a Minnesota-based third-party mediator.

3. ARBITRATION. Before taking any action to enforce a Claim, you and SportsHub agree to send a written notice (a “claim notice”) in the manner provided in this Agreement to each person or entity against whom a Claim is asserted. The claim notice must describe the claim and state the specific relief being requested. Notice to SportsHub must include your name, address, league commissioner and league name.

EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, YOU AND SPORTSHUB AGREE TO RESOLVE CLAIMS ONLY THROUGH BINDING ARBITRATION. YOU UNDERSTAND THAT BY THIS AGREEMENT YOU ARE GIVING UP THE RIGHT TO BRING A CLAIM IN COURT OR BEFORE A JURY.

Claims will be resolved before a single arbitrator appointed by the American Arbitration Association (“AAA”). Claims will be resolved pursuant to the AAA’s Consumer Arbitration Rules in effect at the time the Claim is filed, except where those rules conflict with this Agreement. You can contact AAA by calling 800.778.7879 or going to www.adr.org. Any arbitration under this Agreement shall be held in Minneapolis, Minnesota. SportsHub will not elect arbitration for any Claim you file in small claims court with jurisdiction over SportsHub, so long as the claim is individual and pending only in that court. You or SportsHub may require arbitration of any Claim at any time unless the Claim has been filed in court and trial has begun or final judgment has been entered.

YOU AGREE THAT NO CLASS, COLLECTIVE, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL CLAIMS WILL BE MAINTAINED IN ANY ARBITRATION HELD UNDER THIS AGREEMENT. Claims will only be arbitrated on an individual basis. You and SportsHub agree that the arbitrator’s authority is limited to individual claims between you and SportsHub alone. Subject to the limitations of this Section, the arbitrator shall have authority to award legal and equitable relief available in the courts of the State of Minnesota, provided, however, the arbitrator shall not have the authority to award punitive damages. Any question regarding the enforceability or interpretation of this Section shall be decided by a Court with jurisdiction and not by the arbitrator.

This Arbitration provision is governed by the Federal Arbitration Act. The arbitrator’s award will be final and binding upon you and SportsHub, except for any right of appeal provided by the FAA; provided however, a written notice of appeal must be delivered within 30 days after the issuance of an award by the arbitrator to the arbitration organization and all parties to the arbitration. Judgment upon any award may be entered in any court having jurisdiction.

You will be responsible for paying your share of any arbitration fees (including filing, administrative, hearing or other fees), but only up to the amount of the filing fees you would have incurred if you had brought a claim in court. You will be liable for the attorneys’ fees, costs and expenses incurred by SportsHub in connection with enforcing this Agreement if you bring an action regarding a Claim other than as provided in this Section.

This section will survive termination of your Account, voluntary payment of your Account balance, any legal proceeding to collect a debt or any bankruptcy.

4. Venue. As a condition to using the services of SportsHub, and subject to the limitations contained in this section entitled “Disputes with SportsHub”, you agree that any dispute brought against SportsHub may be made only by legal action commenced in Hennepin County District Court, Hennepin County, Minnesota and that Minnesota law will apply to all such disputes. In any such action where SportsHub is successful in the outcome of the litigation, SportsHub shall be entitled to recover all of SportsHub’s costs and expenses associated with the dispute, including but not limited to attorneys’ fees and court costs. Any dispute brought against SportsHub that is raised contrary to these Terms is considered a breach of these Terms, and SportsHub is entitled to recover all costs associated with the dispute, including but not limited to attorney’s fees and costs.

9. No Waiver

Any action or inaction taken by SportsHub relative to any dispute or claim does not waive SportsHub’s rights to act to any fashion in subsequent situations regardless of similarity.

10. Disclaimer of Warranties, Limitation of Liability

SPORTSHUB PROVIDES SERVICES ON AN AS IS AND AS AVAILABLE BASIS. SPORTSHUB MAKES NO REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICES OR THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, SERVICES, OR PRODUCTS INCLUDED IN WEBSITE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR AS TO THE CORRECTNESS, ACCURACY, TIMELINESS OR RELIABILITY OF THE INFORMATION, CONTENT OR MATERIALS PROVIDED THROUGH THE SERVICES OR THE WEBSITE. ANY CONTENT, WHETHER PUBLICLY POSTED OR PRIVATELY TRANSMITTED, IS THE SOLE RESPONSIBILITY OF THE MEMBER WHO ORIGINATED SUCH CONTENT. SPORTSHUB SHALL HAVE NO LIABILITY FOR THE TRUTH, ACCURACY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION MADE AVAILABLE THROUGH THE WEBSITE OR FOR ERRORS, MISTAKES OR OMISSIONS IN THAT INFORMATION OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. MEMBER EXPRESSLY AGREES THAT MEMBER IS USING THE SERVICES AND THE WEBSITE, AND RELYING ON ANY CONTENT OR MATERIALS POSTED OR OBTAINED VIA THE WEBSITE OR SERVICES, AT MEMBER’S SOLE RISK.

By accessing the Website or using the Services, Member agrees to fully indemnify, defend and hold harmless SportsHub, its managers, officers, governors, employees, owners, agents, vendors, partners, service providers, licensors and successors (the “SportsHub Parties” and each a “SportsHub Party”), from and against any and all claims, losses, liabilities, damages, penalties, fines, expenses, costs and attorneys’ fees (collectively, “Losses”) arising out of or relating in any way from Member’s use of the SportsHub website or the services, including Member’s breach or the breach of another Member of any representation, warranty or covenant under these Terms.

As a condition to your access to and use of the SportsHub website, you hereby waive and release any and all claims, causes of action or other rights that you might have against the SportsHub Parties arising out of relating in any way from your use of the website or the services.

SPORTSHUB SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES OF ANY KIND TO MEMBER, ANOTHER MEMBER OR ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) THAT MAY ARISE OR RESULT FROM MEMBER’S, ANOTHER MEMBER’S OR A THIRD PARTY’S USE OR ACCESS TO, OR INABILITY TO USE OR ACCESS, THE WEBSITE OR THE SERVICES, WHETHER BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY EVEN IF THE SPORTSHUB PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HOWEVER, IF NOT WITHSTANDING THE FOREGOING DISCLAIMER, A COURT DETERMINES THAT A SPORTSHUB PARTY IS LIABLE FOR LOSSES OR DAMAGES, SUCH SPORTSHUB PARTY’S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT OF THE FEES PAID TO SPORTSHUB BY THE MEMBER(S) CLAIMING LOSS OR DAMAGE.

11. Indemnification

You agree to indemnify and defend SportsHub, its third-party partners, service providers, employees, officers, directors, agents, and licensors from any dispute, claim, or demand made or incurred by a third party as a result of your breach of these Terms.

12. Endorsements, Sponsorships

SportsHub is not endorsed or sponsored by any sporting association, player, or players” association. As any of those entities may appear on the SportsHub site, it is not in the format of an endorsement or sponsorship.

13. Responsible Play

SportsHub was founded with the idea of providing a safe and secure environment for fantasy sports players to participate in the games they love. We have an unwavering commitment to provide a fun, fair, and protective experience to all of our users. We also recognize that there are circumstances where some players may need some assistance to ensure they are participating in a responsible and safe manner. Please utilize the information and tools on our Responsible Play page to ensure you have all the support you need to maintain a responsible, safe, and enjoyable fantasy sports gaming experience.

Additional Terms for Daily Fantasy Sports Contests

These Additional Terms apply to your use of Fanball.com. Remember that your use of SportsHub’s Services (including Fanball.com) is at all times subject to the SportsHub Master Terms of Service (the “Master Terms”), which incorporate these Additional Terms.

If you have any questions, comments or concerns regarding these Additional Terms, the Master Terms or our Services, please contact us at help@fanball.com.

These Additional Terms apply to your use of and access to Fanball.com (“Fanball” or the “Site”) only. By using or visiting the Site, you agree to these Additional Terms.

Fanball offers various daily fantasy sports (“DFS”) contests and related products and services.

1. Excluded States

To deposit funds, enter a paid Contest, and/or win prizes offered by Fanball, you represent and warrant that you are not a resident of, nor physically located in any of the following states: Alabama, Arizona, Delaware, Hawaii, Idaho, Iowa, Louisiana, Montana, Nevada, Virginia, or Washington.

2. SportsHub Reserve

Deposits and player winnings after contests are finished are held in separate, segregated bank accounts held by SportsHub Reserve, LLC, a legally separate and independent subsidiary of SportsHub Technologies, LLC. These funds are the property of SportsHub Reserve, LLC, and are not available to be used by SportsHub to cover its operating expenses or for other purposes. The funds are not available to creditors of SportsHub Technologies, Inc., except for players whose funds are held in such segregated bank accounts. Your withdrawals will be made from accounts that may bear the name of SportsHub Reserve, LLC.

3. Taxes

You are solely responsible for filing and paying applicable state and federal taxes on any Contest winnings. If you have won $600 or more as a result of participating in a Contest, you must provide SportsHub with an updated mailing address and social security number. This information will be used to allow SportsHub to comply with tax regulations and may be shared with appropriate tax authorities. SportsHub does not provide tax advice, nor should any information provided in these Master Terms or on the Service be construed as tax advice.

4. Contest Rules

4.1. Contests of Skill

All of Fanball’s fantasy sports contests are designed as games of skill. Fantasy points are accumulated through the performance of individual athletes across multiple sporting events. Winners for each contest are determined by the individuals who use their skill and knowledge of relevant professional sports information and our fantasy sports contest rules to accumulate the most fantasy points. All contest entries are comprised of players participating across at least two sporting events.

Contest rules, entry fees, and scoring may differ from contest to contest. The specific rules of each contest are set forth in the official rules, which are made available to you prior to joining the contest, and which are incorporated into these Terms by reference. You are responsible for reviewing the rules prior to joining a contest. Fanball reserves the right, at its sole discretion, to cancel, extend, modify or suspend contests without restriction.

4.2. Entry Fees and Payments

Each of our contests has an entry fee, which is listed in U.S. dollars, and which is clearly displayed on the Website and on the registration page prior to joining the contest. It is your responsibility to know and understand the contest rules and required entry fees for the contest. When you join a contest, the applicable entry fee amount will be debited from your SportsHub Account.

All payments are final. No refunds will be issued.

4.3. Cancellations

You may cancel an entry until the contest fills, or up until 30 minutes prior to game start, whichever occurs first.

In the event of a dispute regarding the identity of the person submitting an entry into a contest, the entry will be deemed submitted by the person in whose username the entry was submitted, or if possession of the username itself is contested, the name of the authorized account holder. “Authorized account holder” is defined as the natural person who is the age of majority in his or her jurisdiction of residence and who is assigned to an email address by an Internet access provider, online service provider, or other organization (e.g., business, education institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address for registration on the Website.

4.4. Contest Results and Prizes

Fanball offers a number of different types of fantasy sports contests, including head-to-head challenges and multiple team competitions with various roster requirements, scoring systems, and team selection methods. A summary of all of our contests, including entry fees and prizing, can be seen by visiting the contest lobby on our Website.

The results and winners of each contest will be determined by SportsHub in accordance with the eligibility requirements and applicable contest rules. At the end of each contest, winners are determined based on who accumulated the most fantasy points for the contest. In the event of a tie, the prize is divided evenly between the tied players.

Once winners have been selected and prizes awarded, scoring results will not be changed regardless of official scoring adjustments made by the professional leagues after the contest has ended. SportsHub reserves the right to make scoring adjustments in the event of a user violating our Terms or because of errors or irregularities in the transmission of information to us from our stats provider or in the calculation of results. If you are not in compliance with these Terms, prizes may be forfeited and may be awarded to another potential winner at SportsHub’s sole discretion.

Winners are notified via the Website at the conclusion of each contest, generally by noon ET on the following day. If you are a potential winner, you may be asked to complete an affidavit of eligibility, a publicity agreement, and/or tax forms by a specified deadline – usually within seven days of the completion of the contest for which the prize was awarded. Failure to return the requested information may result in disqualification from the contest. It is your responsibility to ensure your account information is up to date; if a prize notification delivered via email is returned as undeliverable you may have to forfeit your prize winnings. A full list of winners and winner’s names for each contest may be obtained by writing to: SportsHub Technologies, LLC, 323 Washington Ave. N., Suite 310, Minneapolis, MN 55401.

Prize winnings are deposited directly into your Account. In the event that a prize is erroneously credited as winnings to your Account, we reserve the right to correct the error and transfer winnings from your Account. remain Our property and will automatically be transferred from your Account upon confirmation of the error. If you withdraw amounts that have been erroneously credited to your Account before confirmation of the error, you will owe a debt to SportsHub in the amount of such mistakenly attributed winnings.

All prizes are awarded AS IS and WITHOUT WARRANTY OF ANY KIND, express or implied, (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose) by us. If any legal authority challenges the award and/or your receipt of a prize for winning a contest on the Website, we reserve the right to revoke, cancel, suspend, substitute, or modify the award of such prize.