- Acceptance of terms
HTFS may issue additional terms, rules and conditions of participation in particular contests. For example, HTFS may issue conditions as required by various state rules and regulations, which may impact your experience or participation on the Service. You agree to be subject to those additional rules if you participate in such contests.
You hereby represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these terms and to abide by and comply with these terms.
By entering a contest, you are representing and warranting that:
○ you are of 18 years of age or older.
If HashTag Fantasy Sports determines that you do not meet the eligibility requirements of this section, then you are not authorized to use the Service. HTFS may require you to provide proof that you are eligible to participate according to this section. This includes by requesting that you fill out an affidavit of eligibility or other verification information (as discussed in Section 4 below). If HTFS otherwise determines that you do not meet the eligibility requirements of this section, in addition to any rights that HTFS may have in law or equity, HTFS reserves the right to terminate your account.
- Conditions of participation
In order to participate in a contest on the Service, you must register for an account. By registering as a user of the Service, you agree to provide accurate, current and complete information about yourself as prompted (such information being the “Registration Data”) and maintain and promptly update the Registration Data to keep it accurate, current and complete. If you provide any information that is inaccurate, not current or incomplete, or HTFS has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, HTFS may deny you access to areas requiring registration, or terminate your account, at its sole discretion.
You may establish, maintain, use and control only one account on the Service. Each account on the Service may only be owned, maintained, used and controlled by one individual. For avoidance of doubt, users may not “co-own” accounts on the Service. In the event HTFS determines that you have opened, maintained, used or controlled more than one account, in addition to any other rights that HTFS may have, HTFS reserves the right to suspend or terminate any or all of your accounts.
You agree that the sole and specific purpose of creating an account on HTFS is to participate in fantasy sports contests on the Service.
- Account Password and Security
At the time of registration for online account access, you must provide a valid email address and supply a Username and Password to be used in conjunction with your account. You may not use a Username that promotes a commercial venture or a Username that HashTag Fantasy Sports in its sole discretion deems offensive. You are responsible for maintaining the confidentiality of Password, and are fully responsible for all uses of your Username and Password, whether by you or others. You agree to (a) never to use the same Password for the Service that you use or have ever used outside of the Service; (b) keep your Username and Password confidential and not share them with anyone else; (c) immediately notify HTFS of any unauthorized use of your Username and Password or account or any other breach of security; and (d) use only your own Username and Password to access the Service. HTFS cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
HashTag Fantasy Sports may require you to change your Username or may unilaterally change your Username.
- Communications and Information Practices
As a result of your registration for the Service, you may receive certain commercial communications from HashTag Fantasy Sports. You understand and agree that these communications are part of your registration, and that, to the extent required by law, you may opt out of receiving these communications at any time by either using the unsubscribe functionality or sending an email to Developer [at] HTFSports [dot] com. Following such an opt-out, we may still communicate with you via email to the extent permitted by applicable law.
- Disqualification and Cancellation
HashTag Fantasy Sports also reserves the right to cancel contests, in our sole discretion, without any restrictions.
If for any reason the Service is not running as originally planned (e.g., if the Site becomes corrupted or does not allow the proper usage and processing of entries in accordance with the rules, or if infection by a computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in the sole opinion of HTFS corrupts or affects the administration, security, fairness, integrity or proper conduct of the Service), HTFS reserves the right, in its sole discretion, to disqualify any individual implicated in or relating to the cause and/or to cancel, terminate, extend, modify or suspend the Service, and select the winner(s) from all eligible entries received. If such cancellation, termination, modification or suspension occurs, notification may be posted on the Site.
The failure of HTFS to comply with any provision of these Terms due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of HTFS (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Terms.
By entering a contest, you consent to HashTag Fantasy Sport’s, its service providers’ and business partners’ use of your name, voice, likeness, location and photograph in connection with the development, production, distribution and/or exploitation (including marketing and promotion) of the selected contest and/or other HTFS contests and HTFS generally, unless otherwise prohibited by law. HashTag Fantasy Sports and its business partners reserve the right to make public statements about the entrants and winner(s), on-air, on the Internet, or otherwise, prior to, during, or following the contest. Entrants agree that HTFS may announce any winner’s name on-air or on any of its websites or any other location at any time in connection with the marketing and promotion of HTFS or other contests or games operated by HTFS. You agree not to seek to charge a fee or impose other conditions on the fulfillment of these obligations.
- Game Rules
- Game of Skill
HashTag Fantasy Sports is a game of skill. Winners are determined by the criteria stated in the rules. For each contest, winners are determined by the individuals who use their skill and knowledge of relevant professional sports information and our fantasy sports rules to accumulate the most fantasy points. Fantasy points are accumulated through the performance of individual athletes in sports events.
- Contest Term
HashTag Fantasy Sports offers contests for professional sports events taking place on a single day. HashTag Fantasy Sports often partners with local establishments, for example local sports bars and companies (the “Host Site” or “Host Company”) to enhance the user experience for entertainment purposes. At the end of each contest a winner is announced.
HashTag Fantasy Sports does not offer prizes to any participants of its contest. Any prizes advertised or distributed are from Host Sites or Host Companies that are being allowed to use the HTFS mobile app for entertainment purposes. Therefore, HashTag Fantasy Sports is not responsible for fulfillment of any prizes that may have been offered by a Host Site or Host Company.
Winners are generally posted on the Site, Application, or Social media page after the conclusion of each contest. Email notification may also be sent to contest Winner.
- Game of Skill
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by HashTag Fantasy Sports. By way of example, and not as a limitation, you agree not to:
○ abuse, harass, impersonate, intimidate or threaten other HTFS users;
○ post or transmit, or cause to be posted or transmitted, any Content that are infringing, libelous, defamatory, abusive, offensive, obscene, pornographic or otherwise violates any law or right of any third party;
○ use the Service for any unauthorized purpose, or in violation of any applicable law, including intellectual property laws;
○ post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any HashTag Fantasy Sports user;
○ create or submit unwanted email (“Spam”) to any other HashTag Fantasy Sports users;
○ infringe upon the intellectual property rights of HashTag Fantasy Sports, its users, or any third party;
○ submit comments linking to affiliate programs, multi-level marketing schemes, sites repurposing existing stories or off-topic content;
○ post, email, transmit, upload, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed or functioning to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
○ use any robot, spider, scraper, sniping software or other automated means to access the Service for any purpose (except for RSS feed access) without our express written permission. Additionally, you agree that you will not: (1) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (2) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (3) bypass any measures we may use to prevent or restrict access to the Service;
○ use artificial means, including creating multiple user accounts, to inflate your position and standing with the HashTag Fantasy Sports leader boards and community;
○ use unauthorized scripts; all authorized scripts will be made available through the Service prior to game entry;
○ advertise to, or solicit, any user to buy or sell any products or Service, or use any information obtained from the Service in order to contact, advertise to, solicit, or sell to users without their prior explicit consent;
○ sell or otherwise transfer your profile;
○ attempt to influence the play in any sporting event from which athletes are available for selection in HashTag Fantasy Sports contests on HashTag Fantasy Sports in which you are involved or in which you have a direct or indirect interest.
○ enter into contests, by any means including multi-accounting, for which you are ineligible (e.g., beginner contests when you are not a beginner).
- User Content
You understand that all Content made available on the Service by a user (“User Content”), including but not limited to profile information and communications with other users, whether privately transmitted or made publicly available, is the sole responsibility of the person from which such User Content originated. This means that you, not HTFS, are entirely responsible for all User Content that you upload, post, share, email, transmit, or otherwise make available via the Service. Under no circumstances will HTFS be liable in any way for any User Content.
You acknowledge that HTFS may or may not pre-screen User Content, but that HTFS and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, permanently delete, undelete, modify and/or move any User Content available via the Service. Without limiting the foregoing, HTFS and its designees shall have the right to remove any User Content that violates these Terms or is otherwise objectionable in HTFS’ sole discretion. You understand that by using the Service, you may be exposed to User Content that you may consider to be offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or disclosure of any User Content. You further acknowledge and agree that you bear the sole risk of reliance on any Content available on or through the Service.
With respect to User Content you submit or otherwise make available on or to the Service, you grant HTFS an irrevocable, fully sub-licensable, perpetual, world-wide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such User Content (in whole or in part), and to incorporate such User Content into other works, in any format or medium now known or later developed.
You are solely responsible for your interactions with other users of the Service. HTFS reserves the right, but has no obligation, to monitor disputes between you and other users.
- User Content
- Warranty disclaimers
You expressly understand and agree that your use of the Service is at your sole risk. The Service (including the Service and the Content) are provided on an “AS IS” and “as available” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. You acknowledge that HTFS has no control over, and no duty to take any action regarding: which users gain access to or use the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release HTFS from all liability for you having acquired or not acquired Content through the Service. The Service may contain, or direct you to other websites containing information that some people may find offensive or inappropriate. HTFS makes no representations concerning any Content contained in or accessed through the Service, and HTFS will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.
- Limitation on liability
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE AND SERVICE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE AND SERVICE MAY NOT BE SECURE AND MAY BE INTERCEPTED OR LATER ACQUIRED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE AND SERVICE IS AT YOUR OWN RISK. RECOGNIZING SUCH, YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER HASHTAG FANTASY SPORTS NOR ITS SUPPLIERS OR LICENSORS WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES OR ANY OTHER DAMAGES BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY (EVEN IF HTFS HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE SITE OR SERVICE; THE USE OR THE INABILITY TO USE THE SITE OR SERVICE; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR SERVICE; ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; ANY INCORRECT, ILLEGIBLE, MISDIRECTED, STOLEN, INVALID OR INACCURATE ENTRY INFORMATION; HUMAN ERRORS; TECHNICAL MALFUNCTIONS; FAILURES, INCLUDING PUBLIC UTILITY OR TELEPHONE OUTAGES; OMISSIONS, INTERRUPTIONS, LATENCY, DELETIONS OR DEFECTS OF ANY DEVICE OR NETWORK, PROVIDERS, OR SOFTWARE (INCLUDING, BUT NOT LIMITED TO, THOSE THAT DO NOT PERMIT AN ENTRANT TO PARTICIPATE IN THE SERVICE); ANY INJURY OR DAMAGE TO COMPUTER EQUIPMENT; INABILITY TO FULLY ACCESS THE SITE OR SERVICE OR ANY OTHER WEBSITE; THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ENTRIES, IMAGES OR OTHER CONTENT OF ANY KIND; DATA THAT IS PROCESSED LATE OR INCORRECTLY OR IS INCOMPLETE OR LOST; TYPOGRAPHICAL, PRINTING OR OTHER ERRORS, OR ANY COMBINATION THEREOF; OR ANY OTHER MATTER RELATING TO THE SITE OR SERVICE.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
- Our proprietary rights
All title, ownership and intellectual property rights in and to the Service are owned by HashTag Fantasy Sports or its licensors. You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by HTFS, you agree not to copy, modify, rent, lease, loan, sell, distribute, perform, display or create derivative works based on the Service, in whole or in part.
The Service provides, or third parties may provide, links to other World Wide Web sites, applications or resources. Because HTFS has no control over such sites, applications and resources, you acknowledge and agree that HTFS is not responsible for the availability of such external sites, applications or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that HTFS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
- Termination and suspension
HashTag Fantasy Sports may terminate or suspend all or part of the Service and your HashTag Fantasy Sports account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms. Upon termination of your account, your right to use the Service will immediately cease. If you wish to terminate your HashTag Fantasy Sports account, you may contact us via the contact form with a note to say you wish to terminate your account.
If your account is subject to a suspension, you must respect the restrictions and limitations imposed on your account as part of the suspension, and you should communicate with HashTag Fantasy Sports regarding restoration of your account only via firstname.lastname@example.org
- No third party beneficiaries
You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to the Terms.
- APPLICATION LICENSE
Subject to your compliance with these Terms, HashTag Fantasy Sports grants you a limited non-exclusive, non-transferable license to download and install a copy of the app on a device that you exclusively control and to run such copy of the app solely for your own personal use. HashTag Fantasy Sports reserves all rights in and to the app not expressly granted to you under these Terms. You will not run any version of the app on a jailbroken device.
If you have downloaded our app, you agree to promptly download and install any new version that we make available through the iTunes App Store or Google Play store, as applicable. Some new versions may contain updated Terms. Some new versions may contain security fixes and service improvements, whether or not we disclose that they do; accordingly, failure to promptly update your version of the App may in some cases expose you to increased security risks or Service malfunctions.
- ADDITIONAL TERMS FOR OUR iOS APP
You acknowledge that Apple is not responsible for addressing any claims you have or any claims of any third party relating to the app or your possession and use of the app, including, but not limited to (i) product warranty or liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; or (iv) claims that the app infringes a third party’s intellectual property rights.
In the event of any failure of the iOS version of the app to conform to any applicable warranty that has not been effectively disclaimed by these Terms, you may notify Apple, and Apple will refund the purchase price for the app (if any) to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the app, and, as between Apple and HashTag Fantasy Sports, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be HashTag Fantasy Sport’s responsibility, but only to the extent provided by these Terms. Please read the entire Terms, as other sections of these Terms limit HashTag Fantasy Sport’s liability in this regard.
Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms. Upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof. There are no other third-party beneficiaries of the Terms.
- GENERAL INFORMATION
- Entire Agreement
These Terms (and any additional terms, rules and conditions of participation in particular contests that HashTag Fantasy Sports may post on the Service) constitute the entire agreement between you and HashTag Fantasy Sports with respect to the Service and supersedes any prior agreements, oral or written, between you and HashTag Fantasy Sports. In the event of a conflict between these Terms and the additional terms, rules and conditions of participation in particular contests, the latter will prevail over the Terms to the extent of the conflict.
- Waiver and Severability of Terms
The failure of HashTag Fantasy Sports to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
- Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- Section Titles
The section titles in the Terms are for convenience only and have no legal or contractual effect.
Users with questions, complaints or claims with respect to the Service may contact us using the relevant contact information set forth above.
Thank you for using HashTag Fantasy Sports!
- Entire Agreement