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SportsPlays

Terms of Use

SITE TERMS OF USE

SportsPlays.com provides the SportsPlays.com game (the "Service") to any person ("you" or "your") who completes the registration process to become a member of the Service and is accepted by SportsPlays.com to become a member on the following terms, which may be updated by SportsPlays.com from time to time without notice to you.

This document was last updated on March 9, 2009.

BY CHECKING THE "I AGREE" BOX AND SUBMITTING THE REGISTRATION FORM OR ACCESSING, USING OR INSTALLING ANY PART OF THE SERVICE, YOU EXPRESSLY AGREE AND CONSENT TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST SELECT THE "I DO NOT ACCEPT" BUTTON AND YOU MAY NOT ACCESS, USE OR INSTALL ANY PART OF THE SERVICE. YOU MAY PRINT THESE PAGES FOR YOUR RECORDS.

  1. General Terms, Definitions and Interpretations
    1. Definitions. The following terms shall have the following meanings in this agreement:
      1. "Privacy Policy" shall mean the document setting forth the policies of SportsPlays.com regarding the collection, retention, and use of the personal information of those that use the SportsPlays.com site.
      2. "Site" shall mean the SportsPlays.com website.
    2. Section References. References to a "Section" shall be deemed references to an enumerated section of this agreement.
    3. Subsection References. References to a "Subsection" shall be deemed references to labeled Subsection of this agreement.
    4. Reference and Convenience of Labels. Section headings and Subsection labels are used for convenience and referential notation only and shall have no interpretative effect or impact whatsoever.
  2. Methods of Participation
    1. No Purchase Necessary. NO PURCHASE OR OBLIGATION NECESSARY TO ENTER, PLAY OR WIN PRIZES. NON-PURCHASE ENTRIES AND PURCHASE ENTRIES HAVE AN EQUAL CHANCE OF WINNING.
    2. Open Play. Open play is available to anyone who registers on the Site and becomes a member, completes the registration process at www.SportsPlays.com, meets the qualifications set forth herein and affirmatively accepts these terms of use and the associated privacy policy. Open play consists of making predictions ("Plays") on the outcome of certain sporting events.
    3. Contests. Contests are defined in section 3 below. There are two methods of entry into Contests at SportsPlays.com. The two methods of entry are as follows:
      1. Full Access Membership Fee
        1. SportsPlays.com charges a fee to access certain areas of our site and receive certain membership benefits such as a searchable picks database, statistics and reports, pro advice, removal of some advertisements, and other features that are not available to free members. Full Access members will also be granted access to play in contests that begin and end during the membership period and participate in related activities on SportsPlays.com without having to complete a mail-in registration.
        2. FULL ACCESS MEMBERSHIP FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART FOR ANY REASON.
        3. Full Access Membership is only available to residents of the following states: Alaska, Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Iowa, Kansas, Louisiana, Maine, Massachusetts, Mississippi, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Utah, Vermont, Virginia, West Virginia, Wisconsin, Wyoming, District of Columbia. In addition, Full Access Membership is available to residents of Argentina, Australia, Brazil, Bulgaria, Canada, Egypt, Finland, France, Germany, India, Mexico, Norway, South Africa, Spain, Sweden, Switzerland, Turkey and the United Kingdom. 
        4. SportsPlays.com reserves the right to change the fees or billing methods at any time. Notice of any change will be posted on SportsPlays.com at least thirty (30) days in advance of the change. You are responsible for reviewing the billing requirements of SportsPlays.com to obtain timely notice of such changes. Continued use by you of the Service thirty (30) days after posting of the changes on SportsPlays.com constitutes acceptance of such changes. If you decide to cancel your Full Access membership, SportsPlays.com will not refund any fees accrued to your Account before you canceled. SportsPlays.com will not prorate fees for any membership. If your use of our services is subject to use or sales tax, SportsPlays.com may charge you for any use or sales tax.
      2. Mail In Entries
        1. OFFLINE, NO-PURCHASE-NECESSARY, METHOD OF ENTRY: As an alternate means of entry into Contests, a player must:
          1. Register at SportsPlays.com as a free player; and
          2. For each thirty-day period that you want to participate in Contests, send a 3-inch x 5-inch card on which the player has legibly handwritten "SportsPlays Contest Entry", the player's SportsPlays display name, First and Last Name, Complete Mailing Address (e.g. Street, City, State, ZIP code), Email Address, and the thirty-day period beginning at 12:01 a.m. Eastern time on the first day and ending at midnight on the thirtieth day in which the player would like to participate (one thirty day period per card) in mm/dd/yyyy format. The card must be placed in a #10 envelope, and mailed to PO Box 6394, Denver, CO 80206. No photocopies, reproductions or facsimiles of the 3 inch x 5-inch card are allowed. Limit: 1 card per envelope.
          3. Entries must be received no earlier than fourteen (14) calendar days prior to the thirty day period in which entry is requested and no later than seven (7) calendar days prior to the thirty day period in which entry is requested. SportsPlays.com shall not be responsible for late, lost, illegible, incomplete, stolen, misdirected, mutilated or postage-due mail.
          4. The odds of winning any prize will be the same by mail in entry as by online Full Access membership. All participants entering through this means will be accorded equal opportunities to participate and win in events held at SportsPlays.com.
          5. This method of entry provides mail-in entrants with the same exact Contest eligibility as Full Access Members on SportsPlays.com.
          6. Odds are based on the number of entrants.
    4. Use of Play Money. Play Money is one currency used in Open Play. Play Money may reside in a user's Primary Balance, Bonus Balance or Pending Balance. Users who are referred from Moola.com and who do not choose to use Play Money will instead use Moola currency to play. These users who do not use Play Money are not eligible for any prizes based on Play Money play.
      1. Play money in the Primary Balance may be exchanged for various prizes once certain criteria have been met including, but not limited to:
        1. A specified minimum Primary Balance reached
        2. Eligibility is confirmed
        3. Cumulative revenue from advertising meets or exceeds the cumulative amount of prizes being requested
      2. The rules for exchanging Primary Balance Play Money for prizes is detailed in the "Cash Out" section of the website.
      3. Play money in the Bonus Balance and Pending Balance may not be exchanged for prizes.
      4. Play money has no cash value whatsoever and cannot be used for any purpose except as provided in this section.
      5. You agree that SportsPlays.com is an entertainment experience and that in order to ensure that your activities on this website are not considered to be gambling, you are not able to risk your own money or valuable property. As such, your account balance is legally worthless until SportsPlays.com actually gives it to you. SportsPlays.com intends to pay you provided that (i) meet the qualifications for payment, (ii) we are legally permitted to pay you, and that (iii) you do not breach this Agreement or our policies.
      6. Any reference to "¢", "$", "cash", "dollars" and "pennies" in the site and in this Agreement refers to SportsPlays Play Money which is a non-negotiable point system and is not money, a substitute for money nor a negotiable currency. As a point system, Play Money is only a means of keeping score within the site. Play Money has no value whatsoever.
      7. You shall not use Play Money for payment, sell them to someone else, or exchange it for something of value.
      8. SportsPlays.com may decrease, without compensation, the amount of Play Money in your account at any time in our sole discretion. You have no rights or entitlements to Play Money under this Agreement and you irrevocably waive all rights that you may have under common law, statute, or otherwise. Play Money does not represent an entitlement to legal tender, value, or prizes. SportsPlays.com has no liability to make any payment to you. SportsPlays.com may choose, in its sole discretion, not to approve a payment or withhold payment for any reason whatsoever including, without limitation, non-payment from our advertisers, suspected fraud with your account, etc. SportsPlays.com may also pay you an amount lower than the amount you requested.
      9. All payments made to you are in the nature of a gift from SportsPlays.com to you, and not compensation for your efforts, activities, or your time. All prizes and payments are made in our sole discretion; we may choose to pay or not pay any person as we solely determine.
      10. If we do pay you, you are responsible for and will indemnify us from all taxes, shipping fees, and 3rd party costs resulting from that payment. You acknowledge that this provision shall apply in spite of any contrary or inconsistent course of dealing in respect of Play Money, money, prizes or payments.
  3. Description and Rules of Play
    1. The management of SportsPlays.com reserves the right to refuse or limit any play and to restrict playing on any event at any time without any advance notice. The Internet is not a 100% reliable medium and that Internet Plays are not guaranteed. You will not be offered compensation of any nature for any Plays that are not accepted by SportsPlays.com's transaction server, no matter what the reason. Conversely, Plays are valid when they are accepted by the transaction server. If you have any doubts about your Play being valid, you should check your SportsPlays.com account and/or contact Customer Service immediately. Plays cannot be cancelled once made.
    2. Any and all plays placed in an attempt in any way to defraud SportsPlays.com and/or made by or contracted by any bookmaker, gambling syndicate, and/or any person, parties, organization, friends or relatives either individually or in partnership or in conjunction with any other person, parties, organization, friends, relatives, firms or corporations in any manner whatsoever who carry on or become engaged in or concerned with or interested in or advise, lend money to, guarantee the debts or obligations of any business of the kind or similar to the kind of business of SportsPlays.com shall be voided. Anyone deemed to be playing in a syndicate-like fashion so as to receive winnings will have all winnings from said activity withheld and will not receive a payout of any kind in direct relation to the aforementioned.
    3. Players cannot cancel, change, or modify a play in any way once it has been received and accepted by SportsPlays.com.
    4. Plays will be accepted up to the starting time of the sporting event.
    5. A play shall be deemed to be invalid when it is submitted later than the deadline or it is completed erroneously or incorrectly or it is a play on an obvious line error or it isn't accepted by the transaction server for some reason.
    6. Before accepting any play, the management of SportsPlays.com reserves the right to limit the maximum amount played. Notwithstanding the foregoing, minimum and maximum plays shall be determined solely and exclusively by SportsPlays.com. See the "Rules" section of the website for more information on minimum and maximum plays.
    7. The management of SportsPlays.com monitors all plays to aid in properly settling disputes. Records of all transactions are saved to a file on a backup system. The transaction log database shall serve as the final authority in disputes involving plays. Players are solely responsible for verifying the accuracy of all their account transactions.
    8. It must be understood that printed odds are for information purposes only and that they are subject to change. However, with the exception of obvious line errors, the odds that are quoted at the time plays are accepted shall be deemed valid and will be used to determine winners, losers, and ties. SportsPlays.com shall maintain a record of all final scores and results, and statistics to protect both players and SportsPlays.com in the case of obvious mechanical or human error. SportsPlays.com is not liable for printing or other errors relative to the transfer of information. SportsPlays.com reserves the right to inform the public of obvious mistakes/errors (i.e., the incorrect posting of odds), and to make the appropriate adjustments.
    9. In the case of an obvious error on a posted line or odds, any and all single plays will be graded "Void" and all play money to cover said plays will be returned to players' accounts for picks not yet graded. Parlays not yet graded involving such lines will be reduced accordingly. SportsPlays.com will adjust the line appropriately to remedy the situation, and the line replacing the obvious error will be deemed the true line or odds for playing purposes. This rule must be understood and accepted by players who notice the error. Any winnings achieved as a result of picks that were placed using erroneous lines or odds may be removed from your account, at any time.
    10. Plays in the system are automatically void if counterfeited, forged, altered or tampered with in any way; if mechanically or electronically reproduced; if obtained outside authorized legitimate channels; or if they contain printing, production, typographical, mechanical, electronic transmission or any other errors.
    11. Players accept all responsibility for any play placed from their confidential account whether placed by them or not, provided the correct login information is used to access the Site. Specifically, players accept all responsibility for any transactions placed on their account by anyone else that received the confidential login information from them, whether voluntarily or otherwise.
  4. Player Eligibility
    1. Subject To Local Laws. You are subject to the laws of the country, state, city or other legal entity (collectively "Jurisdiction") in which you reside and/or from which you access the Site. Access to the Site may not be legal for some or all residents of, or persons present in, certain Jurisdictions. It is your responsibility to determine the law that applies in the applicable Jurisdiction, and SportsPlays.com does not make any representation or warranty, express or implied, as to the lawfulness of your participation in the game, or that materials on this Site are appropriate for use in your Jurisdiction. SportsPlays.com does not intend that the Site be used by persons present in Jurisdictions in which the playing of games for free or entering sweepstakes may be prohibited or restricted. You agree that the Site does not constitute an offer, solicitation or invitation by SportsPlays.com for the use of any service in any Jurisdiction in which such activities are prohibited or restricted. You agree that, and SportsPlays.com asserts that, SportsPlays.com shall not have any responsibility under any laws in any Jurisdiction, other than the state of Colorado in the United States. SportsPlays.com further reserves the right to require you to provide proof that you are eligible to participate and win prizes prior to payment of any winnings or prizes. Proof of eligibility includes, but is not limited to, a copy of a valid government issued identification and proof of address. SportsPlays.com also reserves the right, in its sole and absolute discretion, to refuse service and access to any potential participant.
    2. Parental Control. Parental control protections (such as computer hardware, software or filtering services) are commercially available and may assist you in limiting access to material that is harmful to those under eighteen (18) years of age, or the legal age to participate in games or sweepstakes in the applicable Jurisdiction, whichever is higher.
  5. Registration
    1. Initial Account Establishment. To register on the Site and become a member, you must complete the registration process at SportsPlays.com and affirmatively accept these terms of use and the associated privacy policy.
    2. Continuing Duty and Affirmation. Each time you use the Site, you represent and warrant to SportsPlays.com that: (i) you are at least eighteen (18) years of age, or the legal age to participate in this game in the applicable Jurisdiction, whichever is higher; (ii) your access to the Site, your participation in this game, and SportsPlays.com's offering and operating the game are legal in your applicable Jurisdiction; (iii) the e-mail address submitted by you is owned or controlled by you; and (iv) all information you provide is true, accurate, current and complete. All such representations and warranties are relied upon by SportsPlays.com. By applying for registration, you authorize SportsPlays.com to make any and all enquiries as SportsPlays.com in its sole discretion considers necessary to verify the information provided by you. SportsPlays.com may require you to submit such proof of age, identity and place of residence as it may require, at any time. SportsPlays.com reserves the right to suspend and/or terminate your registration and/or account where it has grounds to suspect that any of your provided information is untrue, inaccurate, not current or incomplete. You maintain the responsibility to promptly update the information provided at registration to keep it true, accurate and complete.
    3. No Employees. No employee or paid contractor of SportsPlays.com or of any of its parent companies, subsidiaries or affiliates, licensees, advertising, promotional or other agencies, software suppliers and/or developers is permitted to win any prizes on the Site. Any such person found to have violated this provision shall not be entitled to collect any winnings.
    4. One Account Only. One Account Per Household. No Correlated Picking Accounts. You may only register one account for yourself. Only one registered account per household is allowed. You hereby acknowledge and agree that you shall not register more than one account, for yourself. If it is determined that you have registered more than one account, or there are more than one accounts registered to your household, then you acknowledge and agree that you shall not be eligible to win any prizes and you may be excluded from play. If more than one account is deemed to have highly correlated picks (sharing a high percentage of picks that would indicate picks are being shared and are not of a random nature), then those accounts will not be eligible to win any prizes and you may be excluded from play.
    5. Affirmation of Skill & Fairness. YOU HEREBY ACKNOWLEDGE AND AGREE THAT THIS GAME IS A CONTEST THAT ARE DETERMINED PRIMARILY BY SKILL AND THAT NO CONSIDERATION IS REQUIRED FOR YOU TO PARTICIPATE IN THE GAME. ADDITIONALLY, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS AND THAT THESE TERMS AND CONDITIONS ARE FAIR.
    6. Full Access Services. By completing the Full Access registration, you authorize SportsPlays.com to charge applicable recurring Full Access fees to your designated credit card. Monthly Full Access members are billed on a 30-day cycle, which begins upon Full Access registration (or at the end of a limited trial period, if applicable to a promotion that you joined through) and ends 30 days thereafter (each a "Full Access Month"). If you have signed up for an annual or quarterly Full Access plan, you are billed one time at the beginning of each applicable billing period. If you do not cancel before the end of the period, SportsPlays.com will automatically renew your Full Access plan at the end of the period and you will be billed according to the plan you are currently on. If your use of our services is subject to use or sales tax, then SportsPlays.com may also charge you for any such taxes, besides the Full Access fee or other fees published at SportsPlays.com. SportsPlays.com reserves the right to change our fees or billing methods at any time. SportsPlays.com will post any such changes in this Terms and Conditions section on at least thirty (30) days before they become effective. You are responsible for reviewing the terms and conditions section of SportsPlays.com to obtain timely notice of such changes. Continued use of the Service of thirty (30) days after posting of the changes on SportsPlays.com means that you accept such changes. If you decide that any change is unacceptable, you may cancel your Full Access membership. SportsPlays.com will only refund fees that have not accrued to your account before cancellation of your Full Access membership. To cancel your Full Access membership visit SportsPlays.com and contact Support. SportsPlays.com is not responsible for any results, such as an overdraft fee, that may occur to your account because of pending charges.
  6. Account Identifiers
    1. Secrecy Obligation. Once you have selected and been allocated a unique username and password or other appropriate security code ("Identifiers"), it is your responsibility to keep these Identifiers secure and confidential. Some or all of these Identifiers are required to access certain areas of the Site. In the event that you are concerned that they are no longer secure and confidential, you should immediately notify SportsPlays.com by sending an e-mail to support@sportsplays.com, whereupon new Identifiers may be selected and allocated and any future transactions under the previous Identifiers may be voided, at the sole discretion of SportsPlays.com. Without limiting the foregoing, any transactions made and accepted on the Site where your Identifiers have been used (and where you have not previously notified SportsPlays.com as provided herein) will be treated as valid.
    2. No Transfer. Your account is not transferable. Under no circumstances, shall you allow or permit any other person or third party, including without limitation any person under the legal age to participate in games or sweepstakes, and in no event any person under the age of eighteen (18) years, to use or re-use your account or your Identifiers in such a way that may breach the standards or laws in any Jurisdiction where you are located and/or are a resident, or where such other person is located and/or is a resident. Any person found to have violated this section will not be entitled to collect any prizes or winnings and may be reported to the relevant authorities.
    3. You Are Responsible. You agree to be solely responsible for all use of the Site (including without limitation participation in games or sweepstakes) through the use of any of your Identifiers (except where you have notified SportsPlays.com as provided above) and you agree to indemnify and hold harmless SportsPlays.com, along with its parent company, affiliates, managers, agents and directors, for any and all claims, losses, liability, damages and costs (including attorneys' fees and expenses) arising from such use.
  7. No Interest. Any monies or prizes held in your account shall not bear interest in your favor. If you win any money or prizes from the game, then you are solely responsible for and required to make all arrangements for the payment of any taxes due from you in your applicable Jurisdiction.
  8. Account Suspension
    1. Right To Cancel Account. SportsPlays.com reserves the right to refuse or cancel your registration and/or account for any reason whatsoever at any time with or without notice to you.
    2. Investigation. If your account is terminated or suspended, SportsPlays.com reserves the right to determine whether to declare as void any transactions placed by you.
  9. Site Use
    1. Site Operation. SportsPlays.com reserves the right to refuse service, prevent access to the site, terminate accounts, remove or edit content, in our sole discretion. SportsPlays.com may impose limits on certain features and services or restrict your access to parts or all of the website without notice or liability. SportsPlays.com may make modifications to (including discontinue or suspend) any benefits to you, or any aspect or feature of the website at any time, including the availability of any feature, database, or content without any liability to you. Your use and continued use of the website means you agree to these changes. Nothing in this Agreement imposes upon SportsPlays.com any obligation to provide any support, including any updates (including bug fixes) to the website, to investigate website errors, or to respond to any inquiries.
    2. Services May Change or End. SportsPlays.com reserves the right, in its sole discretion, at any time and without notice to you, to add, alter or discontinue services offered on the Site without creating any obligation to you.
    3. You Must Obey Guidelines and Rules. When using the services on the Site, you agree that you are subject to any guidelines, policies or contest rules applicable to such services, which may be posted from time to time. All such guidelines, policies or contest rules are hereby incorporated by reference into these terms. You fully accept that all computer instructions and responses sent over the Internet to and from SportsPlays.com and/or through use of software will be binding on you. Your commercial use of the Site or any of the online contests is strictly forbidden.
    4. Telecom and Access Fees. You are solely responsible for obtaining access to the Site and that access may involve third party fees, including without limitation, Internet service provider, telephone, cable or airtime fees. You are solely responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are solely responsible for all equipment necessary to access the Site.
    5. Odds, Risk and Fair Play. You acknowledge and agree that the game and play are skill based contests that measure your ability to predict outcomes and manage risk against the skills of others and that you are not likely to profit from this entertainment endeavor.
    6. Cheating. You acknowledge and agree that you shall not cheat, attempt to cheat, or otherwise interrupt or attempt to interrupt the operations of the Site or any particular Site service or contest. If SportsPlays.com believes in its sole discretion that you have engaged, or attempted to engage, in any act to cheat, use automated technology or otherwise unfairly alter your likelihood of winning, or to otherwise commit fraud with regard to the Site, then, in such an event, you will forfeit all prizes or winnings to which you may otherwise be entitled, and SportsPlays.com reserves the right to institute civil or file criminal proceedings against you and to report you to the relevant regulatory authorities.
    7. Behavior & Responsibility
      1. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of any Site or use of any portion of the Site for any commercial purposes.
      2. You shall not register multiple accounts or influence picks of multiple accounts or use any automated technology, including but not limited to robots, scripts, macros, and/or programs, LAN play, or engaging in team play on any SportsPlays.com web site, including but not limited to the Site. You acknowledge and understand that any attempt to participate in any service offered on any SportsPlays.com Site by means of automatic, macro, programmed, or similar methods, or to otherwise cause similar picks to be placed on multiple accounts or commit fraud with regard to any SportsPlays.com Site, will result in civil and/or criminal prosecution, termination of your account, and forfeiture of all winnings to which you may otherwise be entitled.
      3. You shall accept and abide by the play rules and contest rules set forth on SportsPlays.com, to be amended from time to time by SportsPlays.com in the sole discretion of SportsPlays.com.
      4. You agree that SportsPlays.com is not liable for any loss caused by any unauthorized use of your credit card by a third party in connection with any SportsPlays.com Site or any third party site.
      5. Any attempt to defraud any SportsPlays.com site through the use of credit cards or any other form of payment, regardless of the outcome, or any failure by you to honor charges or requests for payment will result in immediate termination of your account, forfeiture of any winnings to which you are otherwise entitled, and civil and/or criminal prosecution.
      6. You agree that SportsPlays.com is not, and shall not be, responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of any SportsPlays.com site or your account.
      7. You, as the holder of your account, are solely responsible for all obligations and are entitled to all benefits therefrom, and may not allow any other person to access your account, access any SportsPlays.com site, accept any winnings, or participate in any services using your account information. Your account is not transferable to any other person. By registering and/or participating in any services offered on the SportsPlays.com site, you agree to indemnify, defend, and hold SportsPlays.com harmless from or for any claims, liability, damages, and/or costs (including attorneys' fees) arising from any use of your account by any person.
      8. You agree to never transmit data, conversation, or any other information that may be (i) be defamatory or offensive, (ii) slanderous, (iii) rude, (iv) infringe the rights of any third party, (v) provide information regarding playing contests on the Site, or (vi) deemed generally unacceptable behavior in the sole discretion of SportsPlays.com.
    8. Computer Errors. You acknowledge that full freedom from errors and incompleteness is impossible to achieve with respect to computer software. If you become aware that the software contains any error, or is incomplete, you shall immediately notify SportsPlays.com by e-mail at support@sportsplays.com. You agree to refrain from taking any advantage whatsoever of that error or incompleteness and SportsPlays.com reserves the right to recover any such advantage that you do gain from such error or incompleteness, as well as all associated costs, damages and expenses in making such recovery. SportsPlays.com will not be liable for any alleged winnings that are, in SportsPlays.com's sole discretion, the result of a system error or malfunction. We will not be liable to any person for any obligation other than that for which is specifically provided for by these terms of use; for the failure of, or losses resulting from damage to, or destruction to our central computer system or records, or any part thereof; for the failure of, or losses resulting from damage to, or destruction to your computer software or hardware; for delays, losses, errors or omissions resulting from failure of any telecommunications or other data transmission system; for any delay resulting in non-receipt of any entry for a particular game or sports play. We will not be liable for any loss in the event of force majeure, including but not limited to loss occurring as a result of an Act of God, an outbreak of hostilities, riot, civil disturbance, an act of terrorism, the act of any government or authority (including refusal or revocation of any license or consent, and/or expropriation), fire, explosion, flood, theft, malicious damage, strike, lock-out, or industrial action of any kind.
    9. Accuracy and Reliability. The website is an Internet-based game and entertainment site. SportsPlays.com does not represent, warrant, or endorse the accuracy, reliability, completeness or timeliness of any of the information, content, views, opinions, recommendations, advertisements, images, sounds, and text (collectively, the "Materials") contained on, distributed through, or linked, downloaded or accessed from any of the services contained on the website (the "Service"), nor the quality of any products, information or other Materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Service (the "Products"). You hereby acknowledge that any reliance and use of the Materials, Service, or Products shall be at your sole risk. SportsPlays.com reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Service or the Materials.
    10. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
      1. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
      2. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MOOLA OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
      3. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
    11. Verification. Whenever SportsPlays.com requests additional verification, proof or documentation from you, including without limitation a copy of your passport, driver's license or utility bill, such materials must be sent by facsimile, mail or such other means of communication specified by SportsPlays.com. Such materials will become the property of SportsPlays.com and will not be returned to you.
    12. Referrals
      1. If you are a SportsPlays.com member and you refer a "Valid Person" (as defined below) to SportsPlays.com through SportsPlays.com's referral process, and that person becomes a member of the Site, you are eligible to receive additional Play Money per the rules posted on the Site in the Refer-A-Friend section. The rules are subject to change at any time at the sole discretion of SportsPlays.com
      2. A Valid Person must be a new customer (and unique to SportsPlays.com), over the age of 18 that registers for SportsPlays.com and is not registered under any other name or alias and submits a valid email address and submits their legal First and Last Name and accepts the SportsPlays.com Terms & Conditions. SportsPlays.com reserves the right to determine in its sole discretion whether a customer is a Valid Person. By entering a referral e-mail address, you hereby authorize SportsPlays.com to use your name to extend an invitation to the user of that e-mail address to join SportsPlays.com.
      3. We may modify any of the terms and conditions of or cancel the referral program, at any time and in our sole discretion, by posting a change or cancellation notice on our site. Modifications may include, for example, changes in the scope of available Play Money bonus, and of referral program rules.
      4. Any abuse of the referral program may result in the cancellation of the above bonuses or entry, as well as account closure, at our sole discretion.
  10. Third Party Websites
    1. Other Sites Are Not Our Responsibility. This Site may link you to other websites, which websites may contain information or material that some people may find objectionable. These other websites are not under the direct control of SportsPlays.com and you acknowledge that SportsPlays.com is not responsible for the accuracy, copyright and trade mark compliance, legality, decency or any other aspect of the content of such websites. You further acknowledge and agree that SportsPlays.com 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 third party content, goods or services available on or through any such website. This website may include hyperlinks to web sites operated by parties other than SportsPlays.com including advertisers and other content providers. Those sites may collect data or solicit personal information from you. SportsPlays.com does not control such web sites, and is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect.
    2. Interactions with Advertisers. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that SportsPlays.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the website.
    3. Future Marketing. You hereby acknowledge and agree that SportsPlays.com and/or its affiliates may market products and services to you in the future.
  11. Proprietary Rights
    1. Intellectual Property. You acknowledge and agree that all content and materials available on this Site are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Designated trademarks, service marks and brands are the property of their respective owners. Reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this Site is strictly prohibited without the express written permission of SportsPlays.com. Except as expressly authorized by SportsPlays.com, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content. Notwithstanding the above, you may print or download one copy of the materials or content on this Site on any single computer at any given time for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Use of the content or materials for any purpose not expressly permitted in these terms is strictly prohibited.
    2. License. SportsPlays.com grants you a personal, non-transferable and non-exclusive right and license to use any necessary software used in connection with its services on any single computer at any given time, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, decompile, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software. You agree not to modify the software in any manner or form, or to use modified versions of the software, including, without limitation, for the purpose of obtaining unauthorized access to the Site. You agree not to access the Site by any means other than through the interface that is provided by SportsPlays.com for use in accessing the Site.
  12. Privacy and Submissions
    1. The SportsPlays.com site privacy policy is set forth in the Privacy Policy; you hereby agree to the terms of this policy and acknowledge that such terms and policies may be changed without specific notice to you.
    2. If you send comments or suggestions, including, but not limited to, notes, text, drawings, pictures or computer programs, to SportsPlays.com or through the website, such submissions shall become, and shall remain, the sole property of SportsPlays.com. No submission shall be subject to any obligation of confidence on the part of SportsPlays.com. SportsPlays.com shall exclusively own all rights to, and shall be entitled to unrestricted use of, all such submissions without compensation to you.
  13. No Warranty
    1. YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
    2. ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE ("MATERIALS") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE MATERIALS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, SportsPlays.com, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL MEET YOUR REQUIREMENTS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
    3. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SPORTSPLAYS.COM OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
    4. SPORTSPLAYS.COM DOES NOT WARRANT ANY CLIENT SOFTWARE YOU MAY DOWNLOAD FROM THE SITE OR FROM RELATED SITES. ALL MATERIALS, INFORMATION, CLIENT SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE ("CLIENT MATERIALS") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CLIENT MATERIALS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, SPORTSPLAYS.COM, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CLIENT MATERIALS ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL MEET YOUR REQUIREMENTS; THAT THE CLIENT MATERIALS OR SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS IN THE CLIENT MATERIALS WILL BE CORRECTED; OR THAT THE CLIENT MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CLIENT MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
  14. Limitation of Liability. IN NO EVENT SHALL SPORTSPLAYS.COM, ITS SUBSIDIARIES, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE, INCLUDING UNAUTHORIZED ACCESS TO OR ALTERATIONS TO YOUR TRANSMISSIONS OF DATA. UNDER NO CIRCUMSTANCES WILL SPORTSPLAYS.COM BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SITE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SPORTSPLAYS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU ACKNOWLEDGE THAT YOU MAY NEVER RECEIVE CASH OR OTHER REWARDS AWARDED AS A RESULT OF YOUR PARTICIPATION IN THE WEBSITE. YOU AGREE TO BEAR THE ENTIRE RISK AS TO THE QUALITY, RESULTS AND PERFORMANCE OF THE WEBSITE. YOU ACKNOWLEDGE THAT THE WEBSITE, THE INTERNET, OR YOUR COMPUTER MAY NOT FUNCTION PROPERLY OR AT ALL. YOU FURTHER ACKNOWLEDGE THAT THE WEBSITE MAY MALFUNCTION OR CONTAIN ERRORS AND OTHER PROBLEMS THAT COULD CAUSE YOU A PARTIAL OR COMPLETE SYSTEM FAILURE INCLUDING, BUT NOT LIMITED TO, PARTIAL OR COMPLETE CORRUPTION OF YOUR DATA, ACCOUNT BALANCES, OR ACCOUNT INFORMATION. YOU FURTHER ACKNOWLEDGE THAT MOOLA SHALL NOT HAVE ANY LIABILITY TO YOU OR TO ANY TO OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF MOOLA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE; OR FOR CLAIMS BY A THIRD PARTY. THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM, OR A FUNDAMENTAL BREACH.
  15. Sole Remedy. IN ANY EVENT, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY LIABILITY RELATING TO OR ARISING OUT OF THE SERVICE OR THIS AGREEMENT, REGARDLESS OF THE FORM IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT, SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICE AND TERMINATE THIS AGREEMENT.
  16. Legal Fees. If any action at law or in equity is necessary to enforce or interpret SportsPlays's rights under this Agreement the terms of this Agreement, or any of the provisions hereof, SportsPlays.com shall be entitled to recover from you, in addition to any other relief to which SportsPlays.com may be entitled, reasonable legal fees, interest, costs and necessary disbursements.
  17. Assignment. You may not assign, in whole or in part, any of your rights or obligations under this Agreement, without the written consent of SportsPlays.com. You agree that your SportsPlays.com account is non-transferable and any rights to your SportsPlays.com username or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
  18. Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Terms of Use, there shall be no third-party beneficiaries to this agreement.
  19. Indemnity. You agree to defend, indemnify and hold harmless SportsPlays.com and its parent, subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from all liabilities, actions, claims and expenses, including legal fees, asserted by any third party, governmental body or governmental agency, arising out of or relating to: (a) this agreement; (b) your use of the Site, including any data or work transmitted or received by you or any service provider; (c) your connection to any SportsPlays.com site; (d) your violation of this agreement; (e) your violation of any gaming regulations, edicts or laws to which the you are subject; or (f) your violation of any rights of a third party or service provider.
  20. Right To Cancel Play and Contests. If SportsPlays.com, its parents, affiliates, managers, or directors determines that operating the game and/or contests are not feasible for any reason, including, but not limited to, a change in the risk of operating the Site and/or contests, or insufficient participation in the Site and/or contests, then the game and/or contests may be ended by SportsPlays.com and SportsPlays.com shall owe you nothing. SportsPlays.com, its parents, affiliates, managers, or directors, may in their sole and absolute discretion have a drawing for any prizes in the event that the game is cancelled.
  21. Consumer  Disclosure. NO PURCHASE OR OBLIGATION NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.
  22. Miscellaneous
    1. Incorporation. You agree that this agreement and all incorporated agreements may be automatically assigned by SportsPlays.com, in its sole discretion, to a third party in the event of a merger or acquisition.
    2. No Waiver. SportsPlays.com's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. SportsPlays.com's failure to enforce in one or more instances any of these terms shall not be construed as a waiver of the future performance of any term.
    3. Severability and Integration. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and SportsPlays.com with respect to this Site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and SportsPlays.com with respect to this Site. If any part of these terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
    4. Notices. Except as expressly stated otherwise, any notices to SportsPlays.com shall be made by registered mail to SportsPlays.com, Attention: Legal Department, PO Box 6394, Denver, CO 80206. Notices to you may be made to the e-mail address you provide to SportsPlays.com during the registration process or by postal mail (including registered mail) to the address you provide to SportsPlays.com during the registration process. Notice sent to you shall be deemed given twenty-four (24) hours after e-mail is sent and three (3) days after the date of mailing.
    5. Time 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 this agreement or use of the Service must be filed within one (1) year after such claim or cause of action arises or be forever barred.
    6. Choice of Law and Forum. These terms shall be governed by and construed in accordance with the laws of Colorado, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these terms, the game or your use of this Site shall be resolved in accordance with the dispute resolution terms set forth in Section 19.g of these terms.
    7. Dispute Resolution. You and SportsPlays.com agree that any Dispute between you and SportsPlays.com will be resolved exclusively and finally by arbitration administered by the National Arbitration Forum ("NAF") and conducted under its rules, except as otherwise provided below. You and SportsPlays.com will agree on another arbitration forum if NAF ceases operations. The arbitration will be conducted before a single arbitrator, and will be limited solely to the Dispute between you and SportsPlays.com. The arbitration, or any portion of it, will not be consolidated with any other arbitration and will not be conducted on a class-wide or class action basis. The arbitration shall be held at a reasonable location in Denver, Colorado. If you prevail in the arbitration of any Dispute with SportsPlays.com, SportsPlays.com will reimburse you for any fees SportsPlays.com you paid to NAF in connection with the arbitration. Any decision rendered in such arbitration proceedings will be final and binding on the parties, and judgment may be entered thereon in any court of competent jurisdiction. Should either party bring a Dispute in a forum other than NAF, the arbitrator may award the other party its reasonable costs and expenses, including attorneys' fees, incurred in staying or dismissing such other proceedings or in otherwise enforcing compliance with this dispute resolution provision. You understand that, in the absence of this provision, you would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class action basis, and that you have expressly and knowingly waived those rights and agreed to resolve any Disputes through binding arbitration in accordance with the provisions of this paragraph. This arbitration provision shall be governed by the Federal Arbitration Act, 9 U.S.C. Section 1, et seq. For the purposes of this provision, the term "Dispute" means any dispute, controversy, or claim arising out of or relating to (i) this agreement, its interpretation, or the breach, termination, applicability or validity thereof, (ii) the related order for, purchase, delivery, receipt or use of any product or service from SportsPlays.com, or iii) any other dispute arising out of or relating to the relationship between you and SportsPlays.com; the term "SportsPlays.com" means SportsPlays.com and its parents, subsidiaries, affiliates, directors, officers, employees, beneficiaries, agents, assigns, component suppliers (both hardware and software), and/or any third party who provides products or services purchased from or distributed by SportsPlays.com. Information may be obtained from the NAF on line at www.arb-forum.COM, by calling 800-474-2371, or writing to P.O. Box 50191, Minneapolis, MN, 55405.

By accessing this website and checking the "I Agree" box, you represent that you have read this agreement in its entirety, understand its terms, are duly authorized to execute this agreement on behalf of yourself, and you will be bound by these terms.

Please see our DCMA (Digital Millennium Copyright Act) policy here