JACKPOT FANTASY

(JACKPOTFANTASY.com)

FANTASY SPORTS: Terms of User

The following Terms of Use outline all of your rights and obligations when using the JACKPOT FANTASY ("www.JACKPOTFANTASY.com") website.

1. ACCEPTANCE OF TERMS

The web pages available at www.JACKPOTFANTASY.com (JACKPOT FANTASY), and all linked pages ("Site"), are owned and operated by Touch This Media ("TTM"), which is a trading company of Touch This Media LLC. You access the site under the Terms of Use described below. Please read these terms carefully before using the Site. By accessing any part of the Site, or any content or services (as each is defined below) on the Site, you agree to these terms and conditions. If you do not agree, then you may not access the Site or use the content or services on the Site.

2. MODIFICATION OF TERMS OF USE

Except for Section 15, JACKPOT FANTASY reserves the right to modify or replace the Terms of Use at any time. You shall be responsible for reviewing and becoming familiar with those modifications. Use of the Site following such notification constitutes your acceptance of the modified terms and conditions.

3. ELIGIBILITY

Corporate entities and similar organizations are not eligible to use the JACKPOT FANTASY site for any purpose. You hereby agree that you are a natural person, and are completely competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these terms. You also agree to comply with these terms.

In order to deposit money to play paid entry games you must be:

  • You must be 18 years of age or older
  • You must be a citizen or resident of the United States of America or Canada and that
  • You must have an address and be physically located in the United States of America or Canada.
  • You must reside in a jurisdiction in which your participation in any contest is not prohibited by law
  • You agree to abide at all times by these Terms of Use and any other agreements between you and JACKPOT FANTASY.
  • You are not a resident of any of the states prohibiting paid games: Arizona, Iowa, Louisiana, Washington or Montana.
  • You are not subject to backup withholding tax because: (a) you are exempt, or (b) you have not been notified by the Internal Revenue Service that you are subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified you that you are no longer subject to backup withholding.

If you do not meet the eligibility requirements, then you may not use the JACKPOT FANTASY service, and JACKPOT FANTASY reserves the right to suspend or terminate your account. In addition, JACKPOT FANTASY reserves the right to withhold or revoke the awarding of any prizes associated with your account.

JACKPOT FANTASY may require you to provide proof that you are eligible to participate according to this section prior to receiving a prize.

You may establish only one account to participate in the activities offered on the JACKPOT FANTASY service. In the event JACKPOT FANTASY discovers that you have opened more than one account, JACKPOT FANTASY reserves the right to suspend or terminate any or all of your accounts and terminate, withhold or revoke all prizes.

JACKPOT FANTASY employees may not withdraw money or prizes for themselves, but may use the JACKPOT FANTASY service for the purpose of testing the user experience. TTM consultants or promoters may play in contests without limitation, and do not have any access to non-public site data or any other data not made available to all players on the site. In summary, they will not receive any advantages in their play on the site.

Athletes may not participate in any JACKPOT FANTASY contests in which they or any part of their team are available for selection.

4. CONDITIONS OF PARTICIPATION


Registration

In order to participate in any contest on the Site, you must register for an account. Through the registration process, you agree to provide accurate, current and complete information about yourself as prompted, and maintain and promptly update the Registration Data to keep it current and complete. If JACKPOT FANTASY has reasonable grounds to suspect that Registration Data is inaccurate or incomplete, JACKPOT FANTASY may deny you access to areas requiring registration.

Account Password and Security

You must provide a valid email address and supply a User Name and Password at the time of registration. These will be used in conjunction with your account for online account access. Many portions of the Site require registration for access. You are responsible for maintaining the confidentiality of your User Name and Password, and are fully responsible for all site activity under your User Name and Password, whether by you or others.

You agree to (a) keep your User Name and Password confidential and not share them with anyone; (b) immediately notify JACKPOT FANTASY of any unauthorized use of your User Name and Password or account, (c) use only your User Name and Password to access the Site's Restricted Areas. JACKPOT FANTASY will not be liable for any loss or damage that arises from your failure to comply with this Section.

You agree that JACKPOT FANTASY is authorized to act on instructions received through use of your User Name and Password. In addition, you agree that JACKPOT FANTASY may deny access or block any transaction made through use of your User Name and Password, if we believe they are being used by someone other than you, or for any other reason.

Publicity

By entering a Contest, you agree to the use of your name, voice, and likeness in connection with the development, production, and distribution of the selected Contest and other JACKPOT FANTASY Contests, unless otherwise prohibited by law.

Winners agree that from the date of notification of their status as a potential winner, and until such time when notified that they no longer need to do so, will make themselves available to JACKPOT FANTASY for publicity, advertising and promotional activities.

JACKPOT FANTASY and Partners reserve the right to make public statements about the contestants and winner(s), on-air, on the Internet, and other media, before, during, or after the Contest. In all disputes that arise from the determination of the winner of JACKPOT FANTASY Contests, JACKPOT FANTASY is the judge and its actions are final and binding.

Contestants agree that JACKPOT FANTASY may announce any winner's name on the air, or on any of its websites, in connection with the marketing and promotion of JACKPOT FANTASY Contests operated by Touch This Media LLC.

Disqualification

JACKPOT FANTASY, in its sole discretion, may disqualify any entrant, refuse to award fantasy points or prizes and require the return of any prizes, if contestant engages in conduct JACKPOT FANTASY deems improper, unfair or adverse to the operation of the service or detrimental to other contestants. Improper conduct includes, but is not limited to: falsifying information to use the service or claim a prize; breaking any of these rules, accumulating points or prizes through unauthorized methods such as automated scripts; tampering with the administration of the service or trying in any way to tamper with the computer programs associated with this service; obtaining other contestants information, spamming other contestants; and abusing the JACKPOT FANTASY website in any way.

Contestant further acknowledges that forfeiture and/or return of any prize shall in no way prevent JACKPOT FANTASY from pursuing criminal or civil proceedings. In addition, this service may not be used for gambling.

JACKPOT FANTASY is not responsible for any incorrect entry information; human errors, technical malfunctions; failures, including public utility outages, latency, deletions or defects of any telephone system or network, computer systems, data, servers, providers, or software including without limitation any injury or damage to any entrant's or any other person's computer equipment relating to or resulting from participation in the service; inability to access any website, or any web pages of JACKPOT FANTASY; theft, tampering, destruction, or unauthorized access to, or alteration of, entries and/or images of any kind; data that is processed late or incorrectly or is incomplete or lost due to telephone, computer or electronic malfunction or traffic congestion on telephone lines or transmission systems, or the Internet, or any service provider's facilities, or any phone site or website; typographical, printing or other errors.

JACKPOT FANTASY is also not responsible for incomplete, illegible, misdirected or stolen entries. If the service is not capable of running as planned, or if the service or website becomes corrupted or does not allow the proper usage and processing of entries in accordance with the rules, or if infection by a virus, bugs, tampering, unauthorized intervention, actions by contestants, fraud, technical failures, or any other causes, in the opinion of JACKPOT FANTASYcorrupts or affects the administration, security, fairness, integrity or proper conduct of the service, JACKPOT FANTASY reserves the right, to disqualify any individual involved in such action and/or to cancel, terminate, modify or suspend the service, and select the winner(s) from all entries received. If such cancellation, termination, or suspension occurs, notification will be posted on the JACKPOT FANTASY website.

The failure of JACKPOT FANTASY to comply with any provision of these rules due to an act of God, war, fire, riot, earthquake, terrorism, actions of governmental authorities, except for compliance with applicable codes and regulations, or other event will not be considered a breach of terms.

No professional sports league or team is a sponsor or in any way affiliated with this service.

Communications and Disclosure

As a result of your registration for the Site, you may receive commercial communications from JACKPOT FANTASY related to content on the Site. You agree that these communications are part of your registration. It is your right to opt out of receiving these communications at any time by either using the unsubscribe functionality or sending an email to support@touchthismedia.com

You agree that JACKPOT FANTASY may access and disclose your account information if required by law or in belief that such access, disclosure is necessary: (i) to comply with the law; (ii) to enforce these Terms of Use; (iii) to respond to claims that content violates the rights of third parties; (iv) to respond to your requests for customer service; or (v) to protect the rights of JACKPOT FANTASY, its users and the public.

5. CONDUCT

As a condition of use, you promise not to use the Site for any purpose that is unlawful or prohibited by the Terms of Use, or any other purpose not intended by JACKPOT FANTASY. For example, you agree not to:

  • abuse, harass, impersonate, or threaten other JACKPOT FANTASY users;
  • post or transmit any materials ("User content") that are infringing, libelous, defamatory, abusive, offensive, pornographic or otherwise in violation of any law or right of any third party;
  • use the Site for any unauthorized purpose, or in violation of any applicable law, including intellectual property laws;
  • post or transmit any communication or solicitation designed to obtain private information from any JACKPOT FANTASY user;
  • create or submit unwanted email to any other JACKPOT FANTASY users;
  • infringe upon the intellectual property rights of JACKPOT FANTASY, its users, or any third party;
  • submit comments to affiliate programs, multi-level marketing schemes, sites repurposing stories or off-topic content;
  • post, email, upload, or otherwise transmit any material that contains software viruses or any computer code designed or functioning to interrupt the functionality of any computer software, hardware or telecommunications equipment;
  • use robot, spider, scraper, sniping software or any other automated means to access the JACKPOT FANTASY Site for any purpose except RSS feed access, without written permission from JACKPOT FANTASY. In addition, you agree that you will not: (1) take any action that imposes in our discretion an unreasonable load on our infrastructure; (2) interfere with the proper working of the JACKPOT FANTASY Site or any activities conducted on the Site; or (3) bypass any measures we use to prevent or restrict access to the Site;
  • use any artificial means, including but not limited to using multiple user accounts, to inflate your position and standing with the JACKPOT FANTASY leader boards and community;
  • advertise or solicit any user to buy or sell any products, or use any information obtained from the Site in order to contact, advertise to, solicit, or sell to any user without their prior consent;
  • sell or otherwise transfer your profile.

Violation of these rules may result in the removal of your content from the Site, the canceling of your account, or both. You agree that JACKPOT FANTASY may remove any User content and terminate any JACKPOT FANTASY account at any time for any reason (including, but not receipt of claims or allegations from third parties or authorities relating to User content). Please contact us to report abuse of our Terms of Use.

6. GAME RULES

JACKPOT FANTASY offers games of skill and winners are determined by the criteria stated in contest rules. For each contest, winners are determined by the individuals who use their skill and knowledge of professional sports information and fantasy sports rules to accumulate the most points. Points are earned through the performance of individual athletes across multiple sports events. All entries in JACKPOT FANTASY must be made up of players drawn from at least two sporting events.

Contest Term

JACKPOT FANTASY offers contests for multiple professional sports events taking place on a single day, week or entire sports season.

Prizes

After each contest is finished, prizes are generally awarded by 12:00 PST the following day. The player who selects the correct number of top performers at each position will be awarded a point. Based on the JACKPOT FANTASY pay table the player will be rewarded based on the number of top performers selected. Additionally, players who accumulate the most fantasy points will win prizes as listed in posted contest details. Prizes are added to the winning account balance. In the event of a tie, prizes are divided evenly between the tied players, unless otherwise specified.

Prizes are based on results as of the time when final scoring is calculated by JACKPOT FANTASY. Once prizes are awarded, scoring results will not be changed even if official adjustments are made by the professional leagues.

No substitution or transfer of prizes is permitted. All taxes associated with receipt of any prize are the responsibility of the winner. In the event that the award of any prizes to winners of the Contest is challenged by a legal authority, JACKPOT FANTASY reserves the right to determine whether or not to award such prizes.

Entry fees

Each paid JACKPOT FANTASY contest has an entry fee listed in US dollars. When you participate in a contest, that amount will be debited from your credit card. In the event of a disagreement regarding the identity of an entry, it will be determined to be received by JACKPOT FANTASY in whose User Name the entry was submitted, or if possession of the User Name is contested, the name in which the email address on file was registered with the email service provider.

Notification

Winners are generally posted on the JACKPOT FANTASY website after the conclusion of each contest by noon PST on the following day. Winners may be requested to return an affidavit of eligibility and appropriate tax forms. Failure to comply may result in disqualification. Any undeliverable prize notification may result in disqualification and selection of another winner. In addition, a list of winners for each competition may be obtained by writing to: JACKPOT FANTASY, c/o Touch This Media LLC., 3365 Fourth Avenue, San Diego, CA 92103.

Taxation

In January each year all winners who have won $600 or more (net all entry fees) over the previous year will be contacted to provide address and social security details. These details will be used to file a 1099-MISC with the IRS.

Bonuses and Promotions

We often offer bonuses to newly depositing users. These bonuses are for entry into competitions and can be withdrawn only if they have been entered into at least one game. In addition, if a user immediately withdraws money after a deposit that delivers a bonus, then the bonus will be subtracted. In the event of abuse of bonuses, JACKPOT FANTASY reserves the right to subtract user bonuses.

7. User Content

You agree that all User Content, including profile information and communications with other users, whether privately transmitted or made publicly available, is the responsibility of the person from which such User Content originated. This means that you are entirely responsible for all User Content you upload, post, share, email, or make available in any form, via the Site. Under no circumstances will JACKPOT FANTASY be liable for any User Content uploaded, posted, shared, emailed, or made available in any form, via the Site.

You acknowledge that JACKPOT FANTASY may or may not pre-screen User Content, but that JACKPOT FANTASY has the right, but not the obligation, to pre-screen, refuse, delete, or move any User Content available via the Site. JACKPOT FANTASY shall have the right to remove any User Content that violates these Terms or is objectionable in JACKPOT FANTASY’s discretion.

You understand that by using the Site, you may be exposed to User Content that you consider objectionable. You agree that you must bear all risks associated with the use or disclosure of any User Content. You further agree that you bear the sole risk of relying upon on any content available on the Site.

Regarding user content you submit or make available on the Site, you grant JACKPOT FANTASY an irrevocable, sub-licensable, perpetual, royalty-free, non-exclusive license to use, distribute, reproduce, modify, publish, translate, and publicly display that user content and to incorporate such user content into other works in any format or medium.

You are responsible for your interactions with other users of the Site. JACKPOT FANTASY reserves the right, but has no obligation, to arbitrate disputes between you and other users.

8. WARRANTY DISCLAIMERS

You agree that your use of the Site is at your sole risk. The service, content, and site are provided on an "as is" basis, without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose or non-infringement.

You acknowledge that JACKPOT FANTASY has no duty to take any action regarding which users gain access the Site; how you may interpret or use the Content; or what actions you take after having been exposed to the Content. You release JACKPOT FANTASY from all liability for content acquired or not acquired through the Site.

The Site may contain, or direct you to sites containing information you may find inappropriate. JACKPOT FANTASY makes no representations concerning content contained on the Site, or accessed through the Site. In addition, JACKPOT FANTASY will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained on or accessed through the Site.

9. BINDING ARBITRATION AND CLASS ACTION WAIVER

THIS SECTION MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Initial Dispute Resolution: Our Customer Support Department is available by phone (619-550-5792) or via support@touchthismedia.com to address any concerns you may have. Our Customer Service Department is able to resolve most concerns quickly. The parties shall use their best efforts through this Customer Service process to settle any dispute, claim, or question, and good faith negotiations. This shall be a condition to either party before initiating a lawsuit or arbitration.

Binding Arbitration: If the parties do not reach an agreement within a period of 30 days from the time informal dispute resolution begins, then either party may initiate binding arbitration as the only means to resolve claims, subject to the terms set forth below.

All claims shall be finally settled by binding arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the American Arbitration Association, excluding any rules or procedures governing or permitting class actions.

The arbitrator shall have exclusive authority to resolve all disputes arising out of the interpretation, applicability, enforceability or formation of this Agreement. This includes any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitration.

The arbitrator shall be empowered to grant whatever relief would be available in a court or in equity. The arbitrator’s award shall be written, and binding on the parties. It may also be entered as a judgment in any court of competent jurisdiction.

The Commercial Arbitration Rules governing the arbitration may be accessed at www.adr.org or by calling the American Arbitration Association at 1 (800) 778-7879. If the filing fee for the arbitration exceeds the cost of filing a lawsuit, JACKPOT FANTASY will pay the difference. If the arbitrator finds the action to be non-frivolous, JACKPOT FANTASY will pay all filing and arbitrator fees, provided your claim does not exceed $50,000.

In certain case, the arbitration rules permit you to recover attorney’s fees. The parties agree that, absent this provision, they would have the right to sue in court and have a jury trial. They further understand that, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

Location. If you are a resident of the United States, arbitration will take place at any reasonable location within the United States convenient for you. If you are a resident in Canada, arbitration shall be initiated in the County of San Diego, State of California, United States of America. In that case, you agree to submit to the personal jurisdiction of any federal or state court in San Diego County, San Diego, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

Class Action Waiver. The parties also agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action. In addition, the parties expressly waive their right to file a class action or seek relief on a class basis.

YOU AND JACKPOT FANTASY BOTH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable, or that arbitration can proceed on a class basis, then the arbitration provision set forth above shall be determined null and void, and the parties shall be determined to have not agreed to arbitrate.

Exception - Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in small claims court for disputes or claims within the court's jurisdiction.

30-Day Right to Opt Out: You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending notice of your decision to opt-out to: JACKPOT FANTASY, c/o Touch This Media LLC., 3365 Fourth Ave., San Diego, CA 92103.

The notice must be sent within 30 days of 11/22/2017 or your first use of the Site, whichever is later. Otherwise, you shall be bound to arbitrate disputes in accordance with these terms. If you opt-out of these arbitration provisions, JACKPOT FANTASY is also released from them.

Changes to this Section. JACKPOT FANTASY will provide 30-days' notice of any changes to this section. Changes will become effective on the 30th day, and will apply only to any claims arising after the 30th day.

For any dispute not subject to arbitration, you and JACKPOT FANTASY agree to submit to the exclusive jurisdiction of and venue in the federal and state courts located in San Diego, CA. You further agree to accept service of process by mail, and waive any and all jurisdictional and venue defenses otherwise available.

The Terms and relationship between you and JACKPOT FANTASY shall be governed by the laws of the State of California without regard to conflict of law provisions.

10. INDEMNITY

By using the JACKPOT FANTASY service or accepting any prize, all contestants agree to release JACKPOT FANTASY and all parents, subsidiaries, affiliates and agencies, as well as officers, directors, employees, and representatives of any of these entities from all liability. This includes, but is not limited to injuries, damages or losses to persons and property which may occur in connection with participation in the service, receipt, ownership, misuse of any prize and claims based on publicity rights, defamation or invasion of privacy.

11. LIMITATION ON LIABILITY

YOU UNDERSTAND AND AGREE THAT JACKPOT FANTASY SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM: (i) USE OF THE SITE, OR INABILITY TO USE THE SITE; (ii) UNAUTHORIZED ACCESS OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR (iv) ANY OTHER MATTER RELATING TO THE SITE.

TTM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO JACKPOT FANTASY FOR GENERAL USE OF THE SITE DURING THE TERM OF YOUR REGISTRATION, NOT INCLUDING ANY ENTRY FEES FOR CONTESTS COMPLETED PRIOR TO CIRCUMSTANCES CAUSING THE CLAIM.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Based on this fact, some of the above limitations may not apply.

12. CLAIMS OF COPYRIGHT INFRINGEMENT

JACKPOT FANTASY may disable or terminate the accounts of users who infringe the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide JACKPOT FANTASY a Notice containing the following information:

  • electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • description of the work or other intellectual property that you claim has been infringed;
  • description of the location on the site where the material that you claim is infringing
  • your address, telephone number, and email address;
  • a statement that you believe that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the owner's behalf.

JACKPOT FANTASY's Copyright Agent for Notice of claims of intellectual property infringement can be reached in the following ways:

Mail: JACKPOT FANTASY,
c/o Touch This Media LLC,
3365 Fourth Ave.,
San Diego, CA 92103
Email: support@touchthismedia.com

13. OUR PROPRIETARY RIGHTS

All title, ownership and intellectual property rights to the Site are owned by Touch This Media LLC or its licensors. You agree that the Site contains proprietary and confidential information that is protected by law. Except as authorized by JACKPOT FANTASY, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site.

14. TERMINATION

JACKPOT FANTASY may terminate or suspend your JACKPOT FANTASY account immediately, without prior notice and without any liability, if you breach any of the conditions stated in the Terms of Use. Upon termination of your account, your right to use the Site will be immediately terminated.

If you wish to terminate your JACKPOT FANTASY account, you may simply stop using the Site or let us know in writing that you wish to terminate your account. All provisions of the Terms of Use shall survive termination, including without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

15. LINKS TO OTHER SITES

The Site or third parties may provide links to other sites or resources. Because JACKPOT FANTASY has no control over these sites and resources, you agree that JACKPOT FANTASY is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, advertising, products or other materials on or available from these sites or resources.

You agree that JACKPOT FANTASY shall not be liable for any damage or loss in connection with the use or reliance upon any content available on or through any site or resource.

16. NO THIRD PARTY BENEFICIARIES

You agree there shall be no third party beneficiaries to the Terms of this Agreement.

17. GENERAL INFORMATION

Entire Agreement

These Terms constitute the entire agreement between you and TTM and supersede any prior agreements, oral or written.

Waiver and Sever-ability of Terms

The failure of JACKPOT FANTASY to exercise or enforce any right or provision of the Terms shall not be considered a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties still agree that the court should give effect to the parties' intentions as reflected in the provision, and other provisions of the Terms remain in full force and effect.

Statute of Limitations

You agree that regardless of any statute or law, any claim or cause of action arising related to use of the Site or the Terms of Service must be filed within one year after such claim or cause of action arose, or be forever barred.

Dated : November 22nd, 2017.

Touch This Media. © 2017 All rights reserved.