Last Updated February 7, 2022
Fantasy Sports Evolution, LLC (“FSE”) is pleased to provide you its contest website located at fantasysportsevo.com, its related subdomains (collectively the “Website”), and its mobile app, which include all of the text, images, audio, code, products, tools, features, and services provided on them (collectively, the “Services” or “System”). These Terms and Conditions (“Terms”) govern your use, and FSE’s provision, of the Services. Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Services (each a “User” or “you”).
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES.
IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THE SERVICES.
IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS, AS DETAILED IN SECTION 20. THIS AGREEMENT IS ALSO SUBJECT TO CERTAIN DISCLAIMERS AND LIMITATIONS OF LIABILITY, AS FURTHER DETAILED BELOW.
1. Acceptance of Terms
This is a contract between you and FSE. You must read and agree to these Terms before using the Services. If you do not agree, you may not use the Services. These Terms describe the limited basis on which the Services are available and supersede prior agreements or arrangements.
FSE has the right to revise and amend these Terms from time to time in its absolute discretion. Any such amendment will be effective thirty (30) days following either dispatch of a notice to you or posting of the amendment on the Services. Your continued use of the Services after a change or update has been made to the Terms will constitute your acceptance of such change or update. If you do not agree to any change to these Terms, you must discontinue using the Services.
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. If you do not meet the eligibility requirements of this section, then you are not authorized to use the Services.
By depositing money and entering any “pay-to-play” contest, you represent and acknowledge the following:
- You are at 18 years of age or older; 21 years of age or older in Massachusetts
- You are a legal resident physically located in Canada;
- You are a legal resident physically located in any of the following states: Alaska, Arkansas, California, Florida, Georgia, Illinois, Kansas, Kentucky, Maryland, Massachusetts, Minnesota, Nebraska, New Jersey, New Mexico, New York, North Carolina, North Dakota, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Texas, Utah, Washington DC, West Virginia, Wisconsin, Wyoming
- You are neither an employee of, own or operate a business that provides or engages in activity similar to the services and activities we provide;
- You are not subject to back up withholding tax and are current on the payment of any and all tax obligation;
- You are not listed on any list of restricted or prohibited parties promulgated by the U.S. government; and
- You are not in possession of, nor do you have access to, non-public information pertaining to contest related topics and material, regardless of the source of such information.
- You have established only one account (as only one account per person is allowed). In the event FSE discovers you have opened more than one account per person, FSE reserves the right the suspend or terminate any or all of your accounts and terminate, withhold or revoke the awarding of any prizes.
FSE reserves the right, in its sole and absolute discretion to determine whether a prospective User, or a current User, has met all eligibility requirements for access to, and participation with, our Services and we reserve the right to deny access to our Services and/or to deactivate the account of any User that we have determined has failed to meet our eligibility requirement. We further reserve the right to reclaim any award(s) or reward(s) obtained by a User and/or to limit or otherwise suspend a User’s access to the User’s deposited funds where we determine that a User does not meet, or has not met, the eligibility requirements. To this end, we reserve the right and User consents that we may require any User to provide to us further information or documentation prior to releasing any reward to such User.
You are subject to the laws of the Jurisdiction in which you reside and/or from which you access the Website and the Services. Access to the Website and the Services may not be legal for some or all residents of, or persons present in, certain Jurisdictions. Only residents residing in approved states of Alaska, Arkansas, California, Florida, Georgia, Illinois, Kansas, Kentucky, Maryland, Massachusetts, Minnesota, Nebraska, New Jersey, New Mexico, New York, North Carolina, North Dakota, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Texas, Utah, Washington DC, West Virginia, Wisconsin, Wyoming and Canada are eligible to participate in the Services for real money. Residents residing in non-approved states (not listed above) are NOT eligible to participate in the Services for real money. All countries other than the United States of America and Canada are NOT eligible to participate in the Services for real money. FSE’S CONTESTS ARE VOID WHERE PROHIBITED OR RESTRICTED BY LAW. FSE reserves the right to deny access to the Website or Services to anyone at its sole discretion.
By creating an Account, you represent that your participation in any real money or prize Contest on the Website is subject to all the laws of the Jurisdiction in which you reside and from which you access the Website and are solely responsible for obeying those laws. If you open an Account/and or participate in any real money or prize Contest offered on this Website while located in a prohibited Jurisdiction, you will be in violation of these Terms and subject to having your Account suspended or terminated. Additionally, all your winnings, if any, may be voided at the sole discretion of FSE. You hereby agree that FSE cannot be held liable if laws applicable to you restrict or prohibit your participation in any of the Services. FSE makes no representations or warranties, implicit or explicit, as to your legal rights or restrictions with respect to your participation in any real money or prize Contest offered on the Website nor shall any person affiliated or claiming affiliation with FSE have authority to make any such representations or warranties. FSE does not intend that the Services be used by persons present in Jurisdictions in which participating in the real money Contests may be prohibited or restricted. FSE reserves the right to request proof of age or identity, or to otherwise verify eligibility conditions and potential winning entries, prior to awarding any prize.
We understand that ensuring fair play and maintaining the integrity of our services is of the utmost importance and, therefore, individuals prohibited from using our services where money is to be awarded include, but is not limited to, the following:
- Our employees; unless such employee is playing in a private contest;
- Any consultant or independent contractor that is, or has, provided us services and such services result in such consultant or independent contractor accessing information not readily available to the public or information that would otherwise provide such individual with advantage against other Users;
- Any employee of businesses that provide services similar to the services we provide;
- Athletes, coaches, support staff or other personnel of teams that participant in any sport league related to our Services and associated contests;
- Legal residents residing in any of our excluded states (residents in these excluded states are only eligible to open and maintain accounts for use only in contests that do not offer prizes);
3. Use of Services
b. Account Maintenance
In order to finalize the creation of any User account, every User must provide FSE with a valid e-mail address along with a Username and Password that conforms with our requirements. A Username may not promote any business, organization or other commercial enterprise, be offensive, deceive or misinform other Users, or infringe upon the rights of third parties. FSE reserves the right to require any User or individual registering to become a User to modify (in whole or in part) the Username and/or Password provided by such individual. FSE shall further have the right to suspend or cancel the account of any User where the Username of the User is vulgar, offensive, sexually suggestive and/or otherwise inappropriate for use in a public forum.
Any activity conducted under a User’s account is the sole responsibility of the User, all Users agree that they shall use a Username and Password that is distinct to the User’s account with us, and that the User shall immediately contact us if the User has reason to believe that their account has been accessed or otherwise modified by anyone other than the User. Similarly, if FSE believes that a User’s account is, has or will be used by anyone other than the User, we reserve the right to restrict, reverse or otherwise cancel any such activity.
c. Conduct of Users
Users agree that they shall not perform, engage in or assist any other individual in the following activities during any and all times that the User accesses, participates in or otherwise interacts with our Services:
- Spamming, harassing or communicating any threats to any person, entity or organization;
- Using any software or other automated system, process or tool to access our Services for any reason;
- Attempt to influence the play in any sporting event affiliated with contests on FSE in which you are involved or in which you have a direct or indirect interest;
- Use a proxy server to engage with FSE for any means, including for the purpose of misrepresenting your location;
- Communications or engaging in any activity that would deter other Users from the use and enjoyment of our Services.
FSE will make every effort to post any and all notices on the relevant platform in a timely manner following the end of a contest or event. Notwithstanding the foregoing, Users acknowledge and accept that any notice may be delayed, and therefore, Users agree that any and all actions taken by a User in reliance on us posting any notice shall be taken at Users’ own risk and User releases and shall indemnify FSE from any and all liability (whether foreseen or unforeseen) as a result of any such delay.
5. Contests and Prizes
- Prizes – Cash winnings will be deposited directly into your Account. Any amounts that are mistakenly credited as winnings to your Account remain our property and will automatically be transferred out of your Account upon confirmation of the error. Any winnings mistakenly credited to your Account that have been withdrawn by you before confirmation of the error will constitute a debt owed by you to FSE in the amount of such wrongfully attributed winnings.
6. Deposits and Withdrawals
Minimum and maximum limits may apply to deposits into your Account, depending upon your history with the Services, the method of deposit, standards or laws in any Jurisdiction where you are located and/or are a resident, and other factors as determined solely by FSE. FSE is not a bank and funds are not insured by any government agency. No interest is payable on amounts on deposit or in balance in your Account. All payments into your Account must be from a payment source on which you are the named account holder.
You may request a withdrawal of fund winnings from your available cash account balance in your Account at any time. The minimum withdrawal is $10.00 U.S. dollars. Account holders with pending deposits or pending withdrawals must wait until those funds clear before requesting a withdrawal. If you do not receive your withdrawal within ten (10) business days, please contact customer support at support@FantasySportsEvo.com.
FSE reserves the right to freeze your Account and/or delay a request for withdrawal of funds pending completion of any investigation of reported or suspected abuse by a User requesting withdrawal of funds. FSE also reserves the right to require you or your credit card company (if applicable) to submit verification of identification to ascertain the validity of a withdrawal request and the identity of the User. Withdrawal payments will not be made until such verification is received. If FSE has not received such requested verification within ten (10) days, your withdrawal request will be cancelled and the Account in question will be suspended.
If your Account is closed by FSE for a violation of these Terms, your deposits and winnings may be voided and not returned to you. In such an event, FSE may use these funds to defray the costs of administration and enforcement of these Terms.
7. Deposit Bonus Up to $100
Fantasy Sports EVO may offer a Deposit Bonus where a user’s first deposit will be matched with a playable bonus of up to $100. Upon first deposit (min $20) the user will receive a bonus amount equal to the amount deposited (e.g., $25 bonus for a $25 deposit). The maximum bonus amount is $100. Limit one (1) deposit bonus per user. When entering a pay-to-play contest(s), the funds used to enter will be taken from the initial deposit amount before bonus funds are used. If the user’s first deposit is withdrawn, then the deposit bonus will be revoked / deducted from the player’s account balance. Deposit bonuses are non withdrawable. However, you may withdraw your deposits and/or winnings at any time.
Deposit Bonus and Promotions
Fantasy Sports EVO may offer a Deposit Bonus or other promotions, including EVO Bucks (account credits), throughout the year to new and/or existing users. Promotional bonuses are non-transferrable. When entering a pay-to-play contest(s), the funds used to enter will be taken from initial deposits before bonus or promotional funds are used. Deposit Bonus, EVO bucks, and any other credit received is non withdrawable. You may not request a withdrawal of credits received. However, you may withdraw your deposits and/or winnings at any time.
8. Tax Details
Users hereby agree that any User who receives $600 or more in prizes or awards through our Services in any given year shall provide us with any information that we request, including the Social Security Number of such User, along with updated name, address and related contact details. The failure by a User to properly report and/or disclose tax matters related to User’s activity with our Services, or to provide us with timely information to us as requested, is the sole responsibility of each such User and Users agree to release and hold us harmless for any resulting costs, expenses and/or damages incurred by User as the result of such acts or omissions by User.
9. Contest Rules
The Website offers different types of Contests. Each Contest is also governed by rules, as may be modified from time to time, which are set forth in the Official Rules and are incorporated into these Terms by this reference. You have the responsibility to review relevant Official Rules prior to participating in any Contest, and to review relevant Official Rules for any changes. You agree to abide by the Official Rules for any Contest(s) in which you are entered. Your failure to follow the Official Rules for any Contest(s) in which you are entered will result in your immediate and automatic forfeiture of the Contest, and FSE reserves the right to immediately terminate your access to the Website.
The results and winner(s) of each Contest offered on the Website will be determined in accordance with the Official Rules corresponding to that Contest. Once winner(s) of a Contest are announced by FSE, the results will not be changed in light of official adjustments made by the professional leagues, though FSE reserves the right to make adjustments based on errors or irregularities in the transmission of information to FSE from its statistics provider or in its calculation of results. FSE, in its sole discretion, also may make adjustments in the event of noncompliance with these Terms. FSE reserves the right to reverse the payment of prizes in the event of any adjustment. You agree to be bound by any such adjustments. The winner(s) are announced soon after the Contest but remain subject to final verification.
FSE, in its sole discretion, reserves the right to modify, suspend, cancel or terminate a Contest, or extend or resume the entry period, without giving advance notice and without restrictions. For example, FSE may cancel a Contest if it cannot be guaranteed the Contest can be carried out fairly or correctly for technical, legal or other reasons; if FSE suspects that any person has manipulated entries or results, provided false information or acted unlawfully or unethically; or if the minimum number of Contest entries is not met. If FSE cancels or terminates a Contest, any advertised prizes may, at FSE’ sole discretion, be either voided or awarded in any manner it deems fair and appropriate, consistent with laws and regulations governing such Contest.
Collusion is a violation of our terms. This includes any anticompetitive action within a game to help another participant win for any reason. This is at the discretion of the operator and may result in the winners of a game being changed or users banned from the site.
You agree to release and to indemnify, defend and hold harmless FSE and its parents, subsidiaries, affiliates and agencies, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities, from and against any and all losses, liabilities, expenses, damages, costs (including attorneys’ fees and court costs) claims or actions of any kind whatsoever arising or resulting from your use of the Services; your violation of these Terms; your receipt, ownership, use or misuse of any prize; and any of your acts or omissions that implicate publicity rights, defamation or invasion of privacy. FSE reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with FSE in the defense of such matter.
11. Binding Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING A RIGHT TO FILE A LAWSUIT IN COURT.
User and FSE agree to arbitrate all disputes between User and FSE, except disputes relating to the enforcement of FSE’s or its affiliates’ intellectual property rights. “Dispute” includes any dispute, action or other controversy between you and FSE concerning the Services or these Terms. User and FSE empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or formation of this contract, including the arbitrability of any dispute and any claim that all or any part of these terms are void or voidable.
In the event of a dispute, User or FSE must send to the other party a notice of dispute, which is a written statement that sets forth name, address and contact information of the party giving notice; the facts giving rise to the dispute; and the relief requested. User must send any notice of dispute to Fantasy Sports Evolution, LLC [181 New Road, Suite 304, Parsippany, NJ, 07054]. FSE will send any notice of dispute to you at the contact information FSE has for User. User and FSE will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After sixty (60) days, User or FSE may commence arbitration.
If User and FSE do not resolve a dispute by informal negotiation, the dispute shall be settled by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Arbitration will be administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and its Supplementary Procedures for Consumer Related Disputes. For more information, visit www.adr.org or, in the United States, call 800-778-7879. Arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.
PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither User nor FSE will seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.
12. Merger Clause
14. Disclaimer of Warranties and Limitations of Liability
You expressly agree that use of the Website and Services is at your sole risk. Neither FSE nor any of its officers, directors, or employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), and/or any third party who provides products or services purchased from or distributed by FSE (collectively “Providers”), or the like, warrant that applications affiliated with Providers, including but not limited to this Website, will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products and services published on this Website may contain inaccuracies or typographical errors. Providers make no warranty as to the results that may be obtained from the use of the Website, including your participation in any Contest on this Website, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through the Website. Furthermore, Providers shall not be responsible for any opinions, views, advice or statements posted on the Services (including, without limitation, in any public posting areas of the Services) by any person or entity other than an authorized Providers’ spokesperson. Advertisers, content providers, User, guests, independent writers and experts are not authorized Providers’ spokespersons. At no time should the opinions, views, advice or statements provided by advertisers, content providers, User, guests, independent writers or experts be relied upon for important personal decisions without independent verification.
a. Disclaimer of Warranties
THIS WEBSITE, INCLUDING THE SERVICE AND SOFTWARE, IS PROVIDED BY PROVIDER ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, FSE AND THE PROVIDERS DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
FSE AND THE PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, SECURITY OF THE WEBSITE, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE WEBSITE, INCLUDING E-MAIL, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS WEBSITE. ANY SERVICE OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD AND/INSTALLATION OF ANY SUCH MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
b. Limitation of Liability
PROVIDERS DO NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE OR ANY RELATED SERVICE. THE OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF PROVIDERS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PROVIDERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THIS WEBSITE, SOFTWARE, OR ANY RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
THE LIMITATIONS OF THIS PARAGRAPH SHALL APPLY NOTWITHSTANDING ANY RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THIS WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO PROVIDER RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE WEBSITE.
SUCH LIMITATIONS OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON PROVIDERS’ GOODS OR SERVICES, FROM INABILITY TO USE PROVIDERS’ GOODS OR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF PROVIDERS’ SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
If you are dissatisfied with any portion of the Services, your sole and exclusive remedy is to discontinue your use of this Services.
15. Third Party Services and Content
16. Third Party Payment Processors
17.) Claims and Copyright Infringement
Notifications of claimed copyright infringement and counter notices should be addressed to support@FantasySportsEvo.com, or via physical mail to FSE.
FSE will respond expeditiously to claims of copyright infringement committed using the Services that are reported to its designated agent, identified above, in accordance with the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”) or, as applicable, other laws. With respect to Services hosted in the United States, these notices must include the required information set forth in the DMCA.