Terms & Conditions

IMPORTANT – PLEASE READ THE FOLLOWING TERMS AND CONDITIONS (“TERMS”) PRIOR TO PARTICIPATION ON THE SPORTS BRACKETEERS WEBSITE AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. BY USING THE WEBSITE OR APP, YOU ARE AGREEING TO AND ACCEPTING THESE TERMS.

  1. Description of Goods and Services. Good and services are provided to the customer within the website and app platforms. Users receive credits after making a deposit to play fantasy sports contests within the website and app platforms. No services are offered outside of the platforms. Please make sure to download the most recent version of your preferred internet browser to ensure the smoothest gameplay possible.
  2. Pricing and Currency. The price for paid entry contest will vary from contest to contest. Pricing will be displayed in both the lobby and gamed details screen. All users will be able to view pricing for paid entry contests before entering a contest. All pricing on the website will be in United States Dollars (USD).
  3. Acceptance of Terms – By accessing and using SportsBracketeers.com (the “Website”) or the mobile application (the “App”)(collectively, the “Service”), you accept, and agree to be bound by, these Terms, our privacy policy (“Privacy Policy”) and the posted Contest Rules or guidelines, as modified from time to time.  All such Contest Rules or guidelines and the Privacy Policy are hereby incorporated by reference into these Terms.
  4. Eligibility –As a condition to participating on Sports Bracketeers, which includes using the Service, depositing money, and/or participating in any paid entry contest, you hereby represent, warrant and covenant to us that:
    1. You are 21 years of age or older.
    2. You are a citizen of, and have a residence in, the United States of America.
    3. You reside in and are currently physically located in a state or jurisdiction where participation in such paid fantasy sports contests is not prohibited by law.
    4. You are not a resident of, nor are you currently physically located in, any of the following states – Alabama, Arizona, Arkansas, Colorado, Delaware, Hawaii, Idaho, Indiana, Iowa, Louisiana, Maryland, Massachusetts, Mississippi, Missouri, Montana, Nevada, New Jersey, New York, Ohio, South Carolina, Tennessee, Vermont, Virginia, Washington, or any United States Territories.
    5. You agree to these Terms and Contest Rules and any other agreement made with Sports Bracketeers regarding your use of the Service or participation in any Sports Bracketeers contest.
    6. You shall be responsible for ensuring that all persons who access the Website through your internet connection are aware of, and comply with, these Terms. 
    7. You shall not permit any third party to use your account for any purpose whatsoever and shall indemnify and hold harmless Sports Bracketeers and our managers, members, officers, directors and affiliates from any losses or damages resulting from any authorized or unauthorized use of your account by any third party, and shall be responsible for all activities and charges arising out of said use.   
    8. You are fully able and competent to enter into the terms, conditions, obligations, representations, warranties and covenants set forth in these Terms and to abide by them. Subject to the eligibility criteria set out below, you will be able to participate in contests offered on the Service.
    9. You acknowledge and agree that should we, in our sole and absolute discretion, determine that you did not comply with and/or adhere to the Terms, in any manner, we may disqualify you from any contest entered, in which case any prizes awarded to you as a result of said contest will be immediately forfeited.
  5. Participation Requirements – By participating in a contest on the Sports Bracketeers’ Service, you agree to the following conditions:
    1. Registration – In order to participate in and win a contest on the Service, you must register for an account. By registering as a User of the Service, you agree to provide accurate and complete information about yourself as prompted, and maintain and update such information as required to keep it accurate and current at all times. If you provide any information that is inaccurate, not current, or incomplete, Sports Bracketeers reserves the right to suspend or terminate your account and withhold any and all prizes at its sole discretion.
    2. Single Account – You may establish, maintain, use and control only one account on the Service. In the event Sports Bracketeers determines that you have opened, maintained, used or controlled more than one account, in addition to any other rights that Sports Bracketeers may have, Sports Bracketeers reserves the right to suspend or terminate any or all of your accounts and terminate, withhold or revoke the awarding of any prizes to you.
    3. Communications from Sports Bracketeers – As a result of your registration with Sports Bracketeers, you agree to receive commercial and promotional communications from Sports Bracketeers. To the extent required by law, you may opt out of receiving such communications at any time by using the unsubscribe functionality or sending an email to support@sportsbracketeers.com and requesting such. Following such opt-out, Sports Bracketeers may still communicate with you via email to the extent permitted by law. 
    4. Publicity. By entering a contest, you consent to the use of, and agree that we, our service providers and business partners may use, your name, username, likeness, and photograph in connection with, the development, production, distribution and/or use (including marketing and promotion) of any contest and/or Sports Bracketeers generally, unless otherwise prohibited by law and that we may post your statistics in any prior contests. If consent is required for such use of your name, username, likeness and/or photograph, you agree to cooperate with us in providing your consent. In the event that you are declared the winner of any contest prize, you acknowledge and agree that acceptance of said prize will be conditioned upon you making yourself available to us for publicity, advertising and promotional activities relating to the contest or otherwise regarding Sports Bracketeers, without additional compensation. You agree that your participation in a contest and, where applicable, the winning of a contest prize, constitutes complete and sufficient consideration and compensation for your obligations hereunder and, further, you agree not to charge or demand, or attempt or seek to charge or demand, any fee or additional consideration or compensation, or impose any additional conditions, in respect of the fulfillment of any such obligations, except where required by applicable law.
  6. Deposit/Withdrawal of Funds.  Users can deposit money into their accounts using Paypal or credit card. All withdrawals are manually reviewed by Sports Bracketeers for your protections. Requests for withdrawal by check require 10-14 business days to process. You acknowledge that, in order to complete withdrawals, you may be requested to complete affidavits of eligibility, liability/publicity releases (unless prohibited by law) and/or appropriate tax or other forms and you hereby agree to do so upon our request. You further acknowledge that you may be requested to provide copies of certain forms of identification and/or official documentation including, but not limited to, your passport/driver’s license, proof of residence and/or certain information relating to payment/deposit accounts and you agree to do so upon our request. Failure to comply with any such request may result in your disqualification from the contest, the forfeiture of any prizes and, subsequently, the refusal of your withdrawal request.
  7. IP Rights.  The content on the Website including, but not limited to, any text, graphic images, photographic images, sounds, music, videos, software, interactive features and the trademarks, service marks and logos contained therein (“Intellectual Property”), are owned by or licensed to us and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions and treaties. All such rights are reserved. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Intellectual Property or of the Website. You may only use the Website for non-commercial purposes and you agree not to download, duplicate, capture, display, reproduce, retransmit, print off or otherwise create copies of the Website, its content, or any extracts thereof, other than those which are incidental to your own use of the Website in accordance with these Terms. If you download, duplicate, capture, display, reproduce, retransmit, print off or otherwise create copies of the Website, its content, or any extracts thereof, in breach of these Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
  8. Taxation. In order to comply with Internal Revenue Service (“IRS”) regulations, we may be required to submit a Form 1099-MISC, Miscellaneous Income (Form 1099) with the IRS or other appropriate form to any person who wins in excess of $600 on the Website (winnings minus entry fees) in any given year. Depending on the jurisdiction in which you reside, we may require you to complete a Form W-9, Request for Taxpayer Identification Number (TIN) and Certification and/or additional tax forms. This information will be used to file the Form 1099 with the IRS.  We reserve the right to withhold (from your existing account balance and/or from future net winnings) any amount required to be withheld by law. You remain solely responsible for paying all federal and other taxes in accordance with the laws that apply in your local, state, province, and/or country of residence.
  9. User Content.  You acknowledge and agree that all content made available on the Service by a user (“User Content”), including but not limited to profile information and communications with other users, whether privately transmitted or made publicly available, is said user’s sole responsibility.  You are entirely responsible for all User Content that you upload, post, share, email, transmit, or otherwise make available via the Service. Under no circumstances will Sports Bracketeers be liable in any way for any User Content. You acknowledge that Sports Bracketeers may or may not pre-screen User Content, but that Sports Bracketeers and its designees have the right, but not the obligation, in their sole discretion, to pre-screen, refuse, permanently delete, undelete, modify and/or move any User Content available via the Service. Without limiting the foregoing, Sports Bracketeers and its designees shall have the right to remove any User Content that violates these Terms or is otherwise objectionable in Sports Bracketeers’ sole discretion. You understand that by using the Service, you may be exposed to User Content that you may consider to be offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or disclosure of any User Content. You further acknowledge and agree that you bear the sole risk of reliance on any content available on or through the Service. With respect to User Content you submit or otherwise make available on or to the Service, you grant Sports Bracketeers an irrevocable, fully sub-licensable, perpetual, world-wide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such User Content (in whole or in part), and to incorporate such User Content into other works, in any format or medium now known or later developed.  You are solely responsible for your interactions with other users of the Service.
  10. Game Rules
    1. Contest of Skill – Contests offered on Sports Bracketeers are contests of skill. Winners are determined by the criteria stated in each contest’s rules. For each contest, winners are determined by the individuals who use their skill and knowledge of relevant professional sports information to predict statistical performances by individual athletes across multiple sports events. All contests and entries will cover questions from a minimum of two sporting events.
    2. Contest Statistics – All statistics and other information provided through Sports Bracketeers is unofficial. Although Sports Bracketeers and the third parties used to provide any and all statistics use reasonable efforts to include accurate information, neither Sports Bracketeers or the third party providers warrant or make any representations of any kind with respect to the information provided through Sports Bracketeers. 
    3. Entry Fees – Each Sports Bracketeers contest has an entry fee listed in US dollars. By agreeing to participate in a contest, you agree that the amount of the entry fee in US dollars will be debited from your Sports Bracketeers account, 
    4. Prizes – After the conclusion of each contest, tentative winners are announced (subject to final verification) and prizes will be credited to the winning User’s account within twenty-four (24) hours. Prizes are credited to the winning User’s account. In the event of a tie following application of the tie-breaking procedures, the prize is divided evenly between the tied Users, unless otherwise specified.
  11. Conduct – As a condition of use, you promise not to use the Service for any purpose that is unlawful or prohibited by these Terms.  Prohibited activities include, but are not limited to, the following:
    1. Falsifying any personal information;
    2. Unauthorized use of any third party’s account at the Website;
    3. Creating multiple accounts at the Website;
    4. Engaging in any type of financial fraud, including the unauthorized use of credit or debit cards to enter a contest or claim a prize;
    5. Distributing viruses or other harmful computer code;
    6. Using any means to obtain, collect or access any information on the Website or of any other user of the Website, for any purpose;
    7. Any attempt to tamper with, manipulate or influence any contest, the Website, its software or any security measure; or
    8. Any violation of specific contest rules or these Terms.
    9. We reserve the right to investigate and take appropriate legal action against anyone who, in engages in any of the prohibited activities.

  12. User Names - Sports Bracketeers may require users to change their user names if the user name is deemed offensive or promotes a commercial venture. Failure to change user name may result in suspension of account privileges.
  13. Termination and Suspension of Accounts – Sports Bracketeers reserves the right to terminate or suspend all or part of the Service and your Sports Bracketeers account immediately, without prior notice or liability, if we have reason to believe that you or someone using your account has breached any of the Terms or Contest Rules. Any provisions of these Terms that are intended to survive, or which by their nature should survive, or which are otherwise capable of surviving following any suspension or termination of your account, shall so survive indefinitely.  Upon termination or suspension of your account, your right to use the Service will immediately cease. If you wish to terminate your account, please contact support@sportsbracketeers.com and indicate your desire to terminate such account.
  14. Indemnity – You agree to release and to indemnify, defend and hold harmless Sports Bracketeers and its affiliates, as well as the members, managers, officers, directors, employees 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 Service, 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. This indemnity shall survive the termination of this agreement. We reserve the right, at our 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 us in the defense of such matter.
  15. Warranty Disclaimers – You expressly understand and agree that your use of the Service is at your sole risk. The Service is offered without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. You acknowledge that Sports Bracketeers has no control over, and no duty to take any action regarding: which users gain access to or use the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Sports Bracketeers from all liability for you having acquired or not acquired Content through the Service. The Service may contain, or direct you to other websites containing, information that some people may find offensive or inappropriate. Sports Bracketeers makes no representations concerning any Content contained in or accessed through the Service, and Sports Bracketeers will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.
  16. LIMITATION OF LIABILITY.  YOU UNDERSTAND AND AGREE THAT SPORTS BRACKETEERS LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE WEBSITE AS SET FORTH BELOW: UNDER NO CIRCUMSTANCES SHALL SPORTS BRACKETEERS, ITS AFFILIATES, OR THE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE "SB PERSONS"), BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THE WEBSITE, THE CONTENT, OR YOUR UPLOADED INFORMATION; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE WEBSITE; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY SPORTS BRACKETEERS OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEBSITE OR CONTENT; (4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR (5) ANY ERRORS OR OMISSIONS IN THE WEBSITE'S TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE SB PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE WEBSITE). IN NO EVENT WILL THE SB PERSONS BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE SB PERSONS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100). THE SB PERSONS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER'S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOUR ACCESS TO AND USE OF THIS WEBSITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEBSITE OR THE CONTENT. YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF SPORTS BRACKETEERS’ ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE OR OTHER PROPERTY OWNED OR CONTROLLED BY SPORTS BRACKETEERS AND/OR ITS AFFILIATES OR YOUR UPLOADED INFORMATION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY SPORTS BRACKETEERS WEBSITE OR OTHER PROPERTY OR YOUR UPLOADED INFORMATION OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO. BY ACCESSING THE WEBSITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.
  17. Force Majeure.  Sports Bracketeers reserves the right to amend these Terms at any time and without notice, and it is your responsibility to review these Terms for any changes. If you continue to use the Service after we change the Terms, you shall be conclusively deemed to have accepted all changes. The failure of Sports Bracketeers to comply with any provision of these Terms due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sports Bracketeers (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Terms.
  18. Dispute Resolution – Any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by arbitration in Chicago, Illinois administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The parties further agree that the arbitrator or arbitrators shall have exclusive jurisdiction to determine the scope of this arbitration clause and whether any controversy or claim between the parties arises out of, relates to, or concerns the breach of these Terms. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis.
  19. Governing Law – The Terms shall be governed by, and construed in accordance with, the laws of the State of Illinois, without regard to its conflict of law principles.
  20. Timing for Bringing Claim.  You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Website must be filed within one year from the date upon which such claim or cause of action first arose or be forever barred.
  21. Modification of Terms – Except for Section 16 providing for binding arbitration and waiver of class action rights, Sports Bracketeers reserves the right, at its sole discretion, to modify or replace the Terms at any time. Users shall be responsible for reviewing and becoming familiar with any such modifications. If a revision to the Terms, in our sole discretion, is material, we will notify Users by contacting them through the email address associated with their account. Use of the Service by Users after any modification to the Terms constitutes their acceptance of such modifications.
  22. Integration – These Terms contain the entire agreement between the parties relating to the subject matter hereof and supersede all oral statements and prior writings with respect thereto.
  23. Waiver and Severability of Terms – The failure of Sports Bracketeers to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. Any provision of the Terms which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of such Terms or affecting the validity or enforceability of such provision in any other jurisdiction.
  24. Headings - Section headings in these Terms are included for the convenience of reference only and shall not constitute a part of the applicable Terms for any other purpose.