Important legal notice regarding Terms of Use of No Halftime

Important. Please carefully read these terms of use before using No Halftime, as they affect your legal rights and obligations.

User agreement

No Halftime owns and operates the mobile app that links to these terms of use. We are pleased to offer you access to our mobile app and the ability to participate in our fantasy sports contests of skill, other content, products, services, and promotions (collectively the “services”) that we may provide from our mobile app, subject to these terms of use (the “terms of use”), our privacy policy (the “privacy policy”) and the official rules and regulations for the applicable contests and promotions (the “rules” or “rules and scoring,” and together with the terms of use and the privacy policy, the “agreements”).

Consideration

You agree to these terms of use by accessing or using the mobile app, registering for services offered on the mobile app, or by accepting, uploading, submitting or downloading any information or content from or to the mobile app. If you do not agree to be bound by all of these terms of use, do not use the mobile app. These terms of use constitute a legal agreement between you and No Halftime, and shall apply to your use of the mobile app and the services even after termination.

Eligibility

You must be at least 18 years of age to open an account, participate in contests, or win prizes offered by the mobile app. In jurisdictions where the minimum age for permissible use of the mobile app is greater than 18 years old, you must meet the age requirement in your local jurisdiction or territory. Only legal US residents physically located in any of the 50 states and Washington DC, excluding Alabama, Arizona, Arkansas, Colorado, Delaware, Indiana, Iowa, Louisiana, Mississippi, Missouri, Montana, Nevada, New York, Tennessee, Vermont, Virginia and Washington, are eligible to open an account and participate in contests offered by the mobile app. Legal residents of Alabama, Arizona, Arkansas, Colorado, Delaware, Indiana, Iowa, Louisiana, Mississippi, Missouri, Montana, Nevada, New York, Tennessee, Vermont, Virginia and Washington (the “excluded states”) are ineligible for prizes offered by the mobile app. Residents of the excluded states are ineligible to open and maintain accounts on the mobile app.

You may establish only one account per person to participate in the services offered on the mobile app. In the event No Halftime discovers that you have opened more than one account per person, in addition to any other rights that No Halftime may have, No Halftime reserves the right to suspend or terminate any or all of your accounts and terminate, withhold or revoke the awarding of any prizes, without refund. You are responsible for maintaining the confidentiality of your login names and passwords and you accept responsibility for all activities, charges, and damages that occur under your account. It shall be a violation of these terms of use to allow any other person to use your account to participate in any contest. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. We will not be responsible for any loss or damage resulting from your failure to notify us of unauthorized use. If we request registration information from you, you must provide us with accurate and complete information and must update the information when it changes.

“Authorized account holder” is defined as the natural person 18 years of age or older who is assigned to an e-mail address by an internet access provider, on-line service provider, or other organization (e.g., business, education institution) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address for registration on the mobile app. By inputting a payment method to participate in real money contests, the authorized account holder hereby affirms that the authorized account holder is the lawful owner of the payment method account used to make any deposit(s) on the mobile app. It shall be a violation of these terms of use for any authorized account holder to submit payment using any payment method that is not owned by the authorized account holder.

No Halftime employees may use the mobile app, and will from time to time do so for the purpose of testing the site user experience, socializing and competing with customers to build community, and other reasonable and fair uses at the discretion of No Halftime.

Contest entry

Users will be able to visit the mobile app and view the games available for entry (the “challenges”). Each individual contest that is not free to enter has an entry fee listed in us dollars. When you select to participate in a contest and complete the entry process by creating a challenge or accepting a challenge, the listed amount of us dollars will be debited from your No Halftime account.

Refund policy

All payments are final. No refunds will be issued. In the event of a dispute regarding the identity of the person creating or accepting the challenge, the challenge will be deemed submitted by the person in whose name the account was registered.

Conditions of participation

By entering a contest, entrants agree to be bound by these rules and the decisions of No Halftime, which shall be final and binding in all respects. The company, at its sole discretion, may disqualify any entrant from a contest, refuse to award benefits or prizes and require the return of any prizes, if the entrant engages in conduct the company deems to be improper, unfair or otherwise adverse to the operation of the contest or is in any way detrimental to other customer. Improper conduct includes, but is not limited to:

Falsifying personal information required to enter a contest or claim a prize;

Engaging in any type of financial fraud including unauthorized use of credit instruments to enter a contest or claim a prize;

Colluding with any other individual(s) or engaging in any type of syndicate play;

Any violation of contest rules or the terms of use;

Accumulating points or prizes through unauthorized methods such as automated scripts, bots, or other automated means;

Using automated means (including but not limited to harvesting bots, robots, parser, spiders or screen scrapers) to obtain, collect or access any information on the mobile app or of any user for any purpose;

Any type of bonus abuse, abuse of the refer-a-friend program, or abuse of any other offers or promotions;

Tampering with the administration of a contest or trying to in any way tamper with the computer programs or any security measure associated with a contest;

Obtaining other customer information and spamming other customer;

Abusing the mobile app in any way;

Users further acknowledge that the forfeiture and/or return of any prize shall in no way prevent
No Halftime from pursuing criminal or civil proceedings in connection with such conduct.

By entering into a contest or accepting any prize,customers, including but not limited to the winner(s), agree to indemnify, release and to hold harmless No Halftime, its parents, subsidiaries, affiliates and agents, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities (collectively, the “released parties”), from any and all liability, claims or actions of any kind whatsoever, including but not limited to injuries, damages, or losses to persons and property which may be sustained in connection with participation in the contest, the receipt, ownership, use or misuse of any prize or while preparing for, participating in and/or travelling to or from any prize related activity, as well as any claims based on publicity rights, defamation, or invasion of privacy. No Halftime may, in its sole and absolute discretion, require an authorized account holder to execute a separate release of claims similar to the one listed above in this paragraph as a condition of being awarded any prize or receiving any payout.

No Halftime is not responsible for: any incorrect, invalid or inaccurate customer information;

Human errors;

Postal delays/postage due mail;

Technical malfunctions;

Failures, including public utility or telephone outages; omissions, interruptions, deletions or defects of any telephone system or network, computer online systems, data, computer equipment, servers, providers, or software (including, but not limited to software and operating systems that do not permit an entrant to participate in a contest), including without limitation any injury or damage to any customer’s or any other person’s computer or video equipment relating to or resulting from participation in a contest; inability to access the mobile app, or any web pages that are part of or related to the mobile app; 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, postal issues, 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 mobile app or for any other reason whatsoever; typographical, printing or other errors, or any combination thereof.

No Halftime is not responsible for incomplete, illegible, misdirected or stolen entries. If for any reason a contest is not capable of running as originally planned, or if a contest, computer application, or mobile app associated therewith (or any portion thereof) becomes corrupted or does not allow the proper entry to a contest in accordance with the terms of use or applicable contest rules, or if infection by a computer (or similar) virus, bug, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in the sole opinion of No Halftime corrupts or affects the administration, security, fairness, integrity, or proper conduct of a contest, the company reserves the right, at its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, extend,modify or suspend the contest, and select the winner(s) from all eligible challenges. If such cancellation, termination, modification or suspension occurs, notification will be posted on the mobile app.

Any attempt by an entrant or any other individual to deliberately damage the mobile app or undermine the legitimate operation of any contest is a violation of criminal and/or civil laws and should such an attempt be made, No Halftime reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.

All entries become the property of No Halftime and will not be acknowledged or returned.

To be eligible to enter any contest or receive any prize, the authorized account holder may be required to provide No Halftime with additional documentation and/or information to verify the identity of the authorized account holder, and to provide proof that all eligibility requirements are met. In the event of a dispute as to the identity or eligibility of an authorized account holder, No Halftime will, in its sole and absolute discretion, utilize certain information collected by No Halftime to assist in verifying the identity and/or eligibility of such authorized account holder.

Participation in each contest must be made only as specified in the terms of use. Failure to comply with these terms of use will result in disqualification and, if applicable, prize forfeiture.

Where legal, both entrant and winner consent to the use of their name, voice, and likeness/photograph in and in connection with the development, production, distribution and/or exploitation of any contest or the mobile app. Winners agree that from the date of notification by No Halftime of their status as a potential winner and continuing until such time when No Halftime informs them that they no longer need to do so that they will make themselves available to No Halftime for publicity, advertising, and promotion activities.

No Halftime reserves the right to move entrants from the contests they have entered to substantially similar contests in certain situations determined by No Halftime in its sole discretion.

Contest prizes and promotions

Prizes will only be awarded if a contest is run. We reserve the right to cancel contests at any time. In the event of a cancellation, all entry fees will be refunded to the customer except as specifically provided in these terms of use.

Guaranteed prizes are offered in connection with some of the contests offered by the mobile app. Each contest or promotion is governed by its own set of official rules. We encourage you to read such contest and promotions rules before participating.

Other legal restrictions

Contest of skill

Contests offered on the mobile app are contests of skill. Winners are determined by the objective criteria described in the contest deadline, roster, rules, scoring, and any other applicable documentation associated with the contest. From all entries received for each contest, winners are determined by the individuals who use their skill and knowledge of relevant sports information and fantasy sports rules to accumulate the most points according to the corresponding scoring rules. The mobile app and contests may not be used for any form of illicit gambling.

Contest statistics and live scoring

To the extent that we offer ‘live’ statistics during gameplay, all ‘live’ statistics and other information provided through the No Halftime mobile app and related information sources are unofficial. Live sports statistics and their respective components are offered for informational and/or entertainment purposes only and are not used to determine the results of our contests. While No Halftime and the third parties used to provide the No Halftime services use reasonable efforts to include accurate and up-to-date information, neither No Halftime nor its third party providers warrant or make any representations of any kind with respect to the information provided through the No Halftime mobile app and related information sources. No Halftime and its third party providers shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available via the No Halftime mobile app and related information sources, and shall not be responsible or liable for any error or omissions in that information.

Contest results

Contest results and prize calculations are based on the final statistics and scoring results at the completion of the last professional sports game of each individual contest. Once contest results are reviewed and graded, prizes are awarded. The scoring results of a contest will not be changed regardless of any official statistics or scoring adjustments made by the leagues at later times or dates, except in No Halftime’ sole discretion.

No Halftime reserves the right, in its sole and absolute discretion, to deny any contestant the ability to participate in head-to-head contests for any reason whatsoever. Further, No Halftime may, in its sole and absolute discretion, invalidate any head-to-head contest result for the purposes of preventing abusive and/or any unfair or potentially unlawful activity, or in the event that there is a risk of any such abusive, illegal, or unfair activity.

Prizes

At the conclusion of each contest, prizes will be awarded within 48 hours except in circumstances where technical failure or other reasons prevent such timely payout. Contest prizes equal a percentage of the applicable contest’s entry fees less an administration fee of no more than 10%. Prizes won are added to the winning participant’s account balance. In the event of a tie, prizes are divided evenly amongst the participants that have tied.

Payment, deposits and withdrawal of prizes winners are posted on the mobile app.

Entrants may withdraw their cash prize awards as well as cash deposits by using the “withdrawal” option on the mobile app. Entrants may be requested to complete an affidavit of eligibility and a liability/publicity release (unless prohibited by law) and/or appropriate tax forms and forms of identification including but not limited to a driver’s license, proof of residence, and/or any information relating to payment/deposit accounts as reasonably requested by No Halftime in order to complete the withdrawal of prizes. Failure to comply with this requirement may result in disqualification and forfeiture of any prizes. Disqualification or forfeiture of any prizes may also occur if it is determined any such entrant did not comply with these terms of use in any manner.

Promotional deposits, credits, and other bonuses may not be withdrawn from a No Halftime account unless appropriate terms of the promotion are achieved first by the user.

All taxes associated with the receipt of any prize are the sole responsibility of the winner. In the event that the awarding of any prizes to winners of contests is challenged by any legal authority, No Halftime reserves the right in its sole discretion to determine whether or not to award such prizes.

No substitution or transfer of prize is permitted, except that No Halftime reserves the right to substitute a prize of equal value or greater if the advertised prize is unavailable. All prizes are awarded “as is” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability for a particular purpose).

Deposits can be made by paypal, bank transfer or credit card.

Withdrawals can be initiated by entering in the amount in the withdrawal’s section of the wallet. Any withdrawal requests, after approved by No Halftime, will be credited back to the same credit card or method of payment used to deposit funds on the mobile app. No Halftime will only release withdrawals to a different credit card or other payment method other than that which was used to make deposit(s) after the aggregate amount of such deposit(s) has already been released back to the credit card(s) or payment method(s) used for the deposit(s). Requests will be processed within 48 hours.

Termination and effect of termination

In addition to any other legal or equitable remedy, No Halftime may, without prior notice, immediately revoke any or all of your rights granted hereunder. In such event, you will immediately cease all access to and use of the No Halftime mobile app. No Halftime may revoke any password(s) and/or account identification issued to you and deny you access to and use of the mobile app. Any such action shall not affect any rights and obligations arising prior thereto. All provisions of the terms of use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of warranties

The mobile app, including, without limitation, all content, software, and functions made available on or accessed through or sent from the mobile app, are provided “as is,” “as available,” and “with all faults.” To the fullest extent permissible by law, the company and its parents, subsidiaries and affiliates make no representation or warranties or endorsements of any kind whatsoever (express or implied) about: (a) the mobile app; (b) the content and software on and provided through the mobile app; (c) the functions made accessible on or accessed through the mobile app; (d) the messages and information sent from the mobile app by users; (e) any products or services offered via the mobile app or hypertext links to third parties; and/or (f) security associated with the transmission of sensitive information through the mobile app or any linked site. The company does not warrant that the mobile app, any of the mobile apps’ functions or any content contained therein will be uninterrupted or error-free; that defects will be corrected; or that the mobile app or the servers that makes them available are free of viruses or other harmful components.

The company does not warrant that your activities or use of the mobile app is lawful in any particular jurisdiction and, in any event, the company specifically disclaims such warranties. You understand that by using any of the features of the mobile app, you act at your own risk, and you represent and warrant that your activities are lawful in every jurisdiction where you access or use the mobile app or the content. Further, the company and its parents, subsidiaries and affiliates disclaim any express or implied warranties including, without limitation, noninfringement, merchantability, fitness for a particular purpose, and title.

The company, its parents, subsidiaries and affiliates, and the directors, officers, employees, and other representatives of each of them, shall not be liable for the use of the mobile app including, without limitation, the content and any errors contained therein. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to the extent such jurisdiction’s law is applicable to this agreement.

Limitation of liability

You understand and agree that the company limits its liability in connection with your use of the mobile app as set forth below: under no circumstances shall the company, its parents, subsidiaries, or affiliates, or the directors, officers, employees, or other representatives of each of them (collectively, the “company entities and individuals”), 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 mobile app, the content, or your upload information; (2) the use of, inability to use, or performance of the mobile app; (3) any action taken in connection with an investigation by the company or law enforcement authorities regarding your use of the mobile app or content;(4) any action taken in connection with copyright owners; or (5) any errors or omissions in the mobile app’s technical operation, even if foreseeable or even if the company entities and individuals 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 mobile app). In no event will the company entities and individuals 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 company entities and individuals total liability to you for all damages, losses, or causes of action exceed one hundred dollars ($100). The company entities and individuals 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 mobile app is at your risk. If you are dissatisfied with the mobile app or any of the content, your sole and exclusive remedy is to discontinue accessing and using the mobile app or the content. You recognize and confirm that in the event you incur any damages, losses or injuries that arise out of the company’s 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 mobile app or other property owned or controlled by the company and/or its parents, subsidiaries, and/or affiliates or your upload information, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any company mobile app or other property or your upload information or any and all activities or actions related thereto. By accessing the mobile app, 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.

Intellectual property rights

the content on the mobile app, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein (the “intellectual property”), are owned by or licensed to No Halftime, subject to copyright and other intellectual property rights under united states and foreign laws and international conventions. Content on the mobile app is provided to you as is for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. No Halftime reserves all rights not expressly granted in and to the mobile app and the intellectual property. You agree to not engage in the use, copying, or distribution of any of the intellectual property other than expressly permitted herein. If you download or print a copy of the intellectual property for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the mobile app or features that prevent or restrict use or copying of any intellectual property or enforce limitations on use of the mobile app or the intellectual property therein.

Some of the services may allow you to submit or transmit audio, video, text, or other materials (collectively, “user submissions”) to or through the services. When you provide user submissions, you grant to No Halftime, its parents, subsidiaries, affiliates, and partners a non-exclusive, worldwide, royalty-free, fully sublicenseable license to use, distribute, edit, display, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, translate, and create derivative works of those user submissions, and your name, voice, likeness and other identifying information where part of a user submission, in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products. You hereby waive any moral rights you may have in your user submissions.

We respect your ownership of user submissions. If you owned a user submission before providing it to us, you will continue owning it after providing it to us, subject to any rights granted in the terms of use and any access granted to others. If you delete a user submission from the services, our general license to that user submission will end after a reasonable period of time required for the deletion to take full effect. However, the user submission may still exist in our backup copies, which are not publicly available. If your user submission is shared with third parties, those third parties may have retained copies of your user submissions. In addition, if we made use of your user submission before you deleted it, we will continue to have the right to make, duplicate, redistribute, and sublicense those pre-existing uses, even after you delete the user submission. Terminating your account on a service will not automatically delete your user submissions.

We may refuse or remove a user submission without notice to you. However, we have no obligation to monitor user submissions, and you agree that neither we nor our parents, subsidiaries, affiliates, employees, or agents will be liable for user submissions or any loss or damage resulting from user submissions.

Except as provided in the privacy policy, we do not guarantee that user submissions will be private, even if the user submission is in a password-protected area. Accordingly, you should not provide user submissions that you want protected from others.

You represent and warrant that you have all rights necessary to grant to No Halftime the license above and that none of your user submissions are defamatory, violate any rights of third parties (including intellectual property rights or rights of publicity or privacy), or violate applicable law.

Miscellaneous

These terms of use shall be governed by the internal substantive laws of delaware, without respect to its conflict of laws principles. Any claim or dispute between you and No Halftime that arises in whole or in part from the terms of use, the mobile app or any contest shall be decided exclusively by a court of competent jurisdiction located in the state of delaware.

Nothing in the terms of use shall create or confer any rights or other benefits in favor of any third parties except as specifically provided herein. By participating in any contest on the mobile app, you agree to indemnify, protect, defend and hold harmless No Halftime, its parents, subsidiaries, affiliates and divisions, and their respective directors, officers, employees, agents and representatives (the “No Halftime entities”), from and against any and all third party claims, liabilities, losses, damages, injuries, demands, actions, causes of action, suits, proceedings, judgments and expenses, including reasonable attorneys’ fees, court costs and other legal expenses including, without limitation, those costs incurred at the trial and appellate levels and in any bankruptcy, reorganization, insolvency or other similar proceedings,and any other legal expenses (collectively, “claims”) arising from or connected with your use of the mobile app, any payment methods used, any funding of your account, and/or your participation in any contest. The mobile app may contain links to third party mobile apps that are not owned or controlled by No Halftime. No Halftime has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party mobile apps. In addition, No Halftime will not and cannot censor or edit the content of any third-party site. By using the mobile app, you expressly relieve No Halftime from any and all liability arising from your use of any third-party mobile app. Accordingly, we encourage you to be aware when you leave the mobile app and to read the terms and conditions and privacy policy of each other mobile app that you visit.

Nothing in the terms of use shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between you and No Halftime.

No professional or amateur sports league or any team associated with any professional or amateur sports league is associated with No Halftime or in any way affiliated or associated with the contests.

If any provision of these terms of use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms of use, which shall remain in full force and effect.

No waiver of any term of these terms of use shall be deemed a further or continuing waiver of such term or any other term, and No Halftime’ failure to assert any right or provision under these terms of use shall not constitute a waiver of such right or provision.

No Halftime reserves the right to amend these terms of use at any time and without notice, and it is your responsibility to review these terms of use for any changes. If you continue to use the services after we change the terms of use, you accept all changes. The failure of No Halftime to comply with any provision of these terms of use 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 the company (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these terms of use.

No Halftime and other trademarks contained on the mobile app are trademarks or registered trademarks of No Halftime in the united states and/or other countries. Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners. You may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels on the mobile app.

Mobile application

These terms of use shall also apply to the use of the No Halftime mobile application. These terms of use are intended to be in addition to the end user license agreement for the mobile application, and to the extent any of these terms of use conflict with the end user license agreement, these terms of use shall be deemed to apply and the conflicting provision in the end user license agreement shall not be applicable. Any reference to the mobile app in these terms of use shall also be deemed to include the mobile application.