The DraftOrPass™ contests (collectively, the “Contests”), made available by and through the DraftOrPass™ website located at www.draftorpass.com (the “Site”), are operated by DraftOrPass LLC (“DraftOrPass™,” “we,” “our” or “us”). These DraftOrPass™ Contest Rules (the “Contest Rules”), as well as the terms, conditions and Contest features that apply to each Contest individually as made available on the registration page (“Lobby Page”) applicable to each Contest (the “Lobby Rules” and together with these Contest Rules, the “Rules”), shall govern your ability to earn Prizes (as defined below) in connection with your participation in the Contests as a contestant (“Entrant”). Capitalized terms that are used but not defined herein shall have the meaning set forth in the DraftOrPass™ Terms and Conditions (“Terms”).
Please review the Rules, and all applicable DraftOrPass™ Agreements, carefully, prior to participating in a Contest. If you do not agree to the terms of the Rules, and all applicable DraftOrPass™ Agreements, in their respective entirety, you are not authorized to become an Entrant in any Contest.
The Contests are available only to individuals that: (a) are legal residents of, and that physically reside in, the United States (with restrictions applying to residents of the States of Arizona, Iowa, Louisiana, Montana, North Dakota, Tennessee, Vermont, Nevada and Washington, as well as Puerto Rico and where otherwise prohibited by law) (collectively, the “Restricted Territories”; (b) are at least: (i) eighteen (18) years of age, or nineteen (19) years of age for residents of Alabama and Nebraska; or (ii) the age of majority in their respective jurisdiction at the time of entry, if the age of majority is greater than eighteen (18) years of age; (c) can enter into legally binding contracts under applicable law; and (d) are not associated with a college or professional athlete, or college or professional sports team, featured in any Contest in a way that creates, or could create, an unfair advantage in any Contest. Residents of the Restricted Territories may only participate in the Free Contests (as defined below).
WITHOUT LIMITING THE FOREGOING, AND WITHOUT EXCEPTION, ALL PROSPECTIVE ENTRANTS ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR ENSURING THAT PARTICIPATION IN A CONTEST IS NOT PROHIBITED BY ANY LAW APPLICABLE TO THAT PROSPECTIVE ENTRANT’S RESIDENT JURISDICTION.
In order to become an Entrant in a Contest, you must either be a registered User, or submit a registration form by and through the Site in order to apply to become a User. DraftOrPass™ reserves the right, in its sole discretion, to deny access to the Contests to anyone at any time and for any reason, whatsoever. The registration data that you must supply in order to become a registered User, and then an Entrant in a Contest, may include, without limitation, your: (a) full name; (b) e-mail address (including the e-mail address associated with your PayPal® account); (c) billing/mailing address; (d) date of birth; (e) credit card information (where selected as your preferred payment method); (f) Social Security Number (for Prize winners); (g) picture proof of identification, which may include a driver’s license, passport, voting card or similar government issued identification (for Prize winners); and/or (h) any other information requested on the applicable Form.
In seeking to register an Account on the Site, you are representing to us that you are of sufficient age and not legally resident, or physically located in, a Restricted Territory and you agree to provide us, upon request, with such documentation as we may require from time-to-time to verify your age, identity and residency status. You acknowledge and agree that failure to provide any such documentation within a timely fashion may result in the suspension or termination of your Account, as well as forfeiture of any applicable Prizes awarded to you, as well as any Deposit Credits (as defined below), without notice.
Only one (1) Account, and one (1) entry in each Contest (other than Multi-Entry Contests, as defined below), is allowed per person. You shall be responsible, at all times, for ensuring that you have an Internet connection, computer/mobile device and/or other equipment necessary to access the Contests.
DRAFTORPASS™ IS NOT RESPONSIBLE FOR ATTEMPTED CONTEST AND/OR ACCOUNT REGISTRATIONS THAT ARE LOST, LATE, ILLEGIBLE, MISDIRECTED, DAMAGED, INCOMPLETE OR INCORRECT, OR FOR YOUR FAILURE TO PARTICIPATE IN, OR COMPLETE, A CONTEST. IF YOU FAIL TO ENTER A CONTEST INCLUDING, WITHOUT LIMITATION, WHERE YOU CANNOT ACCESS THE SITE FOR ANY REASON WHATSOEVER, YOU WILL NOT BE ABLE TO PARTICIPATE IN THAT PARTICULAR CONTEST.
- Each Contest may contain certain terms, conditions and restrictions, as set forth in the applicable Lobby Rules, including, without limitation: (a) the minimum/maximum number of Entrants who may participate; (b) the Buy-In (as defined below), Prize amount, and number of winners; (c) the applicable Salary Cap (as defined below) associated with each Draft (as defined below); (d) whether or not the Contest is a Double-Up or Triple-Up Contest (as defined below); (e) whether the Contest is a Guaranteed Contest or Non-Guaranteed Contest; (f) whether the Contest is a Pick’Em with Goals (as defined below); and (g) whether the Contest is a Multi-Entry Contest. Entrants shall be accepted in Contests for which they are eligible on a first-come, first-served basis.
- All Contests shall be posted on the Site as they become available for participation. Posting times may vary depending on the time and day of the first Game (as defined below) applicable to the Contest.
- Each Contest will involve a set number of individual players (each, a “Player”), as set forth in the Lobby Rules, to be selected by the Entrant. Entrants must choose the applicable minimum number of Players from at least three (2) different Games and three (3) different college and/or professional sports teams in a given college and/or professional sports league (each, a “League”) in connection with each Contest. Depending on the Lobby Rules, Entrants may be able to change their selected Players up until the applicable Contest’s start time. The exact roster size of Players for each Team in any given Contest will be predetermined and set forth in the applicable Lobby Rules. If you have not selected the requisite number of Players as of the applicable Start Time, you will not be entered into that Contest. The available Leagues shall be determined by DraftOrPass™ in its sole discretion from time-to-time, and may include some or all of the following: (a) college football; (b) the National Football League® (“NFL®”); (c) Major League Baseball® (“MLB®”); (d) Major League Soccer (“MLS®”); (e) the National Basketball League® (“NBA®”); and/or (f) the National Hockey League® (“NHL®”).
- Each Entrant’s Player selections shall be referred to as her/his “Team” for purposes of the Rules.
IT IS PROHIBITED FOR TWO (2) OR MORE ENTRANTS TO COLLABORATE DURING A CONTEST OR TO ADOPT A STRATEGY (BEFORE OR DURING A CONTEST) IN ORDER TO GAIN AN ADVANTAGE OVER, AND/OR TO DISADVANTAGE, OTHER ENTRANTS.
National Football League® and NFL® are registered trademarks of the National Football League. Major League Baseball® and MLB® are registered trademarks of Major League Baseball Properties, Inc. Major League Soccer and MLS® are registered trademarks of Major League Soccer, LLC. The National Basketball Association® and NBA® are registered trademarks of NBA Properties, Inc. The National Hockey League® and NHL® are registered trademarks of the National Hockey League. Please be advised that DraftOrPass™ is not in any way affiliated with college football, the National Football League, Major League Baseball Properties, Inc., Major League Soccer, LLC, NBA Properties, Inc. or the National Hockey League, and neither DraftOrPass™ nor the Contests are endorsed or sponsored by any of the foregoing entities.
- In order to enter a paid Contest (“Paid Contest”), you must have enough money in your Account to pay the entry fee required to enter the applicable Contest (“Buy-In”). You can enter as many Paid Contests as you want, provided that you have sufficient funds in your Account for the applicable Buy-Ins. The Buy-In for each Contest shall be set forth in the Lobby Rules. Each Entrant’s Account will be debited the applicable Buy-In when she/he completes her/his Player selections. You can deposit money into your Account via either PayPal® or a credit/debit card. Charges will appear on your PayPal® statement or credit/debit card statement, as applicable, through the identifier “DraftOrPass LLC.” OTHER THAN AS EXPRESSLY SET FORTH HEREIN, ALL BUY-INS ARE NON-REFUNDABLE.
- The Buy-In and Prize amounts are quoted in U.S. Dollars and are payable in U.S. Dollars. Subject to the conditions set forth herein, you agree to be bound by the Billing Provisions of DraftOrPass™ in effect at any given time. Upon reasonable prior written notice to you (with e-mail sufficing), DraftOrPass™ reserves the right to change its Billing Provisions whenever necessary, in its sole discretion. Continued participation in the Contests after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the Billing Provisions shall not apply to any charges incurred prior to the applicable amendment or modification.
- DraftOrPass’s™ authorization to bill for Account deposits and Buy-Ins is obtained by way of your electronic signature. Once an electronic signature is submitted, the electronic order constitutes an electronic letter of agency. DraftOrPass’s™ reliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively. Both laws specifically preempt all state laws that recognize only paper and handwritten signatures.
- DraftOrPass™ may offer free Contests from time-to-time which do not require any Buy-In to enter and which may, or may not, offer an associated Prize to the applicable winner(s) (“Free Contests”). You can enter as many Free Contests as you want.
Where you opt to deposit funds into your Account for the first time, and that deposit is for Twenty Dollars ($20.00) or more, you will be granted deposit credits in an amount equal to the deposited amount (“Deposit Credits”). The Deposit Credits shall be released to each User’s account when that User pays a Buy-In for a Contest at a rate of four percent (4%) of the applicable Buy-In amount, up to the total number of Deposit Credits. For purposes of the Rules, Deposit Credits shall be considered DraftOrPass™ Offerings.
Contest Duration and Start Time/Guaranteed Contests/Non-Guaranteed Contests/ Withdrawal:
- Contests may vary in duration from start to finish and may last one (1) day, one (1) week or such other interval, as determined by DraftOrPass™ in its sole discretion (“Contest Duration”); provided, however, that the Contest Duration may also be referred to in the Rules as a “Game Day.” By way of example, a Game Day for the NFL may include all Games played on Thursday, Saturday, Sunday and Monday during the official “week” as designated by the NFL (as set forth in the applicable Lobby Rules).
- Each Contest’s start time (“Start Time”) shall be set forth in the applicable Lobby Rules, and shall generally correspond to when the first official game in the applicable League (“Game”) for the designated Game Day is scheduled to commence. Contests are designed to close, and Teams are designed to lock, at the scheduled Start Time of the Contest.
- Guaranteed Contests:For purposes of the Rules, a “Guaranteed Contest” is a Contest that will occur if at least two (2) Entrants have registered and submitted entries, regardless of whether the Contest has attracted the full amount of allotted entries (“Capacity”). You may withdraw an entry from a Guaranteed Contest at any point up until the scheduled Start Time. If you withdraw an entry from a Guaranteed Contest prior to the scheduled Start Time, the Buy-In associated with that entry, if any, will be credited back to your Account. Where a Guaranteed Contest does not attract at least two (2) Entrants, the Contest shall be canceled and the Buy-In(s) shall be refunded to the Account of the applicable Entrant that had already joined the Contest, if any.
- Non-Guaranteed Contests:For purposes of the Rules, a “Non-Guaranteed Contest” is a Contest that will occur only where the Contest has attracted the full Capacity of entries. Once you have registered, and submitted your Buy-In, in connection with a Non-Guaranteed Contest you may: (a) not withdraw an entry where the Non-Guaranteed Contest has reached the required Capacity; (b) withdraw an entry from a Non-Guaranteed Contest that has NOT reached the required Capacity only by contacting DraftOrPass™ at [email protected] Where a Non-Guaranteed Contest does not attract the full Capacity of entries, the Contest shall be canceled and all Buy-Ins shall be refunded to the Accounts of the applicable Entrants that had already joined the Contest.
Salary Cap Drafts/ Pick’Em with Goals Drafts/Teams:
- Salary Cap Drafts:Upon entering a non-Pick’Em with Goals Contest, each Entrant will be allotted a certain amount of fictitious money (“Draft Money”), with the total allotted Draft Money equaling the salary cap for the applicable Contest (“Salary Cap”). Each Entrant can use the Draft Money to acquire Players from the applicable League and assign those Players to her/his Team during the draft associated with that Contest (“Draft”). Each Player available for selection during the Draft will be assigned certain salaries (or, the amount of Draft Money it will require Entrants to spend to acquire each such Player during the Draft) which shall be determined in DraftOrPass’s™ sole discretion, based on Player popularity, as well as historical statistics, with seasonal statistics weighted more heavily. Any and all available Players can be selected during the Draft by multiple Entrants. Each Entrant must select enough Players at the applicable positions to fill out her/his Team’s roster, while staying within the Salary Cap. Players will be assigned to the position which they play most often, as determined by DraftOrPass™ in its sole discretion. Some Players do play multiple positions in real life, but you may only draft them onto your Team using the position listed on the Site. Entrants may make changes to their Teams up until the applicable Contest Start Time.
- Pick’Em with Goals Drafts:Upon entering a Pick’Em with Goals Contest, each Entrant must select up to five (5) different Players from the pool of available Players. Each Player will have multiple performance goals associated with that Player which shall vary in difficulty (“Goals”). Each Entrant must select a Goal for each Player on her/his Team. The more difficult the Goal, the higher the Point total associated with achieving the Goal, each as determined in DraftOrPass’s™ sole discretion, based on Player popularity, as well as historical statistics, with seasonal statistics weighted more heavily. Any and all available Players can be selected in a Pick’Em with Goals Contest by multiple Entrants. Each Entrant must select five (5) Players to fill out her/his Team’s roster. Entrants may make changes to their Teams up until the applicable Contest Start Time.
TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, DRAFTORPASS™ IS NOT RESPONSIBLE FOR DRAFT SELECTIONS THAT ARE LOST, LATE, ILLEGIBLE, MISDIRECTED, DAMAGED, INCOMPLETE OR INCORRECT, OR FOR YOUR FAILURE TO PARTICIPATE IN, OR COMPLETE, A SCHEDULED DRAFT. IF YOU FAIL TO COMPLETE OR ENTER A DRAFT INCLUDING, WITHOUT LIMITATION, WHERE YOU CANNOT ACCESS THE SITE FOR ANY REASON WHATSOEVER, YOU WILL NOT BE ABLE TO PARTICIPATE IN THAT CONTEST AND YOUR ENTRY FEE IS SUBJECT TO FORFEITURE.
- Each Entrant will earn Contest points based on the performance, during the applicable Contest Duration, of the Players that were on her/his Team for the applicable Contest (“Points”), as per the specific League scoring system, as set forth in the Lobby Rules. In addition, in connection with Pick’Em with Goals Contests, each Entrants will earn bonus Points, as per the specific League scoring system, as set forth in the Lobby Rules, for Goals attained by Players that were on her/his team.
ALL DETERMINATIONS WITH RESPECT TO POINTS AND GOALS WILL BE MADE IN DRAFTORPASS’S™ SOLE AND ABSOLUTE DISCRETION, AND WILL BE FINAL AND BINDING ON ALL PARTIES INVOLVED.
- DraftOrPass™ will be responsible for tallying the Points for each Contest based on the reporting of Player performance, as compiled by DraftOrPass’s™ third-party statistics providers and as provided by the applicable League during the applicable Contest Duration. Please be advised that during the Contests, DraftOrPass™ receives live scoring from its third-party statistics providers. Live scoring statistics that appear during a Contest are subject to change by the applicable League after the conclusion of the applicable Game Day. Please be advised that, even in the event of a change to the statistics by the applicable League after the conclusion of the applicable Game Day, the applicable Player’s Points on the Site will not be updated and the Contest outcomes will not be revised. Please note that where a correction needs to be made after the conclusion of a Game Day due to a problem with the statistics feed, the Contest outcome (including payment of Prizes) may be reversed and Contests resettled correctly.
ALL DETERMINATIONS WITH RESPECT TO POINTS, PROJECTED POINTS, WINNERS AND PRIZES WILL BE MADE IN DRAFTORPASS’S™ SOLE AND ABSOLUTE DISCRETION, AND WILL BE FINAL AND BINDING ON ALL PARTIES INVOLVED.
Single Winner Contests:
Where the Lobby Rules indicate that the Contest will have a single winner, the Entrant with the most Points at the end of the Contest Duration will be deemed the winner of that Contest. The winner of the Contest will receive the cash prize specified in the applicable Lobby Rules (the “Prize”). If two (2) or more Entrants finish in a tie with the top Point total at the end of the Contest Duration, the Prize amount shall be divided equally amongst all winners.
Contests with Multiple Winners:
Where the Lobby Rules indicates that the Contest will have multiple winners, the designated number of Entrants with the most Points at the end of the Contest Duration will be deemed the winners of that Contest, and the Prize totals shall be assigned to each winner depending on what place she/he finished. In the event that two (2) or more Entrants finish in a tie for any of the winning Point totals at the end of the Contest Duration, the Prize amounts shall be divided equally amongst all winners with the same Point total as if each were a winner of that tier’s Prize, as well as the Prize(s) for the next tier or tiers. For example, if 1st, 2nd and 3rd place in a given Contest includes Prizes of $500, $300 and $100, respectively, and two (2) Entrants tie for first place, then those two (2) Entrants shall receive $400 each ($500 + $300 divided by 2), and the Entrant that finished in 3rd place shall receive $100 (with no 2nd place Prize winner).
Double-Up Contests/Triple-Up Contests:
In connection with a Double-Up Contest, if an Entrant’s Point total is in the top half of all entries in the applicable Contest, that Entrant shall win, as a Prize, an amount equal to the Buy-In amount for that Contest, less the administrative fee charged by DraftOrPass™, multiplied by two (2). In connection with a Triple-Up Contest, if an Entrant’s Point total is in the top one-third of all entries in the applicable Contest, that Entrant shall win, as a Prize, an amount equal to the Buy-In amount for that Contest, less the administrative fee charged by DraftOrPass™, multiplied by three (3).
For purposes of the Rules a “Multi-Entry Contest” is a Contest that permits Entrants to submit more than one (1) Buy-In amount in order to create more than one (1) Team. Other than Multi-Entry Contests, no Entrant shall submit more than one (1) Buy-In for more than one (1) entry in any Contest.
- Subject to the requirements set forth herein, the Prizes and/or Deposit Credits will be credited to the winners’ Accounts. Prize winnings and Deposit Credits may be withdrawn from your Account, at your option, and will be paid via the same method that the Entrant used to deposit money to her/his Account; provided, however, that Deposit Credits, as well as certain bonus Prizes, registration bonuses and other free money giveaways, as offered by DraftOrPass™ from time-to-time, may be subject to certain withdrawal restrictions.
- All taxes associated with winning a Contest and/or receipt of a Prize and/or Deposit Credits are the sole responsibility of the applicable winner/Prize recipient. DraftOrPass™ may contact you to obtain your Social Security Number or other personal information for tax purposes. Without limiting the foregoing, any request for withdrawal from your Account that brings your total earnings (withdrawals less deposits) to an amount over Six Hundred Dollars ($600.00) for any calendar year will require that you provide us with a valid street address and Social Security Number prior to processing. This information will be used by us to file a form 1099-MISC at the end of the year.
Each Entrant is allowed one (1) Account. Penalties for utilizing more than one (1) Account without prior authorization from DraftOrPass™ will be assessed in DraftOrPass’s™ sole discretion, and may include closure of all applicable Accounts and forfeiture of any Prize amounts and/or Deposit Credits that we determine to have been fraudulently obtained.
There are a variety of behaviors that may be deemed by DraftOrPass™ to be detrimental to DraftOrPass™ Offerings and other Entrants utilizing the DraftOrPass™ Offerings. Engaging in those behaviors may result in suspension of some or all functions associated with your Account, as determined by DraftOrPass™ in its sole discretion. Suspended players are expected to respect the disciplinary actions imposed by DraftOrPass™.
DraftOrPass™ may require Users to change their user names in cases where the subject user name is offensive or promotes a commercial venture. Any determination that a user name must be changed shall be made in DraftOrPass’s™ sole discretion, and if requests are ignored, DraftOrPass™ may unilaterally change a User’s user name.
If a Game played during the applicable Contest Duration is canceled prior to the Game’s commencement, the Game will not be included in the Contest and any applicable Players shall not be eligible to generate Points.
A Game will be considered suspended if it is unfinished due to weather, time considerations or other intervening factor(s), but is either deemed to be an official game by the applicable League or is scheduled to be completed in the future. If a Game is suspended or shortened for any reason, the Player statistics compiled prior to the end of the applicable Game Day will count toward the applicable Contests; provided, however, that any Points generated on a later date when the suspended Game is completed will not be included in the applicable Contests.
You agree to indemnify and hold DraftOrPass™, its parents and subsidiaries, and each of their respective members, officers, directors, shareholders, employees, agents, co-branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party related to or arising out of: (a) your participation in a Contest in any way, whatsoever; (b) your breach of the Rules or any other DraftOrPass™ Agreement; (c) any dispute between you and any other Entrants, Users and/or third parties; (d) any claim that DraftOrPass™ owes any taxes in connection with your participation in a Contest; and/or (e) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of DraftOrPass™, its parents and subsidiaries, and each of their respective members, officers, directors, shareholders, employees, agents, co-branders, content licensors and/or other partners. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
Access to the DraftOrPass™ Offerings
While we try to ensure that the DraftOrPass™ Offerings are functioning smoothly at all times, like any online service, we may periodically experience periods of outage or slow performance. These can sometimes result in, among other things, an inability to access the DraftOrPass™ Offerings, problems editing Teams and/or problems entering new Contests. If you are unable to access the DraftOrPass™ Offerings, please report the problem by emailing us at: [email protected] If there are sustained periods where Users are unable to access the DraftOrPass™ Offerings, or are otherwise prevented from editing Teams, we may provide instructions on how to cancel any affected Contest entries.
DraftOrPass™ reserves that right to cancel and/or invalidate any Contests (and rescind associated Prizes and Deposit Credits) in our sole discretion, for any reason and without restriction. These reasons may include, without limitation: (a) where DraftOrPass™ believes that, due to problems with the DraftOrPass™ Offerings or due to events affecting the actual Games, there would be a negative impact on the integrity of the applicable Contest(s); (b) where DraftOrPass™ determines, in its sole and absolute discretion, that such cancellation is necessary or advisable due to any change in or to any law, regulation or legal interpretation thereof affecting the Contests in any way; and/or (c) for purposes of preventing abusive, fraudulent, unfair or potentially unlawful activity on the part of any Entrant and/or third party, or in the event that there is a risk of any such abusive, fraudulent, unfair or potentially unlawful activity.
Modification of the Contest Rules
DraftOrPass™ may modify the Rules, in its sole discretion, by posting amended Rules on the Site, or by sending an e-mail to the e-mail addresses associated with registered Users. Such notice shall be effective immediately after it is posted or e-mailed, as applicable; provided, however, that no such modification or termination shall affect Prizes that are pending, or that have already been awarded, as of the date of the modification or termination notice, as applicable. If any such modification is unacceptable to you, your only recourse is to cease participating as a Contest Entrant.