Terms & Conditions
Effective Date: August 17, 2025
Welcome to Fantasy Royale (“Company,” “we,” “our,” or “us”). These Terms of Service (“Terms”) govern your participation in our branded, free-to-enter fantasy sports contests (the “Contests”) and your access to and use of all related websites, mobile, and other online services (collectively, the “Platform”), and all other of our websites, mobile, and online services, and the features, content, programs, and services (including the Contests) we make available through the Platform (collectively with the Platform, the “Services”). By entering or participating in any Contest or accessing or using the Services, you agree to these Terms. If you elect to participate in any Contest, all terms corresponding to Contests in these Terms apply to you. Please read carefully.
THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT WHICH LIMITS YOUR RIGHTS TO BRING AN ACTION IN COURT, BRING A CLASS ACTION, AND HAVE DISPUTES DECIDED BY A JUDGE OR JURY, AS WELL AS PROVISIONS THAT LIMIT OUR LIABILITY TO YOU.
YOUR CONTINUED USE OF THE SERVICES AND/OR PARTICIPATION IN A CONTEST IS SUBJECT TO YOUR CONTINUED COMPLIANCE WITH THE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, YOU MAY NOT USE THE SERVICES OR PARTICIPATE IN A CONTEST.
CONTINUED ACCESS AND USE OF THE SERVICES OR PARTICIPATION IN A CONTEST AFTER CHANGES HAVE BEEN MADE TO THE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE REVISED TERMS THEN IN EFFECT. YOU AGREE THAT YOU WILL REVIEW THE TERMS PERIODICALLY AND THAT YOU SHALL BE BOUND BY THE TERMS AND ANY MODIFICATIONS TO THEM.
If you are an individual accessing or using the Services on behalf of, or for the benefit of, any corporation, partnership, or other legal entity with which you are associated (“Organization”), then you are agreeing to the Terms on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to the Terms. References to “you” and “your” in the Terms will refer to both the individual using the Services and to any such Organization.
1. Eligibility for the Contests.
1.1 Age and Residency.
Unless otherwise specified in the invitation to enter a given Contest, Contests are open only to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years of age (or the age of majority in their state of residence, if higher).
1.2 State Restrictions.
1.3 Exclusions from the Contests.
Employees, officers, and directors of Fantasy Royale, our sponsors, affiliates, advertising and promotion agencies, are not eligible to enter or win.
1.4 Children.
Neither the Platform nor the Services are directed to children under 13 years of age. We do not knowingly collect information from children under 13. YOU MUST BE AT LEAST THIRTEEN (13) YEARS OF AGE TO ACCESS AND USE THE SERVICES. If you are under the age of majority in your home state, which is eighteen (18) years in most states, you may not register for or participate in Contests or establish an Account, and you should use the Services only with the supervision of a parent or guardian who agrees to be bound by the Terms. Certain Services or sections of the Services, as well as promotions, programs, and commerce we may offer on the Services, may be explicitly limited to people over the age of majority. If you are not old enough to access the Services or certain sections or features of the Services, you should not attempt to do so.
2. Entry Requirements for the Contests.
2.1 No Purchase Necessary.
Participation is free of charge. No purchase or payment is required to enter or win. Making a purchase will not improve your chances of winning.
2.2 How to Enter.
To enter a Contest, you must register an account on the Platform, complete the entry form, and submit your picks before the applicable deadline.
2.3 Deadlines.
Entries must be received before the posted deadline for each Contest. Entries received after the deadline are void.
2.4 Limits.
Unless otherwise specified, each participant may enter one (1) account per Contest. Multiple accounts by the same individual are prohibited.
2.5 Technology Responsibility.
Participants are solely responsible for providing the equipment, internet access, and connectivity necessary to participate.
3. Game Rules for the Contests.
3.1 Rules.
Each Contest is governed by its own Official Rules, which will be posted on the Platform or the Services or linked from the Contest entry page. The Official Rules include details such as:
In the event of a conflict between these Terms and the Official Rules of a Contest, the Official Rules will control with respect to that Contest.
All Contests are subject to all applicable laws and regulations. WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND IN CONNECTION WITH ANY CONTEST, WHICH ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS.
3.2 Tie-Breakers.
Tie-breakers will be resolved using criteria set forth in Contest-specific Official Rules.
3.3 Prohibited Conduct.
Collusion, use of automated scripts or bots, fraudulent entries, or any manipulation of results is strictly prohibited and may result in disqualification.
4. Prizes for the Contests.
4.1 Sponsor Responsibility.
Prizes are provided by the sponsoring brand. Fantasy Royale does not guarantee prize delivery and is not responsible for sponsor fulfillment.
4.2 Substitutions.
Sponsors reserve the right to substitute a prize of equal or greater value if the advertised prize is unavailable.
4.3 Taxes.
Winners are solely responsible for all applicable federal, state, and local taxes. For prizes valued at $600 or more, winners must provide a completed IRS Form W-9, and sponsors may issue an IRS Form 1099.
4.4 Non-Transferable.
Prizes are non-transferable and may not be sold, traded, or assigned.
5. Contest Winner Selection and Notification
5.1 Selection.
Potential winners will be determined based on scoring results at the end of the Contest, as set forth in the Official Rules for that Contest.
5.2 Notification.
Potential Contest Winners will be notified via email or SMS or via the Platform or Services after Contest conclusion, as set forth in the Official Rules for the given Contest.
Contests may require contact information from you to facilitate your participation, such as to send you prizes. In most cases, this information is pulled from your account. It is your responsibility to make sure the information in your account is accurate. In connection with a Contest, you may win a physical item. Certain physical items cannot be shipped to P.O. Boxes. In such cases, if you fail to provide your home mailing address within five (5) days of the date when you are notified, you will forfeit rights to the physical item. You may be responsible for shipping and handling of physical items received through the Contest, and we are not responsible for lost or stolen physical items.
5.3 Verification.
Unless otherwise specified in the Official Rules for a given contest, potential winners must respond within 5 days of notification and may be required to provide proof of eligibility, complete an affidavit of eligibility, and/or sign a liability and publicity release. Failure to do so may result in forfeiture and selection of an alternate winner.
6. User Conduct
You agree not to:
Violations may result in suspension, disqualification, or legal action. We reserve the right to suspend, modify, or discontinue the eligibility of any person who uses or is suspected of participating in a Contest in a manner inconsistent with the Terms, the Official Rules of such Contest, or any federal or state laws, statutes, or ordinances. This suspension or discontinuance may apply to multiple Contests. In addition to suspension or discontinuance of eligibility, we have the right to take appropriate administrative and/or legal action against such persons.
While using the Services, you are required to comply with all applicable federal, state, county, city, and/or township statutes, orders, regulations, rules, and other laws. You may not use the Services for any fraudulent or unlawful purpose, and you may not take any action to interfere with the Services or any other party’s use of the Services. In addition, we expect users of the Services to respect the rights and dignity of others. For example, you may not do any of the following without our consent:
Linking: You are granted a limited, non-exclusive right to create text hyperlinks to the Services for informational purposes, provided such links do not portray us in a false, misleading, derogatory or otherwise defamatory manner and provided that the linking website or service does not contain any material that is unlawful, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar, obscene, hateful, pornographic, spam, discriminatory, violative of privacy or publicity rights, infringing of intellectual property or other proprietary rights, or otherwise objectionable in our sole discretion, including unauthorized or unsolicited advertising. Additionally, notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in a website’s root directory, we grant to the operators of public search engines permission to use spiders to copy Content from the Services for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such Content, but not caches or archives of such Content, or for any machine-learning or training data purposes. We may revoke these permissions at any time.
Downloads: From time to time, the Services may allow you to download certain Content, applications, software, and other information or materials. We make no representation that such download will be error or malware free or fit for a particular purpose. Certain downloads may be subject to a separate agreement either with us or a third party.
7. User Content
You are responsible for any information, text, reviews, posts, images, videos or other materials or content that you post on the Services, upload to us, or transmit through the Services (“User Content”). You agree, represent and warrant that any User Content you post on the Services or transmit through the Services is truthful, accurate, not misleading, and offered in good faith, and that you have the right to transmit such User Content. You shall not upload, post, or otherwise make available on or through the Services any User Content protected by copyright, trademark, or other proprietary right of any third party without the express written permission of the owner of such right(s). You shall be solely liable for any damages resulting from any infringement of copyright, trademark, proprietary rights, or any other harm resulting from such User Content.
PLEASE DO NOT POST OR SEND US ANY USER CONTENT, IDEAS, SUGGESTIONS, OR OTHER USER CONTENT THAT YOU WISH TO KEEP PRIVATE OR PROPRIETARY OR FOR WHICH YOU EXPECT TO RECEIVE COMPENSATION. USER CONTENT SENT TO US WILL NOT BE DEEMED PRIVATE OR CONFIDENTIAL. By sending any ideas, concepts, know-how, proposals, techniques, suggestions, or other User Content to us, you agree that: (i) we are free to use such User Content for any purpose; (ii) such User Content will be deemed not to be confidential or proprietary; (iii) we may have something similar already under consideration or in development; and (iv) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances unless otherwise expressly agreed in writing by us. Be aware that we have no obligation to keep User Content confidential unless explicitly stated.
User Content License: By submitting User Content to us directly or indirectly (including through any use of third-party social media platforms directed at us), you grant to us (or warrant that the owner of such information and material has expressly granted to us) a royalty-free, perpetual, sublicensable, irrevocable, and unrestricted right and license: (i) to use, reproduce, display, modify, adapt, publish, perform, translate, transmit, and distribute or otherwise make available to others such User Content (in whole or in part and for any purpose) worldwide; (ii) to incorporate such User Content in other works in any form, media, product, service, or technology now known or hereafter developed for any purpose, including sale, manufacture, or advertising (and to exercise all intellectual property rights associated with such products or other works); and (iii) to use your name, screen name, location, photograph, avatar, image, voice, likeness, and biographical information provided in connection with the User Content in any and all media and for advertising or promotional purposes. You also hereby grant each user of the Services a non-exclusive license to access your User Content through the Services, and to tag, rate, review, comment on, use, reproduce, distribute, display, and/or perform such User Content as permitted through the functionality of the Services and under the Terms. Additionally, you irrevocably waive any copyright infringement claims regarding our use of your User Content, and any “moral rights” or other rights with respect to attribution of authorship or integrity of your User Content that you may have under any applicable law or legal theory. Notwithstanding the foregoing, please note that any personally identifiable information you submit to us through our “Contact Us” forms, job application portals, or other forms that are intended to be confidential will be handled in accordance with our Privacy Policy and will not be publicly disclosed, except as described in our Privacy Policy or otherwise approved by you.
8. Entertainment Purposes Only
The Contests are offered for entertainment purposes only and may not be used in connection with gambling, wagering, or any unlawful activity. Participation does not involve risked money or property.
9. Text Message Program Terms
BY PARTICIPATING IN A TEXT MESSAGE PROGRAM, YOU ARE AGREEING TO THE DISPUTES, ARBITRATION, AND CLASS ACTION WAIVER OF THE TERMS AS WELL AS THE REST OF THE TERMS HEREIN, INCLUDING THE LIMITATION OF LIABILITY.
From time to time, Fantasy Royale may offer mobile alerts regarding Contests and other aspects of the Platform by SMS message (each a “Text Message Program”). Where any such Text Message Program is offered, the following terms apply:
Signing Up and Opting Into a Text Message Program
By opting into a Text Message Program, you:
Content You May Receive
Once you opt-in to a Text Message Program, your message frequency may vary. You may receive alerts about:
Our Privacy Policy applies to text message marketing programs and promotional notices.
Opting Out and Seeking Assistance
You may opt out of receiving text messages from us at any time by texting “STOP,” “END,” “UNSUBSCRIBE,” “CANCEL,” “QUIT,” or “PLEASE OPT ME OUT” to any of the text messages you have received from us. For a Text Message Program operated through a different number, text STOP to that number to opt out. If you unsubscribe from one of our Text Message Programs, you may continue to receive text messages from us through any other programs you have joined until you separately unsubscribe from those programs. The Terms will still apply if you withdraw the consent mentioned above or opt out of a Text Message Program.
Cost and Frequency of Messages
Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone’s pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data, or other charges incurred (usage, subscription, etc.) as a result of using a Text Message Program.
Text Message Programs are offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage, or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with a Text Message Program.
10. Accounts
Certain sections and features of some of the Services are available only to users (“Registered Users”) who have registered for an account (“Account”). Particularly, participating in Contests requires registering for an Account. We may reject a user ID (or e-mail address) for any reason in our sole discretion. For example, we may reject a user ID (or e-mail address) (i) that is already being used by someone else; (ii) that may be construed as impersonating another person; (iii) that belongs to another person; (iv) that violates the intellectual property or other rights of any person; or (v) that is offensive. You may only have one active Account at any given time, and you may not allow other people to use your Account to access the Services or participate in a Contest.
If you maintain an Account, we expect you to accurately maintain and update any information about yourself that you have provided to us. You agree that you are responsible for all activities that occur under your Account, and for maintaining the confidentiality of your password and restricting access to your computer so others may not access the Services in violation of the Terms. In addition, you agree to sign out from your Account at the end of each session if you are using a device that is shared with other people.
You agree to notify us of any unauthorized use of your Account username, log-in ID, password, or any other breach of security that you become aware of involving or relating to the Services by contacting us as soon as possible. We reserve the right to take any and all actions we deem necessary or reasonable to maintain the security of the Services and your Account, including without limitation, terminating your Account, changing your password, or requesting information to authorize transactions on your Account. WE EXPLICITLY DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.
11. Intellectual Property
All content, trademarks, graphics, logos, names, text, designs, trade dress, characters, interfaces, codes, images, photographs, sounds, videos, holograms, audiovisual works, and software on the Platform and the Services (“Content”) are the protected, exclusive intellectual property of, or used with permission or under license by, Fantasy Royale. Participation or use of or access to the Services does not grant you ownership rights, titles, or interest in any Content. Any rights not expressly granted herein are reserved. Such Content may be protected by copyright, trademark, patent, or other proprietary rights and laws. This includes the entire Content of each Service, which is copyrighted and protected. All intellectual property rights associated with the Services, and related goodwill, are proprietary to us or our licensors. Except as set forth below, the use of any Content available on the Services is strictly prohibited. You may not use our name or marks without prior written permission.
Subject to your compliance with the Terms, we grant you a limited license to access and use the Services and their Content for personal and informational purposes. No Content from the Services may be copied, reproduced, republished, performed, displayed, downloaded, posted, transmitted, or distributed in any way without written permission of the rights owner. Except as otherwise expressly authorized herein or in writing by us, you agree not to reproduce, modify, rent, lease, perform, display, transmit, loan, sell, distribute, or create derivative works based (in whole or in part) on all or any part of the Services or the Content.
Trademark Disclaimer: Fantasy Royale is not affiliated with, endorsed by, or sponsored by the NCAA, NFL, NBA, MLB, NHL, or any of their affiliates. All trademarks remain the property of their respective owners.
12. Third-Party Content and Links
Any information, statements, opinions, or other information provided by third parties and made available on the Services are those of the respective author(s) and not us. We do not guarantee the validity, accuracy, completeness or reliability of any opinion, advice, service, offer, statement, or other third-party content on the Services.
We may provide on the Services, solely as a convenience to users, links to websites, social media pages, mobile applications, or other services operated by other entities. If you click these links, you will leave the Services. If you decide to visit any external link, you do so at your own risk, and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. We do not make any warranty or representation regarding, or endorse or otherwise sponsor, any linked websites, services, or the information appearing thereon or any of the products or services described thereon. Links do not imply that we are legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links; or that any linked website or service is authorized to use any of our trademarks, logos, or copyright symbols.
We may maintain a presence on and link to social media websites, including Facebook, LinkedIn, Google Plus, X (formerly Twitter), YouTube, TikTok, Pinterest, and Instagram, and others (collectively, “Social Media Pages”), to provide a place for people to learn more about us and our offerings and to share experiences with our offerings. When you visit these Social Media Pages, you are no longer on the Services, but rather a website operated by a third party. All comments, visuals, and other materials posted by visitors to our Social Media Pages do not necessarily reflect our opinions, values, or ideas. All visitors to our Social Media Pages must comply with the respective social media platform’s terms of use.
YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES, APPLICATIONS, SERVICES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, INTELLECTUAL PROPERTY, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH THIRD PARTIES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
13. Disclaimers & Limitation of Liability
13.1 Technology.
We are not responsible for technical failures, network issues, or errors in scoring.
13.2 Third-Party Sponsors.
Prizes are solely the responsibility of the sponsoring brand. We disclaim all liability arising from sponsor conduct.
13.3 Disclaimer of Warranty
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF THE CONTENT AVAILABLE ON THE SERVICES OR ANY OTHER SITES LINKED TO OR FROM THE SERVICES. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY OR RELIABILITY OF ANY CONTEST. DOWNLOADING OR OTHERWISE OBTAINING ANY CONTENT THROUGH THE SERVICES IS DONE AT YOUR OWN RISK. THE SERVICES AND CONTENT ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
13.4 General Limitation.
WE AND OUR AFFILIATES, SUBSIDIARIES, DIVISIONS AND RELATED COMPANIES AS WELL AS OUR AGENTS, SUPPLIERS, SERVICE PROVIDERS, AND RETAILERS (COLLECTIVELY, THE “RELEASEES”) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE TERMS OR THE USE OR THE INABILITY TO USE THE SERVICES OR PLATFORM, CONTENT OR EXTERNAL LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, OR ANY COMPUTER VIRUS OR FAILURE.
RELEASEES WILL ALSO NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF DATA OR PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RELEASEES ALSO SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD-PARTY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
REGARDLESS OF THE PREVIOUS SENTENCES, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD-PARTY IS LIMITED TO THE GREATER OF THE ACTUAL TOTAL AMOUNT RECEIVED BY US FROM YOU IN THE SIX (6) MONTHS PRECEDING THE CLAIM, OR THE LOWEST LIABILITY LIMITATION ALLOWED BY APPLICABLE LAW.
13.5 Indemnification
You agree to indemnify, defend, and hold Fantasy Royale and the Releasees and all of our agents, representatives, directors, officers, employees, shareholders, successors, assigns, and contractors harmless from and against any and all claims, damages, suits, actions, liabilities, judgments, losses, costs (including without limitation reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from (i) your breach of any provision of the Terms; (ii) your activities in connection with the Services; or (iii) User Content or other information you provide to us through the Services. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
14. Privacy
Your participation in the Contests is also subject to our [Privacy Policy], which explains how we collect, use, and share information.
15. Assignment
We may assign this Agreement at any time with or without notice to you. You may not assign or sublicense this Agreement or any of your rights or obligations under this Agreement without our prior written consent.
16. DISPUTE RESOLUTION, ARBITRATION, AND CLASS WAIVER
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT OR TO PURSUE CLAIMS IN A CLASS OR REPRESENTATIVE CAPACITY.
ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. YOU MAY CHOOSE TO BE REPRESENTED BY A LAWYER IN ARBITRATION OR PROCEED WITHOUT ONE. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THE TERMS. IF, HOWEVER, EITHER THE CLASS ACTION WAIVER OR COORDINATED CLAIMS PROVISION BELOW ARE FOUND INVALID, THEN THE SPECIFIC INVALID PROVISION WILL BE UNENFORCEABLE AND WILL BE SEVERED AND THE REMAINDER OF THE ARBITRATION PROVISIONS WILL REMAIN IN FULL FORCE.
16.1 Agreement to Binding Arbitration.
You and we agree that any dispute, claim or controversy, including those known or unknown that may be later discovered, arising out of or relating to any aspect of our relationship, including, without limitation, your use or attempted use of the Services, all matters relating to or arising from the Terms, our Privacy Policy, or any other agreements between you and Company, including, the validity and enforceability of this agreement to arbitrate (each, a “Dispute”), shall be resolved by binding arbitration in Las Vegas, Nevada before one arbitrator, unless an exception applies as stated below. If the arbitrator finds this location to be unreasonably burdensome to you, a new location may be selected or arbitration may be conducted over the phone, using video conferencing, or similar. You may be entitled to an in-person hearing near your place of residence. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules (collectively, the “JAMS Rules”), as those Rules exist on the effective date of the Terms, including without limitation Rules 16.1 and 16.2 of the JAMS Rules. Judgment on any award may be entered in any court of competent jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
16.2 Exceptions to Arbitration
Notwithstanding the parties’ decision to resolve all disputes through arbitration, Fantasy Royale may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright infringement, piracy, moral rights violations, trademark infringement, and/or trade secret misappropriation. Excluded claims are subject to the governing law provision below. Either party may seek relief in a small claims court for any individual disputes or claims within the scope of that court’s jurisdiction. If an arbitration is filed, before the arbitrator is formally appointed, either party can send written notice to the opposing party and the applicable arbitration provider that it wants the case decided by a small claims court, after which the arbitration provider may close the case.16.3 Seeking Arbitration
If you elect to seek arbitration or file a small claim court action, you must first send to us, by certified mail, a written notice of your claim (“Notice”). The Notice to us must be addressed to: Fantasy Royale, 9121 West Russell Road, Suite 119, Las Vegas, Nevada, 89148. If we initiate arbitration, we will send a written Notice to an email address you have previously provided to us, if available. We may also use any other means to contact you, including a message in your Account. A Notice, whether sent by you or by us, must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). If you and we do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or we may commence an arbitration proceeding or file a claim in small claims court. Arbitration forms can be downloaded from jamsadr.com.16.4 Fees
You and we agree that for any arbitration you initiate, you will pay the filing fee up to US $250 and we will pay the remaining JAMS fees and costs in accordance with the JAMS Rules. For any arbitration initiated by us, we will pay all JAMS fees and costs.16.5 Hearing
The right to a hearing will be determined by the JAMS Rules. Except as expressly set forth herein, the payment of all filing, administration, and arbitrator fees will be governed by the JAMS Rules.16.6 Award
In the event arbitration awards you damages of an amount at least US $100 greater than our last documented settlement offer, we will pay your awarded damages or US $2,500, whichever is greater.16.7 Injunctive Relief
Notwithstanding the foregoing, you and we both agree that you or we may sue in court to enjoin infringement or other misuse of intellectual property rights or in other scenarios where injunctive relief is appropriate. In the event a court or arbitrator having jurisdiction finds any portion of the Terms unenforceable, that portion shall not be effective, and the remainder of the Terms shall remain effective. No waiver, express or implied, by either party of any breach of or default under the Terms will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.16.8 Confidentiality
You and we shall maintain the confidential nature of the arbitration proceeding and the Award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.16.9 Punitive Damage and Limitation of Liability
In any arbitration arising out of or related to the Terms, the arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. In any arbitration arising out of or related to the Terms, the arbitrator may not award any incidental, indirect, or consequential damages, including damages for lost profits.16.10 Thirty Day Right to Opt Out
You have the right to opt-out and not be bound by the arbitration agreement and class action waiver provisions in this Section by sending written notice of your decision to opt-out to the following email address: austin@austinekeler.com, using the subject line “Arbitration Opt-Out.” The notice must be sent within 30 days of the date on which you first became subject to the Terms; otherwise you shall be bound to arbitrate disputes in accordance with the terms of this Section. If you opt-out of these arbitration provisions, Company also will not be bound by them. Note, however, if you opt-out of these arbitration provisions, the class action waiver still applies.
16.11 California Residents
If you are a California resident, you will not be required to pay the fees and costs incurred by the opposing party if you do not prevail.17. Class Action Waiver.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE ACKNOWLEDGE AND AGREE THAT WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY. YOU AND WE FURTHER AGREE THAT ANY CLAIMS OR ARBITRATION UNDER THE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ARBITRATION OR CLASS ACTION. IF YOU OPT-OUT OF THESE ARBITRATION PROVISIONS AS SET FORTH BELOW, THIS CLASS ACTION WAIVER STILL APPLIES. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
18. Governing Law.
These Terms and the rights of the parties hereunder are governed by the laws of the State of Nevada, without regard to conflict-of-law rules. You and we acknowledge that the Terms evidence a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of the Terms shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16).
19. Modification to & Termination of Contests
We may modify, suspend, or terminate a Contest at any time if fraud, technical failures, or other factors impair the integrity of the Contest, or if required by law.
20. Modification to the Terms
Updates to these Terms will be posted on the Platform (and, if applicable, the Services) with a new effective date. When changes are made to the Terms, they will become immediately effective when published on this page unless otherwise noted. We encourage you to periodically review the Terms ―there may have been changes to our policies that may affect you. If you do not agree to the Terms as modified, then you must discontinue your use of the Services. Continued participation after changes constitutes acceptance of the revised Terms. We will make reasonable efforts to notify you of material changes to the Terms. Such efforts might include posting notice on the Services, an email to the address we have on file, or a message in your Account.
21. Miscellaneous
21.1 Severability.
If any provision of these Terms is held invalid or unenforceable, the remainder shall remain in full force. The provision held invalid or unenforceable shall be replaced in interpretation by a valid and enforceable term that most closely aligns with the intent of the original provision. If that is not possible, the provision shall be removed, and the rest of the Terms will be enforceable.
21.2 Survival.
Sections relating to Intellectual Property, Indemnification, Disclaimers, Limitation of Liability, and Dispute Resolution shall survive termination of your participation.
21.3 Termination.
The Services and the Terms are in effect until terminated by you or us. We may terminate the Terms by notifying you using any contact information we have about you or by posting such termination on the Services, including in your Account. You may terminate the Terms by providing written notice of termination, including your detailed contact information and any Account information or other Site credentials, to us using the information in the Contact Us section. In addition to any right or remedy that may be available to us under applicable law, we may suspend, limit, or terminate all or a portion of your access to the Services or any of their features at any time with or without notice and with or without cause, including without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms. We may be protected for liability from these actions under the Communications Decency Act, 47 U.S.C. § 230.
The provisions of the Terms concerning protection of intellectual property rights, authorized use, user submitted content, disclaimers, limitations of liability, indemnity, and disputes, as well as any other provisions that by their nature should survive, shall survive any such termination.
Upon any such termination, (i) you must destroy all Content obtained from the Services and all copies thereof; (ii) you will immediately cease all use of and access to the Services; (iii) we may delete or disable access to any of your User Content at any time; and (iv) we may delete your Account at any time. Termination of the Terms will end your participation in any Contest. You agree that if your use of the Services is terminated pursuant to the Terms, you will not attempt to use the Services under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold us harmless from any and all liability that we may incur therefore. Your use of the Services after termination will be a violation of this Section, which survives any termination.
Even after the termination of the Terms, your Account, access to the Services, or any User Content you have posted or submitted may remain on the Services indefinitely.
21.4 TERMS FOR USERS IN CERTAIN GEOGRAPHIC LOCATIONS
New Jersey Residents
If you are a consumer residing in New Jersey, the following provisions of the Terms do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (i) Disclaimer of Warranty; (ii) Limitation of Liability; (iii) Indemnity; and (iv) under the Disputes, Arbitration, and Class Action Waiver section and the governing law provisions (solely to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law). According to N.J.S.A. 56:12-16, you may have additional rights if you are a New Jersey resident and other provisions of this Agreement are found to violate an established legal right.
California Residents
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
If you are a California resident, you agree to consciously waive all claims, both known and unknown that may be later discovered and expressly forgo and waive all protections as by California Civil Code Section 1542, which states, “[a] general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” By using this Site, you agree that these California Civil Code Section 1542 protections no longer apply to you.
22. Contact Information
For questions about these Terms or a specific Contest, contact us at:
Fantasy Royale
austin@austinekeler.com
23. Entire Agreement.
These Terms constitute the entire agreement between you and Fantasy Royale regarding Contests and supersede all prior agreements. Additional terms, conditions, and/or policies may apply to use of specific portions of the Services and are included as part of the Terms, whether they reference the Terms or not. Other types of agreements and policies that you may be subject to include, but are not limited to, the Official Rules of a particular Contest, privacy policies, employment agreements, and vendor or business partner agreements.