We are Digital Polo Media LLC , having registered address of Trolley Square, Suite 20C, Wilmington, DE 19806 USA. All references to "Company", "we", "our" and "us" are references to Digital Polo Media LLC and our brand Fantasy Polo.
Please refer carefully to these Terms before you start to use any part of the Service. We recommend that you print a copy of these Terms for future reference. By accessing or using any part of the Service, you will be deemed to have understood and accepted these Terms, which form a binding agreement between you and us.
Other Applicable Terms
These Terms refer to the following additional terms and conditions, which also apply to your use of the Service:
our rules and scoring system ("Rules and Scoring System"), which sets out the rules and scoring system applicable to our Fantasy Polo games.
Modification of Terms
We may, in our sole discretion, modify these Terms at any time. You are responsible for reviewing and becoming familiar with any such modifications. The most current version of these Terms will be posted on the Site. Every time you wish to use the Service, please check the Site to ensure you understand the Terms that apply at that time.
These Terms were most recently updated on [30/05/2018]
In order to participate in any game on the Service, you will need to register with Company and open a player account ("Account").
All applicants must be over 18 years of age and of legal capacity to register with Company and open an Account. Company reserves the right to ask for proof of age and identification from any player and to suspend their Account unless and until satisfactory documentation is provided in accordance with paragraph 6 below.
In order to register and open an Account you will be asked to provide Company with accurate, current and complete personal information, which may include your name, date of birth, and contact details, including an address, country of residency, telephone number and email address ("Registration Data"). You agree to maintain and promptly update the Registration Data to keep it accurate, current and complete. You can update your account by sending an email to firstname.lastname@example.org. If you provide any information that is inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, Company may in its sole discretion deny you access to areas of the Service requiring registration, or suspend or terminate your Account, pending further investigation.
By completing the registration process, you represent and warrant that:
you are over 18 years of age;
you are fully able and competent and of legal capacity to enter into these Terms and use the Service; and
you have not had an Account closed by Company under paragraph 7 below.
You may establish, maintain, use and operate only one Account at any time. If Company determines that you have opened, maintained, used or operated more than one Account, in addition to any other rights that Company may have, Company reserves the right to suspend or terminate any or all of your Accounts and to terminate, withhold or revoke the awarding of any prize(s) otherwise due to you.
Account Password and Security
When registering an Account, you will be asked to choose a username and password to be used in conjunction with your Account. You may not use a username that promotes a commercial venture or a username that Company, in its sole discretion, deems offensive or inappropriate.
You are responsible for maintaining the confidentiality of your username and password associated with your Account. You shall be responsible for all uses of your Account where your username and password has been entered correctly (whether authorised or unauthorised). You shall be responsible for the security of any device(s) used to enter any game(s) via your Account and any other activities taking place on or via your Account.
to keep your username and password confidential and not share them with anyone else (and you acknowledge that your Account cannot be co-owned with anyone else);
to immediately notify Company of any unauthorised use of your username and password or Account or any other breach of security relating to your Account; and
to use only your own username and password to access the Service.
You acknowledge and agree that Company is authorised to act on instructions received through the use of your username and password.
Company cannot and will not be liable for any loss or damage arising from your failure to comply with this paragraph 5.
To protect your personal information Company uses industry standards such as TLS (Transport Layer Security) encryption to encrypt and secure your data.
You may not use the Service if you do not meet the eligibility requirements set out in this paragraph 6.
Company may require you to provide proof that you meet the eligibility requirements set out in this paragraph 6 prior to receiving a prize. Failure to provide sufficient proof within 5 days of Company making such a request shall entitle Company to determine that you do not meet the eligibility requirements of this paragraph 6 and, in addition to any rights that Company may have, Company reserves the right to suspend or terminate your Account and withhold or revoke the award of any prizes associated with your Account.
Your right to access and/or use the Service may be illegal in certain countries. You are responsible for determining whether your access and/or use of the Service is compliant with applicable laws in your jurisdiction and you warrant to us that it is not illegal to use the Service in the territory where you reside. We reserve the right to restrict access to all or certain parts of the Service in respect of certain jurisdictions.
You are only eligible to win a prize in any of the products offered via the Service if you are located in United Kingdom, USA or Argentina. Persons located outside of these jurisdictions may participate in products offered via the Service, but shall not be eligible to win any prizes.
By entering a game, you are representing and warranting that:
when entering any game that awards prizes, you are not an employee, shareholder, director, agent, representative or operator of another daily fantasy site that charges entrance fees or offers cash prizes; and
you do not, by virtue of affiliation with another daily fantasy site or otherwise, have access to the site’s pre-release non-public confidential data about game-related information.
Company employees may use the Service for the purpose of testing the user experience, but may not withdraw prizes.
If any player engages in conduct that Company deems to be unfair, improper, detrimental to other players, or otherwise contrary to the operation of the Service ("Improper Conduct"), Company may, at its sole discretion:
disqualify such player from a game and/or the Service;
suspend or terminate such player's Account; and/or
refuse to award benefits or prizes and/or require the return of any prizes.
Improper Conduct includes, but is not limited to:
falsifying personal information required to enter a game or claim a prize;
engaging in any type of fraud to enter a game or claim a prize;
colluding with any other individual(s) or engaging in any type of syndicate play;
any violation of these Terms (including any breach of the Rules and Scoring System);
accumulating points or prizes through unauthorised methods such as automated bots, or other automated means;
using automated means to interact with the Service in any way, or to obtain, collect or access any information on the Service or any other player;
any type of abuse of any offers or promotions;
tampering with the administration of a game or trying to in any way tamper with the computer programs or any security measure associated with a game;
obtaining other players information or spamming other players;
abusing, harassing, impersonating, intimidating or threatening other players;
posting or transmitting (or authorising or causing the posting or transmitting of) any content that is infringing, libelous, defamatory, abusive, offensive, obscene, pornographic or otherwise violates any law or right of any third party; or
abusing the Service in any way.
You agree that you shall not participate in or be connected with any form of Improper Conduct in connection with your access or use of the Service.
We will take all reasonable steps to prevent and detect Improper Conduct and to identify the relevant players concerned if they do occur. Notwithstanding the foregoing, however, we will not be liable for any loss or damage which you may incur as a result of any Improper Conduct, and any action we take in respect of the same will be at our sole discretion.
If you suspect that a person is engaged in any Improper Conduct, you must report it to Company as soon as reasonably practicable by e-mailing email@example.com. Your failure to do so shall constitute a breach of these Terms.
There may be circumstances which arise which result in the Service not running as originally planned ("Errors"). Such Errors may include, without limitation: if the Service becomes corrupted or does not allow the proper usage and processing of entries in accordance with the Rules and Scoring System; or if a computer virus, bug, tampering, unauthorised intervention, actions by players, fraud, technical failures, inadvertent errors on our part (as further described in paragraph 8.2 below) or any other cause of any kind, corrupts or affects the administration, security, fairness, integrity or proper conduct of the Service.
For the purposes of paragraph 8.1 above, an 'inadvertent error' on our part may include, without limitation:
where we have continued to allow entries into a game which should have been suspended (e.g. where the relevant event had already started) or had already finished; or
where we should not have accepted, or have the right to cancel, entry into a game pursuant to the Rules and Scoring System; or
where an error is made by us as to any prize(s) that are awarded to you, including as a result of a manual or computer input error.
Company will use reasonable endeavours to remedy an Error as soon as reasonably practicable. Subject to us doing so (but it being acknowledged by you we can only be in a position to take such steps if we become aware of an Error), neither we nor our partners shall be liable for any loss that results from any Error by us or by you.
You shall inform us as soon as reasonably practicable should you become aware of any Error.
Company reserves the right, in its sole discretion, to disqualify any player implicated in or relating to the cause of any Errors and/or may cancel, terminate, extend, modify or suspend the Service, and select the winner(s) from all eligible entries received. If such cancellation, termination, modification or suspension occurs, a notification may be posted on the Service.
You agree that you will not: (1) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (2) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (3) bypass any measures we may use to prevent or restrict access to the Service.
The failure of Company to comply with any provision of these Terms due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Company (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Terms.
Games: Players will be given the opportunity to view the various Fantasy Polo games available for entry on the Service. Each game will be governed by the Rules and Scoring System. The Rules and Scoring System form part of these Terms and are available by clicking here. Company reserves the right to alter, amend or supplement the Rules and Scoring System at any time and in its absolute discretion. Company shall not be liable for any loss or damage that may result from any such change to the Rules and Scoring System. Game winners will be determined by the criteria stated the Rules and Scoring System.
After each game ends, the tentative winners are announced (generally by the following day) but remain subject to final verification. The players in each game who accumulate the most fantasy points and comply with all eligibility requirements and applicable rules will win prizes as set out in the game details posted on the Service. Prizes are awarded to winners in the manner set out in the game details posted on the Service. In the event of a tie, the prize is divided evenly between the tied players, unless otherwise specified.
No substitution or transfer of a prize is permitted. If the awarding of any prize is challenged by any legal authority, Company reserves the right in its sole discretion to determine whether or not to award or adjust such prizes. Subject to the foregoing, in any dispute arising out of the determination of the winner of any game, Company is the sole judge and its actions are final and binding.
Prizes are only available to players located in UK, USA and Argentina.
Notification of Prizes:
Game winners will be posted on the Site after the conclusion and validation of each game.
We will attempt to contact winners (subject to final verification) via their registered contact details. It is each player's responsibility to ensure that all contact information is correct and valid. The Company shall not be responsible for your failure to receive notification of winning a prize if your registered contact details are incorrect or incomplete.
It is the player's responsibility to respond to Company's notification in order to claim their prize. If a player does not respond within 30 days of notification, the Company reserves the right (in its sole discretion) to allocate the prize to another entrant.
The notification may include a request for the player to provide details for electronic bank transfer forpayment of a prize.
Payment of prizes:
The payment of any prize will be subject to players providing the Company with the following: (a) a copy of the player’s passport or driver’s license including date of birth; (b) proof of player’s address (this can be in the form of a utility bill or bank statement). The Company can pay out prize money by cheque or bank transfer. If a player wishes to be paid via wire/bank transfer, player must provide the Company with the player’s bank account details. The Company is unable to make payment of a prize by any alternative payment method.
Payment of prizes to anyone other than the customer will not be permitted.
You understand that all content made available on the Service by players (“Player Content”), including but not limited to profile information and communications with other players, is the sole responsibility of the person from which such Player Content originates. This means that you, not Company, are entirely responsible for all Player Content that you upload, post, share, email, transmit, or otherwise make available via the Service. Under no circumstances will Company be liable in any way for any Player Content.
Under no circumstances should you use the Service for any purpose which is or is likely to be considered to be defamatory, abusive, obscene, inappropriate, indecent or unlawful, or which could cause offence to any other player on the Service. You must not use any abusive or aggressive language or images, swear, threaten, harass or abuse any other person, including other players, via the Service, or behave in such a manner towards any Company representative.
You acknowledge that Company may or may not screen Player Content, but that Company has the right (but not the obligation) in its sole discretion to modify and/or move any Player Content available via the Service.
With respect to Player Content you submit or otherwise make available on or to the Service, you grant to Company an irrevocable, fully sub-licensable, perpetual, world-wide, royalty-free, non-exclusive licence to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Player Content (in whole or in part), and to incorporate such Player Content into other works, in any format or medium now known or later developed.
You are solely responsible for your interactions with other players of the Service. Company reserves the right, but has no obligation, to monitor disputes between you and other players.
Violation of these Terms may result in the removal of your Player Content from the Service and/or the termination of your Account. You acknowledge and agree that Company may remove any Player Content and terminate any Account at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Player Content). To report violations of these Terms, please contact us.
You hereby indemnify, defend and hold harmless Company and its parents, subsidiaries, affiliates and agencies, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities, from and against any and all losses, liabilities, expenses, damages, costs (including attorneys’ fees and court costs) claims or actions of any kind whatsoever arising or resulting from your use of any aspect of the Service, your violation of these Terms, your receipt, ownership, use or misuse of any prize, and any of your acts or omissions that implicate publicity rights, defamation or invasion of privacy. Company reserves the right, at its own expense, to assume exclusive defence and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Company in the defence of such matter.
You expressly understand and agree that your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement.
You acknowledge that Company has no control over, and no duty to take any action regarding: which players gain access to or use the Service; what effects the Service may have on you; how you may interpret or use the Service; or what actions you may take as a result of having been exposed to the Service.
Limitation of Liability
Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by the laws of the state of Delaware.
You assume full responsibility for your use of the Service. Except as expressly set out in these Terms, we make no representations, warranties or guarantees of any kind in respect of the Service or any content available through the Service and all conditions, warranties and representations express or implied are hereby excluded to the full extent permitted by law.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise for any of the following: loss of profits; loss of opportunity; damage to goodwill or reputation; business interruption; or any special, indirect, incidental, exemplary, economic, punitive or consequential loss or damages of any kind, in each case related to or arising from:
use of, or inability to use, the Service;
use of or reliance on any content displayed on or accessed via the Service;
any action taken in connection with an investigation by the company or law enforcement authorities regarding your use of the Service;
any action taken in connection with copyright owners; or
any errors or omissions in the technical operation of the Service.
You acknowledge that the Service and all material published on the Service including but not limited to text, graphics, photos, logos, button icons, images, trade marks, audio and audio visual clips, databases, data compilations, data and software (but excluding any Player Content) (the "Service Content") is owned and controlled by or licensed exclusively to us. You may not copy, adapt, display, communicate to the public or otherwise use any Service Content except as enabled and permitted by the Service from time to time.
You may print off one copy, and may download extracts, of any page(s) from the Service which you are authorised to access provided that such prints and downloads are for your personal and non-commercial use only.
Subject to your compliance with these Terms, Company grants you a limited, non-exclusive, non-transferable licence to download and install a copy of the App on a device that you exclusively control and to run such copy of the App solely for your own personal use. All rights in and to the App not expressly granted to you under these Terms are reserved to Company absolutely.
We aim to provide you with a fun online game for as long as you want to play. However, you have the right to close your account at any time and have us delete all of your personal information unless we are in the process of responding to any complaint that you may have made.
We may, in our sole discretion, terminate your password, Account or use of the Service without notice if you are in breach of these Terms or if we believe in our absolute discretion that your use of the Service is unsuitable in any way.
The Service may offer links to other websites from which third party services can be obtained and which we reasonably believe to be reputable sources of such services. However, you acknowledge that these other websites are independent from us and we make no representations or warranties as to the legitimacy, accuracy or quality of such third party services, and we do not accept any responsibility for their content, safety, practices or privacy policies.
We will use reasonable endeavours to ensure that no part of the Service will contain or spread any viruses or other malicious code. However, we recommend that you ensure that computers used to access the Service run up-to-date anti-virus software as a precaution, and you are advised to virus-check any materials downloaded from the Site and regularly check for the presence of viruses and other malicious code. To the fullest extent permitted by law we exclude liability for damage or loss of any kind caused by viruses or other harmful components originating or contracted from the Service.
We aim to provide you with a substantive response to your complaint as soon as practically possible and seek to resolve your complaint within four weeks from the date we receive the complaint.
Depending on the complexity of the complaint, our investigation may take longer than four weeks to resolve. We will ensure that we write to you within four weeks of the date we receive your complaint with either a final response or an update of the position explaining why we are not in a position to provide a final response, and when we expect to be in a position to do so.
These Terms (and any additional terms, rules and conditions of participation in particular games that Company may post on the Service) constitute the entire agreement between you and Company with respect to the Service and supersede any prior agreements, oral or written, between you and Company. In the event of a conflict between these Terms and the additional terms, rules and conditions of participation in particular games, the latter will prevail over these Terms to the extent of such conflict.
If any provision or part of a provision of these Terms is held to be illegal, invalid, unenforceable or against public policy pursuant to a final adjudication by a court of competent jurisdiction, such provision will be deemed severed from these Terms and the remainder of these Terms will remain in full force and effect.
No provision of these Terms shall be enforceable solely by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to these Terms.
These Terms are governed by Delaware law and the courts of the state of Delaware shall have non-exclusive jurisdiction over any disputes arising in respect of or in relation to these Terms and your use of the Service.