PLEASE READ THESE TERMS CAREFULLY BEFORE USING BLITZ: DRAFT™ AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.
IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 27 OF THESE TERMS. ANY DISPUTE BETWEEN YOU AND US SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS ONLY, AND ONLY FOR YOUR OWN LOSSES. ARBITRATION MEANS YOU WILL NOT BE ABLE TO SEEK DAMAGES IN COURT OR PRESENT YOUR CASE TO A JURY. IN ADDITION, YOU MAY NOT PROCEED AS A CLASS REPRESENTATIVE, MEMBER OR PART OF ANY PROPOSED CLASS ACTION, COLLECTIVE ACTION, MASS ARBITRATION, PRIVATE ATTORNEY GENERAL SUIT, QUI TAM ACTION OR ANY REPRESENTATIVE PROCEEDING, AND YOU MAY NOT OTHERWISE SEEK TO RECOVER ON BEHALF OF OTHERS OR FOR THE BENEFIT OF OTHERS IN ANY TYPE OF CLAIM OR ACTION.
The following Terms of Service (“Terms”) set forth the terms and conditions of the agreement between you, an individual user (“You”), and Empyr Sports Inc., a Delaware Corporation that operates Blitz: Draft™ (“Blitz: Draft™”) in conjunction with Empyr Sports Inc.’s offering of fantasy sports contests (“the Service”) through our website or app (collectively, the “Site”), and these Terms govern your rights and responsibilities with respect to your use of the Site and Service.
Blitz: Draft™ will provide you with access to interactive fantasy sports contests (each a “Contest”), in which you must select players through the use of your skill and knowledge of professional sports. For all Contests, winners are determined by Blitz: Draft™ based on the ability to predict the performance of athletes over the course of multiple, real-world sporting events that take place over the course of a given real-world game or games. Blitz: Draft™ shall have the sole discretion of determining its game and Contest rules (the “Rules”) and selecting winners of these Contests. Further, Blitz: Draft™ shall be the sole arbiter of disputes over who wins each Contest. Contest and related Rules are available to users of our app.
By accessing the Site and / or using any part of the Site or Service, you agree to be bound by these Terms. It is your responsibility to review these Terms regularly to determine whether they have changed. If you do not agree to all of the Terms, then you may not access the Site or attempt to use our Service. By use of the Site and / or Services, you acknowledge that you have read and understand these terms, represent that you are of legal age to enter into a binding agreement, and accept these terms and agree that you are legally bound by these Terms and the Blitz: Draft™ Privacy Policy.
These Terms, the Privacy Policy, and any other terms and conditions incorporated herein by reference, constitute the entire agreement between you and Blitz: Draft™ with respect to the Site and Service, and these Terms supersede any prior agreements, oral or written, between you and Blitz: Draft™. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provisions. The failure of Blitz: Draft™ to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
Except for Section 27 providing for binding arbitration and waiver of class action rights, Blitz: Draft™ reserves the right, at its sole discretion, to modify or replace the existing Terms at any time. Should any change in Terms occur, we will notify you to the email associated with your account if you have an account with us. You shall be responsible for reviewing and becoming familiar with any such modifications. Updated versions will never apply retroactively and will give the date they go into effect. Your continued use of the Site or Service upon any change or modification of the Terms constitutes your constructive acknowledgement and acceptance of these modifications.
By using our Site or Service, you hereby represent and warrant that you are a natural person (corporate entities and similar organizations are not eligible to use the Service) and you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in the Terms of Service and to abide by and comply with these Terms.
Further, you represent and warrant that:
If any of the above representations and warranties are not met or you fail to provide any requested information in a timely manner to allow us to conduct a check to ensure the accuracy of your representations, in addition to any other rights and remedies available under law or equity, Blitz: Draft™ reserves the right to suspend or terminate your account and to revoke or withhold the awarding of any prizes associated with your account.
Also, in the event that Blitz: Draft™ discovers that you have opened more than one account and/or have attempted to claim a prize in a jurisdiction where it is impermissible for you to do so, in addition to any other rights that Blitz: Draft™ may have, Blitz: Draft™ reserves the right to suspend or terminate any or all of your accounts and terminate, withhold or revoke the award of any prizes.
As a condition of use, you agree not to use the Site or Service for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Blitz: Draft™. By way of example, and not as a limitation, you agree to conduct yourself with good sportsmanship at all times, and not to purchase multiple teams within a given Contest unless the Contest affirmatively allows for multiple entries by the same user, and not to engage in Collusion with other users to win any Contest (the term “Collusion” shall include, but is not limited to, working together with another user to better any one entry at the expense of another and/or efforts to draft a team while receiving assistance from another user of Blitz: Draft™ who competed in a Contest in the same sport on the same day).
In addition, you agree not to:
Further, you agree not to submit comments discussing or linking to affiliate programs, multi-level marketing schemes, personal business ventures, or off-topic content; not to post, email, transmit, upload, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed or functioning to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; and not to use any robot, spider, scraper or other automated means to access the Site or Service for any purpose (except for RSS feed access) without our express written permission.
Finally, 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 Site or Service or any activities conducted on the Site or Service; or (3) bypass any measures Blitz: Draft™ may use to prevent or restrict access to the Site or Service.
Violation of these Terms or our Rules may result in the removal of your content from the Site and/or the revocation of your access to the Service. You acknowledge and agree that Blitz: Draft™ may remove any User Content and terminate any user’s access to the Service 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 User Content). IN ADDITION, ANY ATTEMPT BY A USER TO DELIBERATELY DAMAGE THE SITE OR SERVICE OR TO UNDERMINE THE LEGITIMATE OPERATION OF OUR CONTESTS IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT OCCUR, BLITZ: DRAFT™ RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH USER TO THE FULLEST EXTENT AVAILABLE BY LAW. YOU FURTHER CONSENT TO ENTRY OF AN INJUNCTION AGAINST YOU TO BAR ANY SUCH THREATENED OR ACTUAL ATTEMPT, WITHOUT THE NEED FOR BLITZ: DRAFT™ TO POST BOND.
To report abuse of the Site or Service, or violation of these Terms, please contact us at Team@BlitzDraftFantasy.com.
You understand that all content created or posted by users of either the Site or Service (“User Content”), including but not limited to profile information and communications with other users, whether privately transmitted or made publicly available, is the sole responsibility of the person from which such User Content originated. This means that you are entirely responsible for all User Content that you upload, post, share, email, transmit, or otherwise make available via the Site or Service. Under no circumstances will Blitz: Draft™ be liable in any way for any User Content uploaded, posted, shared, emailed, transmitted or otherwise made available via the Site or Service.
You represent that you will not use the Site or Service to post, share, email, transmit, or otherwise make available via the Site or through the Service, or cause to be posted, shared, emailed, transmitted, or otherwise made available via the Site or Service, any User Content that is: infringing, libelous, defamatory, abusive, offensive, obscene, pornographic, vulgar, or otherwise in violation of any law or right of any third party; or that infringes upon the intellectual property rights of Blitz: Draft™, its users, or any third party. You agree at all times to defend, indemnify and hold harmless Blitz: Draft™, its affiliates, successors, transferees, assignees, and licensees, and its respective parent and subsidiary companies, agencies, associates, officers, directors, members and employees of each, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees, arising out of or related to your User Content.
You acknowledge that Blitz: Draft™ may or may not pre-screen User Content, but that Blitz: Draft™ and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, permanently delete, and/or move any User Content available via the Site or Service. Without limiting the foregoing, Blitz: Draft™ and its designees shall have the right (but not the obligation) to remove any User Content that violates these Terms or is otherwise objectionable in Blitz: Draft™’s sole discretion. You understand that by using the Site or Service, you may be exposed to User Content that you may consider offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or disclosure of any User Content. You further acknowledge and agree that you bear the sole risk of reliance on any content available on or through the Site or Service.
With respect to User Content that you submit or make available on the Site or Service, you grant Blitz: Draft™ a perpetual, irrevocable, fully sub-licensable and transferable, worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such User Content (in whole or in part) and to incorporate such User Content into other works in any format or medium now known or later developed.
You are solely responsible for your interactions with other users of the Site or Service. Blitz: Draft™ reserves the right, but has no obligation, to monitor disputes between you and other users.
By using this Site or Service, you agree to provide Blitz: Draft™ with a perpetual, irrevocable, fully sub-licensable and transferable, worldwide, royalty-free, non-exclusive license to use, for any purpose, including an online leaderboard, any information provided by you on our Site or Service. Specifically, you consent to the use of your name, voice, likeness, and photograph in connection with the development, production, distribution and/or exploitation (including marketing and promotion) of the selected Contest and/or other Contests facilitated by Blitz: Draft™, unless otherwise prohibited by law. The types of information we collect, and how we use, store and share that information is further described in our Privacy Policy.
Contest winners agree that, from the date of notification of their status as a potential winner and continuing until such time when notified that they no longer need to do so, they will make themselves available to Blitz: Draft™ for publicity, advertising and promotional activities relating to any Contest in which they participate.
In order to use our Site or Service, you must register for an account. By registering as a user, you agree to provide accurate, current and complete information about yourself as prompted (such information being the “Registration Data”) and to maintain and promptly update the Registration Data to keep it accurate, current and complete. Furthermore, you will not take any steps to mask your identity, location or demographic information. If you provide any information that is inaccurate, not current or incomplete, or Blitz: Draft™ has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, Blitz: Draft™ may deny you access to areas of the Site or Service, at its sole discretion.
At the time of registering for an account, you must provide a valid email address and supply a username and password to be used in conjunction with your account or any other access credentials we require or make available to you to allow you to login or create an account. Many portions of the Site and Service require registration for access. You are responsible for maintaining the confidentiality of your username and password and any other access credentials, and are fully responsible for all uses of your username and password, whether by you or others. You agree to (a) keep your username and password and any other access credentials confidential and not share them with anyone else; (b) immediately notify Blitz: Draft™ of any unauthorized use of your username and password or account or any other breach of security; and (c) use only your username and password to access your account. IF THERE IS UNAUTHORIZED USE OF YOUR ACCOUNT, YOU WILL BE LIABLE FOR THE LOSSES INCURRED BY YOURSELF, BLITZ: DRAFT™ AND OTHERS DUE TO ANY UNAUTHORIZED USE.
As a result of your registration for the Service, you may receive certain commercial communications from Blitz: Draft™. You understand and agree that these communications are part of your registration, and that you may opt out of receiving these communications at any time by either using the unsubscribe functionality or sending an email to Team@BlitzDraftFantasy.com. However, you acknowledge that some transactional messages are deemed to be part of the Services and are not commercial communications that can be opted out of.
You acknowledge, consent and agree that Blitz: Draft™ may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary: (i) to comply with legal process; (ii) to enforce these Terms of Service; (iii) to respond to claims that any content violates the rights of third parties; (iv) to respond to your requests for customer service; or (v) to protect the rights, property, or personal safety of Blitz: Draft™ , its Users and the public.
For more information about how Blitz: Draft™ uses your personal information, please visit our Privacy Policy.
You will not hold Blitz: Draft™ or its partners responsible for: any incorrect, invalid or inaccurate entry information; human errors; technical malfunctions; failures, including public utility or telephone outages; omissions, interruptions, latency, deletions or defects of any telephone system or network, computer online systems, data, computer equipment, servers, providers, or software (including, but not limited to, software and operating systems that do not permit an entrant to participate in the Service), including without limitation any injury or damage to any entrant’s or any other person’s computer equipment relating to or resulting from participation in the Service; inability to access the Site or Service, or any web pages of Blitz: Draft™ ; theft, tampering, destruction, or unauthorized access to, or alteration of, entries and/or images of any kind; data that is processed late or incorrectly or is incomplete or lost due to telephone, computer, or electronic malfunction or traffic congestion on telephone lines or transmission systems, or the Internet, or any Service provider’s facilities, or any Site for any other reason whatsoever; typographical, printing or other errors; or any combination thereof.
Blitz: Draft™ and any partners are also not responsible for incomplete, illegible, misdirected or stolen Contest entries. If for any reason the Service is not capable of running as originally planned, as well as if the Site or Service becomes corrupted or does not allow for the proper usage and processing of entries in accordance with the Rules, or if infection by a computer (or similar) virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in the sole opinion of Blitz: Draft™ corrupts or affects the administration, security, fairness, integrity or proper conduct of the Service, Blitz: Draft™ reserves the right, in its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, extend, modify or suspend the Service, and select the winner(s) from all eligible Contest entries received. If such cancellation, termination, modification or suspension occurs, notification will be posted on the Site.
From time-to-time servers may overload and data may be lost. Blitz: Draft™ assumes no responsibility for the occasional loss of data, irrespective of whether this loss is temporary or permanent in nature.
The failure of Blitz: Draft™ to comply with any provision of these Terms or any Rules due to an act of god, hurricane, war, fire, riot, earthquake, terrorism, pandemic, endemic, act of public enemies, actions of governmental authorities outside of the reasonable control of Blitz: Draft™ (excepting compliance with applicable laws and regulations) or other force majeure event will not be considered a breach of these Terms.
Blitz: Draft™, as well as its Site and Service, is not in any way affiliated with any professional or amateur sports league, or with any players association or collection of players. The use of players’ names and/or images in conjunction with their statistics in our Contests is intended for informational purposes only and should not be construed as an endorsement of our Contests.
BY USING BLITZ: DRAFT™ SERVICE OR ACCEPTING ANY PRIZE, YOU AGREE TO RELEASE AND TO HOLD HARMLESS BLITZ: DRAFT™ AND EACH OF ITS SUBSIDIARIES, LICENSORS, SERVICE PROVIDERS, AFFILIATES AND AGENCIES, AS WELL AS THE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS AND REPRESENTATIVES OF ANY OF THE FOREGOING ENTITIES FROM ANY AND ALL LIABILITY, CLAIMS OR ACTIONS OF ANY KIND WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, FOR INJURIES, DAMAGES OR LOSSES TO PERSONS AND PROPERTY WHICH MAY BE SUSTAINED IN CONNECTION WITH PARTICIPATION IN THE SERVICE, THE RECEIPT, OWNERSHIP, USE OR MISUSE OF ANY PRIZE OR WINNINGS, AND CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY.
You agree at all times to defend, indemnify and hold harmless Blitz: Draft™, its licensors, service providers, affiliates, successors, transferees, assignees, and licensees, and its respective parent and subsidiary companies, agencies, associates, officers, directors, members and employees of each, from and against any and all claims, causes of action, damages, judgments, settlements, interest, awards, liabilities, losses, deficiencies, penalties, fines, costs and expenses of whatever kind, including legal fees, arising out of or related to your breach of these Terms or your use or misuse of the Site or Services.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BLITZ: DRAFT™ DISCLAIMS ALL WARRANTIES--STATUTORY, EXPRESS OR IMPLIED--INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPIETARY RIGHTS.
FURTHER, YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE AND SERVICES ARE AT YOUR SOLE RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, AND BLITZ: DRAFT™ EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, BLITZ: DRAFT™ PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. YOU ACKNOWLEDGE THAT BLITZ: DRAFT™ HAS NO CONTROL OVER, AND NO DUTY TO TAKE ANY ACTION REGARDING: WHICH USERS GAIN ACCESS TO THE SITE OR SERVICES, OR USE THE SITE OR SERVICE; WHAT EFFECTS THE CONTENT MAY HAVE ON YOU; HOW YOU MAY INTERPRET OR USE THE CONTENT; OR WHAT ACTIONS YOU MAY TAKE AS A RESULT OF HAVING BEEN EXPOSED TO THE CONTENT. YOU RELEASE BLITZ: DRAFT™ FROM ALL LIABILITY FOR YOUR HAVING ACQUIRED OR NOT ACQUIRED CONTENT THROUGH THE SERVICE OR THE SITE. THE SITE MAY CONTAIN OR DIRECT YOU TO SITES CONTAINING INFORMATION THAT SOME PEOPLE MAY FIND OFFENSIVE OR INAPPROPRIATE. BLITZ: DRAFT™ MAKES NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE SITE OR SERVICE AND BLITZ: DRAFT™ WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE SITE OR SERVICE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICE IS DONE AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF DOWNLOADED MATERIAL.
YOU UNDERSTAND AND AGREE THAT, UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, SHALL BLITZ: DRAFT™, ITS LICENSORS, SERVICE PROVIDERS, AFFILIATES, SUCCESSORS, TRANSFEREES, ASSIGNEES, AND LICENSEES, AND ITS RESPECTIVE PARENT AND SUBSIDIARY COMPANIES, AGENCIES, ASSOCIATES, OFFICERS, DIRECTORS, MEMBERS OR EMPLOYEES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BLITZ: DRAFT™ HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE OR SERVICE; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (IV) ANY OTHER MATTER RELATING TO THE SITE OR THE SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BLITZ: DRAFT™ ’S, AND ITS LICENSORS, SERVICE PROVIDERS, AFFILIATES, SUCCESSORS, TRANSFEREES, ASSIGNEES, AND LICENSEES, AND ITS RESPECTIVE PARENT AND SUBSIDIARY COMPANIES, AGENCIES, ASSOCIATES, OFFICERS, DIRECTORS, MEMBERS AND EMPLOYEES, LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO BLITZ: DRAFT™ FOR GENERAL USE OF THE SITE OR SERVICE DURING THE TERM OF YOUR REGISTRATION FOR THE SITE OR SERVICE IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE CLAIM, NOT INCLUDING ANY ENTRY FEES FOR CONTESTS COMPLETED PRIOR TO THE CIRCUMSTANCES GIVING RISE TO THE CLAIM, OR (II) $100. THIS LIMITATION ON LIABILITY SHALL EXTEND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWS.
All title, ownership and intellectual property rights in and to the Site and Service are owned by Blitz: Draft™ or its licensors. You acknowledge and agree that the Site and Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Blitz: Draft™, you agree not to modify, rent, lease, loan, sell, publicly display, distribute or create derivative works based on the Site or Service, in whole or in part. You acknowledge and agree that the Services, including the Site, is provided under license, and not sold, to you. You do not acquire any ownership interest in the Site or Services under these Terms, or any other rights thereto other than to use the Site and Services in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these Terms.
The Site and Services provide, or third parties may provide, links to other World Wide Web sites or resources. Recognizing that Blitz: Draft™ has no control over such sites and resources, you acknowledge and agree that Blitz: Draft™ is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Blitz: Draft™ shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Blitz: Draft™ may from time to time make materials and information, in any form or medium, including any AI Feature, AI Technology, open-source or other software, documents, data, content, specifications, products, equipment, or components of or relating to the Services that are not proprietary to Blitz: Draft™ (“Third-Party Products”) available to you. For purposes of these Terms, such Third-Party Products may be subject to their own terms and conditions. If you do not agree to abide by the applicable terms for any such Third-Party Products, then you should not use such Third-Party Products, and you acknowledge the Services may be limited without such use. You hereby authorize Blitz: Draft™ to disclose information about you, and allow third-party providers to use and process such information so that we may provide you our Services, whether or not such providers are disclosed to you or white labeled. Third-Party Products may include software components that are subject to an open-source license agreement, which may include software available under certain open-source operating systems, software licenses, or any other license that is approved by the Open-Source Initiative (“Open-Source Components”). Nothing in these Terms limits your rights under, nor grants you rights that supersede, the terms and conditions of any applicable license terms for any Open-Source Components. A list of Open-Source Components and AI Technologies which Blitz: Draft™ may make available through the Service and information related thereto is available here. For purposes of these Terms, an "AI Feature" means any feature, functionality, or component of the Services that incorporates, uses, depends on, or employs any AI Technology; and “AI Technology” means any and all machine learning, deep learning, and other artificial intelligence technologies, including statistical learning algorithms, models (including large language models), neural networks, and other artificial intelligence tools or methodologies, all software implementations of any of the foregoing, and related hardware or equipment capable of generating various types of content (including text, images, video, audio, or computer code) based on user-supplied prompts.
ACCESS AND USE OF THIRD-PARTY SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS AND SERVICES OF THIRD-PARTY SITES OR AVAILABLE THROUGH THIRD PARTY SITES IS SOLELY AT YOUR OWN RISK. ALL THIRD-PARTY MATERIALS (INCLUDING ANY THIRD-PARTY SITE, LINKS, AND THIRD-PARTY PRODUCTS) ARE PROVIDED “AS IS” AND ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY THIRD-PARTY MATERIALS IS STRICTLY BETWEEN YOU AND THE THIRD-PARTY OWNER OR DISTRIBUTOR OF THE THIRD-PARTY SITE OR THIRD-PARTY PRODUCT.
Blitz: Draft™ may terminate or suspend the Site and any and all Services and your Blitz: Draft™ account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Service. We may suspend or terminate your account or access to our Site or Services without notice to you for any reason or no reason at all without liability, including but not limited to if you violate these Terms, you create risk or possible legal exposure for us, your account should be removed due to unlawful conduct, or our provision of the Services to you is no longer commercially viable. Upon termination of your account or access to our Site or Service, your right to use the Site and Services will immediately cease, and all rights under these Terms shall cease other than those deemed to survive termination under Section 34 of the Terms.
If you wish to terminate your Blitz: Draft™ account, you may simply discontinue using the Site and Services or contact us with a note to say you wish to terminate your account. If you contact us expressing the desire to permanently close your account, we will do so at any time, for any reason. The best way to contact us about terminating your account is by emailing us at Team@BlitzDraftFantasy.com.
In addition, if you are the parent or guardian of a minor who you believe has accessed our Site or Services for the purpose of entering into our Contests, we will close that account at any time, for any reason. The best way to contact us about terminating such an account is by emailing us at Team@BlitzDraftFantasy.com. How you may access your wallet connected to your account and any amounts therein in the event your account is suspended or terminated, or your access to our Site or Services is suspended or terminated, is set forth in our app Rules.
You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms of Service. This means, among other things, that you agree, to the full extent permissible by law, no third party shall have any rights to bring claims arising out of these Terms of Service on your behalf or to claim for themselves rights that are afforded to you under this agreement.
Blitz: Draft™ may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who infringe the intellectual property of others. If you are a copyright owner, or an agent of a copyright owner, and believe that any content on our Site, or Service infringes upon your copyrights, you may submit notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our designated Copyright Agent with the following information in writing (see 17 USC 512(c)(3)): (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; (iv) information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Blitz: Draft™ ’s designated Copyright Agent to receive notifications of claimed infringement can be reached at Team@BlitzDraftFantasy.com.
If you believe that material you posted on the Site or Services was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a "Counter-Notice") by submitting written notification to our copyright agent designated below. Pursuant to the DMCA, the Counter-Notice must include substantially the following:
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice. Please be aware that if you knowingly materially misrepresent that material or activity on the Services was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under the DMCA. It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
The Federal Arbitration Act shall govern all matters related to arbitration. Otherwise, you agree that any claim you may have against Blitz: Draft™, irrespective of whether the claim that is brought arises under contract, tort or other legal theory, shall be interpreted exclusively under the law of the State of New York. No user of the Site or Services, successor in interest, or any other party seeking to bring suit on behalf of the interests of a user may attempt to argue any state law claims under any theory other than the law of the State of New York. THIS CHOICE OF LAW CLAUSE SHALL APPLY WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES AND IRRESPECTIVE OF THE UNDERLYING CAUSE OF ACTION.
Should you have any concerns or complaints related to our Site of Service or otherwise need consumer support, you are free to reach out to us at Team@BlitzDraftFantasy.com.
Both you and Blitz: Draft™ agree to use best efforts to settle any concerns or complaints related to our Site or Service internally through our customer service process and internal dispute resolution procedure (“Internal Dispute Resolution Procedure”) before the filing of any kind of formal legal proceeding against the other related to our Site or Service. In addition, both you and Blitz: Draft™ agree that it is a prerequisite to initiating any lawsuit or arbitration against the other related to our Site or Service to first engage in good faith negotiations under our two-step Internal Dispute Resolution Procedure that appears below.
Our two-step Internal Dispute Resolution Procedure works as follows:
Both you and Blitz: Draft™ shall use best efforts to settle any dispute, claim, question, or disagreement related to our Site and/or Service and engage in good faith negotiations which shall be a precondition to filing a formal claim in any court or through any arbitration process as provided in these Terms. However, if the parties acting in good faith still have not reached an agreed upon solution within thirty (30) days from the telephonic conference or within sixty (60) days of the other parties receipt of an email articulating the full substance of the complaint, or any such other time period as may be required by law, whichever is later, then either party may initiate a binding arbitration, to the extent permitted by law, as the sole means to resolve the complaint as explained in Section 27 of the Terms, which appear immediately below. The parties agree that any relevant statute of limitations period and other such deadlines will be tolled by the amount of time that the parties initiate and engage in this informal dispute resolution process.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT:
Any controversy or claim arising out of, in connection with, or in any way relating to the Terms of Service, with the exception of those controversies or claims specifically excluded in the following paragraph, shall be settled by binding arbitration with a single arbitrator from the American Arbitration Association (“AAA”) in connection with AAA rules. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. Any such arbitration shall be held within a fifty-mile radius of New York, NY. ARBITRATION MEANS YOU WILL NOT BE ABLE TO SEEK DAMAGES IN COURT OR PRESENT YOUR CASE TO A JURY.
You and Blitz: Draft™ agree that the following types of disputes are not subject to this binding arbitration provision: (1) any disputes seeking to enforce or protect, or concerning the validity of either any of your intellectual property rights or Blitz: Draft™ ’s intellectual property rights; (2) any claim for injunctive relief; and (3) any type of dispute that is not eligible for arbitration based upon the application law of New York as governs these Terms.
The Commercial Arbitration Rules governing the arbitration may be accessed at www.adr.org (at time of publication of these Terms, the most recent version are directly accessible here: 2025_CommercialRules_Web.pdf) or by calling the AAA at 1-800-778-7879.
In addition, you and Blitz: Draft™ agree that any arbitration shall be conducted in the individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND BLITZ: DRAFT™ AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THIS MEANS THAT ANY SUCH DISPUTE BETWEEN YOU AND BLITZ: DRAFT™ SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS ONLY, AND ONLY FOR YOUR OWN LOSSES. THIS FURTHER MEANS YOU MAY NOT PROCEED AS A CLASS REPRESENTATIVE, MEMBER OR PART OF ANY PROPOSED CLASS, COLLECTIVE ACTION, MASS ARBITRATION, PRIVATE ATTORNEY GENERAL SUIT, QUI TAM ACTION OR ANY REPRESENTATIVE PROCEEDING, OR OTHERWISE SEEK TO RECOVER ON BEHALF OF OTHERS OR FOR THE BENEFIT OF OTHERS IN ANY TYPE OF CLAIM OR ACTION. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following address: Team@BlitzDraftFantasy.com. The notice must be sent within 30 days of your first use of the Site or Service. Otherwise, you shall be bound to arbitrate disputes. If you opt-out of these arbitration provisions, Blitz: Draft™ also will not be bound by them.
Blitz: Draft™ will provide 60-days’ notice of any changes to this section. Changes will become effective on the 60th day, and will apply prospectively only to any claims arising after the 60th day. If you continue to use the Site or Service after the 60th day, or you affirmatively accept the changes sooner after having been provided notice, you agree that any unfiled claims are subject to the revised clause.
For any dispute not subject to arbitration, or where no election to arbitrate has been made, you and Blitz: Draft™ agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located within a fifty-mile radius of New York, NY. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
The failure of Blitz: Draft™ to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Blitz: Draft™ without restriction. Any assignment attempted to be made in violation of these Terms of Service shall be deemed void. In addition, you agree that to the fullest extent permissible by law, no third party shall have any rights to bring claims arising out of this Terms of Service on your behalf or to claim for themselves rights that are afforded to you under these Terms.
You agree that no joint venture, partnership, employment, or agency relationship of any kind exists between you and Blitz: Draft™. YOU FURTHER ACKNOWLEDGE THAT BY SUBMITTING USER CONTENT TO Blitz: Draft™, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND Blitz: Draft™.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or Services, or these Terms, must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The headings and section titles in the Terms are for convenience only and have no legal or contractual effect.
You acknowledge and agree that Blitz: Draft™ offers daily fantasy sports contests of skill and not games of chance, sports betting, or any form of gambling. For purposes of any statute, regulation, or common law claim permitting the recovery of alleged gambling losses including but not limited to state “loss recovery” statutes, qui tam actions, or any other claims derived from the Statute of Anne of 1710, you agree that any entry fees paid or amounts lost by you in connection with Blitz: Draft™ contests do not constitute gambling losses and are not recoverable under any such statute or claim. You further agree that Blitz: Draft™ acts solely as the provider and operator of daily fantasy sports contests and does not participate in or influence the outcome of any contest. You expressly and knowingly waive any and all claims to recover alleged gambling losses, whether asserted by you, on your behalf, or by any third party acting for or through you, and you acknowledge that this waiver is binding on your successors, assigns, heirs, representatives, and any third parties asserting claims derived from your participation in Contests. or Services
The following sections of these Terms shall survive the termination of the Terms and/or your account, irrespective of whether terminated by you or Blitz: Draft™: Sections 6, 8, 9, 12, 14, 17, 18, 19, 20, 21, 22, 23, 25, 26, 27, 28, 30, 31, 32, 34 and 35.
If you have any questions regarding these Terms, please contact us at team@blitzdraftfantasy.com
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