YAHOO DAILY FANTASY BASKETBALL CONTEST PRESENTED BY BETMGM
THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION AND JURY TRIAL WAIVER CLAUSES IN SECTION 12 BELOW.
1. Eligibility: The Yahoo Daily Fantasy Basketball Contest Presented by BetMGM (the “Contest”) is the Contest of skill. Contest is open to players who are legal residents of, and physically located in, the “Eligibility Area” (as defined in the Daily Fantasy Terms of Service) at the time of entry, and who are at least 21 years of age. You must have a Yahoo account (available for free) and the ability to create Fantasy teams (available for free) via the https://sports.yahoo.com/dailyfantasy website (each user being a "Player" and together the "Players"). Contest is void in overseas U.S. territories, possessions, military installations, and commonwealths, and where otherwise prohibited by law. Employees, agents, successors, and assignees of Yahoo Fantasy Sports LLC (“Yahoo” or “Sponsor”), BetMGM, LLC, and MGM Resorts International (prize provider) (“MGM”),, and their respective parent companies, affiliates, subsidiaries, advertising agencies, underwriters, and promotional companies, any other participating prize sponsors, and any entity involved with or otherwise providing services or prizes related to the Contest, (all of the foregoing, together with the Sponsor, collectively referred to as "Contest Entities"), and the immediate family members (parent, child, sibling, domestic partner, or spouse of any of the foregoing) and persons living in the same household as such individuals, whether related or not, are not eligible to win. All U.S. federal, state, and local laws and regulations apply.
In addition to these Official Rules, Contest are also subject to the following:
- The rules appearing on the applicable Daily Fantasy Contest page
- Basketball Scoring rules: https://sports.yahoo.com/dailyfantasy/help/nba/rules
Additional Basketball rules: https://www.verizonmedia.com/policies/us/en/verizonmedia/terms/rules/dailyfantasybasketball/index.html
2. Sponsor: Yahoo Fantasy Sports LLC, 701 First Avenue, Sunnyvale, CA, 94089.
3. Agreement to Official Rules: Participation in the Contest constitutes Player’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.
4. Timing: A Contest will begin and end on the dates/times listed on the applicable Daily Fantasy Contest pages (the “Contest Period”). Submissions received prior to or after the Contest Period will be disqualified. Yahoo’s computer is the official time-keeping device for the Contest.
5. How to Participate: The Contest will be promoted at the following https://sports.yahoo.com/dailyfantasy/. To enter the Contest you must log into your Yahoo account (or create an account for free if you are not already a Yahoo account owner) and visit the Daily Fantasy page or section within the Yahoo Fantasy app and click to “Join” the Contest and follow the instructions to pay the entry fee from your Daily Fantasy Wallet. From there, you will be able to create your Daily Fantasy team by selecting a line-up of players for the Contest, in accordance with the rules of Daily Fantasy https://sports.yahoo.com/dailyfantasy/help/nba/rules (for guidance on how to play Daily Fantasy, including scoring, choosing a line-up and managing your team, please take a look at our help pages).
Limit: Players registering more than once for the Contest using multiple Yahoo user names/accounts will be disqualified. In the event of a dispute regarding the identity of the holder of the Yahoo account associated with a particular entry, the dispute will be resolved in favor of the individual who is the authorized holder of the Yahoo username and password associated with the account (based upon information submitted at the time the account was created or updated upon registration for this Contest), and, if available, the "authorized email account holder" of the "alternate email address" provided when the Yahoo account was created. "Authorized email account holder" is defined as the natural person assigned an email address by an internet access provider, online service provider, or other organization (i.e., business, educational institution) responsible for assigning email addresses for the domain associated with the submitted email address. If there is a discrepancy between the name of the person listed as the authorized holder of the Yahoo account, and the authorized email account holder of the alternate email address provided when the Yahoo account was created, that Yahoo account will be disqualified and any potential prize will be forfeited. A potential Prize winner may be required to provide Contest Entities with proof that he/she is the authorized account holder for each of the credentials described above.
6. Winner Determination: After the conclusion of the Contest Period, your Fantasy team’s performance will be scored in accordance with the rules and player scoring found here: https://sports.yahoo.com/dailyfantasy/help/nba/rules. Your lineup will win the stated prize(s) if it falls within the predetermined prize structure. In the event of a tie, the following tie-breaker methods will be used:
- 1st tiebreaker: team with most Points (PT)
- 2nd tiebreaker: team with most Assists (AST)
- 3rd tiebreaker: team with most Rebounds (REB)
- 4th tiebreaker: team with most Steals (ST) and Blocks (BLK)
In the event there is still a tie after the above tie-breaker methods have been utilized (two or more Players with identical rosters), the Player who submitted their Contest submission first during the Contest Period (regardless of whether Player made changes to their lineup after initial submission) will be deemed the winner. Yahoo’s computer is the official time-keeping device for the Contest. All decisions regarding tie-breakers are at Yahoo’s sole discretion.
7. Winner Requirements: Potential winner will be notified by Yahoo via email at the conclusion of the Contest. A potential winner will be required to sign and return a Declaration of Eligibility, Liability Waiver, W-9 Form, and except where prohibited, a Publicity Release ("Declaration"), which must be received by Sponsor within a required time period, in order to claim their prize. If a potential winner cannot be contacted, fails to sign and return the Declaration or provide other requested information within the required time period (as applicable), or does not comply with these Official Rules, the potential winner forfeits the prize and the prize may be awarded to an alternate winner if time permits, or will remain unawarded. Participation in the Contest and/or acceptance of any prize shall constitute and signify each Player’s (including winner’s) agreement and consent that Sponsor and its designees may use the Player’s/winner’s name, city, state, likeness, photograph, picture, statements about the Contest and/or prize information in connection with the Contest for promotional, advertising or other purposes, worldwide, in perpetuity, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law.
8. Prizes: Prize details, including their respective retail values, will be listed on the applicable Contest page on the Daily Fantasy site. Prizes do not include air or ground transportation. Transportation to/from Las Vegas is the sole responsibility of the winners and their guests. Travel must be completed by 6/30/22 on dates approved by Sponsor. The approximate retail value of the prize will be stated on the applicable Contest page. The difference in value as stated on the applicable Contest page and value at time of prize notification, if any, will not be awarded in cash or otherwise. Hotel arrangements are determined by Sponsor, in its sole discretion, and must be made through Sponsor’s agent. Winner will not receive the cash value or be compensated in any manner for any unused credits (i.e., food and beverage credit, spa credit, pool cabana credit, performance entertainment credit, in-room amenities credit, nightlife credit). Such credits can be used at participating MGM Resorts International owned and operated properties, facilities, and locations in Las Vegas (except Aria) for hotel accommodations, food and beverage, nightlife/entertainment (i.e. show tickets), pool cabana rentals, and spa. Resort credits cannot be used for golf, merchandise, gratuities, and gambling. Due to availability and/or other limitations, MGM Resorts International reserves the right to substitute specific types of resort credits for alternate types of resort credit. Each trip prize does not include gratuities, in-room charges, travel expenses, transfers, taxes, bag check fees, air/ground transportation, any other item or expense not specifically described in these Official Rules (or the applicable Contest page), and all additional expenses, if any, are the sole responsibility of the prize winner. Prize winners and companions are also responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. Sponsor will not replace any lost or stolen tickets, travel vouchers or certificates. Each winner of a trip prize will be required to present a valid government-issued photo identification and provide a valid major credit card at the time of hotel check-in. Each trip must be taken on dates approved by Sponsor or prize will be forfeited in its entirety and may be awarded to a runner-up if time permits. Sponsor reserves the right to change dates. Each winner’s guest must be 21 years of age or older and will be required to sign and return to Sponsor a Travel Release form prior to the trip, by a deadline to be determined by Sponsor. All winners and guests are responsible for obtaining all necessary travel documents prior to travel. It is the responsibility of each prize winner and their companion (if any) to provide proper documentation (including government issued picture identification). All winners and their guests must comply with venues’ rules and regulations. Failure to do so may result in forfeiture of applicable prize element. All prize details are at Sponsor’s sole discretion. Once a winner’s travel companion is selected, they may not be substituted, except in Sponsor’s sole and absolute discretion. Contest Entities shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by hotels, venue operators, prize providers or any other persons providing any trip prize-related services or accommodations. Contest Entities are not liable for any missed prize events, opportunities or expenses incurred as a consequence of flight cancellation/delay or ground transportation delay. In the event the prize winner (and/or their companion) engage in behavior that (as determined by Sponsor or any prize provider in their sole and absolute discretion) is obnoxious, inappropriate, or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the trip or other applicable experience early.
Prize is non-transferable and non-assignable, with no cash redemptions except in Sponsor’s sole and absolute discretion. Sponsor reserves the right to substitute a prize (or any portion thereof) with one of comparable or greater value in their sole and absolute discretion. Specifics of all prizes are at the sole discretion of the Sponsor. The winner of a prize is fully responsible for any and all applicable federal, state and local taxes (including income and withholding taxes). Sponsor makes no warranties, express or implied, relative to the use or enjoyment of a prize or portions thereof, including without limitation, its quality, merchantability or fitness for a particular purpose.
9. Release: By participating in the Contest, Players agree to release and hold harmless Contest Entities from and against any claim or cause of action arising out of participation in the Contest or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Contest; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) lost, late, postage-due, misdirected, or undeliverable mail; (e) errors in the administration of the Contest or the processing of entries; or (f) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Player’s participation in the Contest or receipt of any prize(s). Player further agrees that in any cause of action, Contest Entities’ liability will be limited to the cost of entering and participating in the Contest, and in no event shall Contest Entities be liable for attorney’s fees. Player waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
10. General Conditions: In the event that the operation, security, or administration of the Contest is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, the Sponsor may, in its sole discretion, either: (a) suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules; or (b) award the prize(s) from among the eligible entries received up to the time of the impairment. The Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Sponsor reserves the right in its sole discretion to disqualify any individual if finds to be in violation of the Yahoo Daily Fantasy Terms of Service at https://www.verizonmedia.com/policies/us/en/verizonmedia/terms/product-atos/dailyfantasy/index.html. Any attempt by any person to undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. The Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
11. Limitations of Liability: Contest Entities assume no responsibility or liability for lost, late, misdirected, incomplete, jumbled, garbled, or scrambled entries or communications, or for theft, destruction, or unauthorized access to, entries or communications. Contest Entities assume no responsibility for any incorrect or inaccurate information, whether caused by website users or by any of the equipment or programming associated with or utilized in the Contest, by any technical or human error which may occur in the processing of submissions, data entered by participants, or registration in the Contest. Contest Entities assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, failures or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, effects of hackers, software, email, players, or browsers, whether on account of technical problems, traffic congestion on the Internet or at any website, or on account of any combination of the foregoing, that may occur (including but not limited to any such problems which may result in the ability to access the Contest’ microsites or to process any transaction(s) in connection with the Contest). Contest Entities assume no responsibility for any injury or damage to participants or to any computer related to or resulting from participating or downloading materials in these Contest. If, for any reason, the Contest, or any of their respective components are not capable of running as planned, including, without limitation, infection by computer virus, bugs, tampering, hacking, unauthorized intervention, fraud, technical failures of any kind, whether human, mechanical, or electronic, or any other causes beyond the control of Contest Entities which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest, or the affected component thereof, and, in its sole discretion, to award the Prize only within that portion of the Player group not affected by the disruption. In addition, should the 2020-21 professional basketball season be postponed, shortened, interrupted, modified, or cancelled for any reason, Sponsor reserves the right at its sole discretion to award Prize at the time the 2020-21 professional basketball season is affected, or to cancel, terminate, modify, or suspend the Contest. Contest dates are subject to change as a result of any changes made to the dates of the professional basketball season.
12. Disputes: BINDING ARBITRATION AGREEMENT. AGREEMENT TO ARBITRATE. YOU AND SPONSOR BOTH AGREE TO RESOLVE ANY AND ALL DISPUTES, CONTROVERSIES OR CLAIMS THAT IN ANY WAY ARISE OUT OF OR RELATE TO THESE TERMS OR FROM ANY SERVICES YOU RECEIVE FROM US (OR FROM ANY ADVERTISING FOR ANY SUCH SERVICES), INCLUDING ANY DISPUTES BETWEEN YOU AND OUR EMPLOYEES OR AGENTS (“DISPUTE(S)”), ONLY BY ARBITRATION ON AN INDIVIDUAL BASIS OR IN SMALL CLAIMS COURT. YOU UNDERSTAND THAT BY AGREEING TO THESE TERMS, ARBITRATION OR A SMALL CLAIMS ACTION WILL BE THE SOLE AND EXCLUSIVE MEANS OF RESOLVING ANY DISPUTE BETWEEN US. YOU ALSO UNDERSTAND THAT BY AGREEING TO THESE TERMS, YOU AND SPONSOR ARE GIVING UP THE RIGHT TO BRING A CLAIM IN COURT OR IN FRONT OF A JURY (EXCEPT FOR MATTERS THAT MAY BE BROUGHT IN SMALL CLAIMS COURT), AND THAT YOU AND SPONSOR ARE GIVING UP THE RIGHT TO PROCEED WITH ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION. We also both agree that:
- Notice of Dispute. If either you or Sponsor intends to arbitrate under these Terms, the party seeking arbitration must first notify the other party of the Dispute in writing at least 30 days in advance of initiating the arbitration. Notice to Sponsor should be sent to Sponsor either by mail to Oath, Attn: Disputes, 701 First Avenue, Sunnyvale, CA 94089; or firstname.lastname@example.org. Notice to you will be to your email address(es) and street address(es), if any, that Sponsor has in its records at the time the notice is sent. The notice must describe the nature of the claim and the relief being sought. If we are unable to resolve the Dispute within 30 days, either party may then file a claim for arbitration.
- Arbitration Procedure. The Federal Arbitration Act applies to these Terms. Except for small claims court cases, any and all Disputes will be resolved by arbitration administered by the American Arbitration Association ("AAA"), which will apply the AAA's Consumer Arbitration Rules (excluding any rules or procedures governing or permitting class actions). You can get additional information from the AAA (www.adr.org). These Terms govern to the extent they conflict with the AAA’s Rules.
- Small Claims Court Option. As an alternative to arbitration, you may bring an individual action in small claims court in your county of residence or Santa Clara County, California provided that your Dispute meets the requirements of the small claims court.
- Arbitration Location. Unless you and Sponsor agree otherwise, the arbitration must take place, or the small claims action must be filed, in the county of your primary residence or Santa Clara County, California.
- Arbitration Fees and Expenses. We will reimburse any filing fee that the AAA charges you for arbitration of the Dispute. If you provide us with signed written notice that you cannot pay the filing fee, we will pay the fee directly to the AAA. If the arbitration proceeds, we will also pay any administrative and arbitrator fees charged later.
- Severability. If any part of this agreement to arbitrate is found by a court of competent jurisdiction to be unenforceable, the court will reform the agreement to the extent necessary to cure the unenforceable part(s), and the parties will arbitrate their Dispute(s) without reference to or reliance upon the unenforceable part(s). However, if for any reason the Class Action Waiver set forth below cannot be enforced as to some or all of the Dispute, then the agreement to arbitrate will not apply to that Dispute or portion thereof, but the remainder of the agreement to arbitrate will be binding and enforceable. The parties do not agree to class arbitration or to the arbitration of any claims brought on behalf of others.
CLASS ACTION WAIVER. THESE TERMS DO NOT ALLOW CLASS OR COLLECTIVE ARBITRATIONS, EVEN IF THE AAA PROCEDURES OR RULES WOULD. NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE THE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM. ARBITRATION OR COURT PROCEEDINGS HELD UNDER THESE TERMS CANNOT BE BROUGHT, MAINTAINED OR RESOLVED ON BEHALF OF OR BY A CLASS, AS A PRIVATE ATTORNEY-GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY. IN ADDITION, INDIVIDUAL PROCEEDINGS CANNOT BE COMBINED WITHOUT THE CONSENT OF ALL OF THE PARTIES. ANY QUESTION REGARDING THE ENFORCEABILITY OR INTERPRETATION OF THIS PARAGRAPH WILL BE DECIDED BY A COURT AND NOT THE ARBITRATOR.
JURY TRIAL WAIVER. IF FOR ANY REASON A DISPUTE PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND SPONSOR AGREE THAT THERE WILL NOT BE A JURY TRIAL. YOU AND SPONSOR UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM IN ANY WAY ARISING OUT OF OR RELATING TO THESE TERMS. IN THE EVENT OF LITIGATION, THIS PARAGRAPH MAY BE FILED TO SHOW A WRITTEN CONSENT TO A TRIAL BY THE COURT.
Choice of Law. These Terms and the relationship between the parties, including any claim or dispute that might arise between the parties, whether sounding in contract, tort, or otherwise, will be governed by the laws of the State of New York without regard to its conflict of law provisions. In no event will the parties bring claims against one another under the laws of another jurisdiction.
Forum. If for any reason a Dispute proceeds in court rather than through arbitration, all such Disputes (regardless of theory) arising out of or relating to these Terms, or the relationship between you and Sponsor, will be brought exclusively in the courts located in the county of New York, New York or the U.S. District Court for the Southern District of New York. In such cases, you and Sponsor agree to submit to the personal jurisdiction of the courts located within the county of New York, New York or the Southern District of New York, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
14. Winner’s List: You may obtain a Winner’s name by sending a self-addressed stamped envelope (specifying which Contest you are requesting the Winner of): Yahoo Daily Fantasy Contest Presented by BetMGM, c/o Yahoo Sports, 770 Broadway, New York, NY 10003. Requests must be received within 60 days after the applicable Contest has ended.
© 2020 Verizon Media. All rights reserved.
Sports leagues or teams (including, but not limited to, the National Basketball Association or their affiliated clubs or unions) are not sponsors or participants of this Contest in any way and will have no liability or responsibility for any claim arising in connection with participation in the Contest or any prizes awarded.