YAHOO SPORTS REWARDS POINTS TERMS & CONDITIONS
IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED BELOW.
ACCEPTANCE OF REWARDS POINTS TERMS & CONDITIONS
These Yahoo Sports Reward Points Terms & Conditions (“Rewards T & Cs”) set forth terms and conditions for a rewards program offered in connection with the Yahoo Sports service, including content, fantasy games and other user activities offered on that service (collectively, “Yahoo Sports”). These Rewards T&Cs are additional to, and incorporated by reference into the Yahoo Sports Paid Fantasy Terms of Service (“Paid Fantasy TOS”) and any additional Terms of Service that apply to Yahoo Sports or certain components of Yahoo Sports. (As used herein, “Yahoo” shall refer to Oath Holdings Inc. and its affiliates.)
Your use, or continued use, of Yahoo Sports constitutes acceptance of these Rewards T&Cs. Do not use Yahoo Sports if you do not wish to be bound by these Rewards T&Cs. Yahoo may update and change these Rewards T&Cs at any time without notice to you; your access to and/or use of Yahoo Sports after any such change means you accept such change.
A. Overview of the Rewards Points Program
1. The Yahoo Sports Rewards Points program (the “Program”) is a loyalty program sponsored by Yahoo. The Program will offer individuals the opportunity to earn and accumulate reward points (“Points”) by performing various activities in or related to content, fantasy games, and other activities offered on Yahoo Sports, and individuals will be eligible to redeem or use Points to receive rewards which may be offered from time to time by Yahoo.
2. Eligibility and Automatic Enrollment.The Program is open to all individuals who have a Yahoo ID (and thus have a Yahoo account) and are in compliance with the Verizon Media Terms of Service (https://verizonmedia.com/policies/us/en/verizonmedia/terms/otos/index.html). You will be automatically enrolled in the Program once you log-in to Yahoo Sports using your Yahoo ID and complete your first Point-earning activity. To earn or use Points through specific components of Yahoo Sports (such as fantasy games) that have additional eligibility requirements, you must meet such requirements posted in any relevant additional Terms of Service. Void where prohibited by law.
B. Earning and Redeeming Points
1. You can earn Points in the Program by engaging in different actions on or in connection with Yahoo Sports. Yahoo may also offer you different ways to redeem or use your Points for various rewards – such as to enter paid fantasy contest using Points, or to receive merchandise, services, virtual items, or other rewards (collectively, “Rewards”). The ways in which you can earn and use your Points are posted here: http://help.yahoo.com/kb/index?page=content&id=SLN27849&locale=en_US. From time to time, Yahoo may change or offer new ways to earn and use your Points, so please review that page periodically for updates.
2. At any time, Yahoo reserves the right in its sole discretion to add, remove or change the number of Points awarded for actions, as well as the actions that you can perform to earn Points.
3. Your Points will be recorded and tracked in your account. It may take up to 48 hours after qualifying activities have happened for applicable Points earned to be noted in your account. Yahoo reserves the right in its sole discretion to award Points at a later date if additional time is needed for any reason.
4. You may not combine, transfer or share Points in your account with any other accounts. You may not transfer or sell any Points, or perform any other action in any manner in violation or attempted subversion of these Reward T & Cs. Any attempt to combine or transfer Points (or Rewards offered or redeemed) will result in disqualification from the Program and forfeiture of all Points in your Account. Yahoo reserves the right to take any other or additional action it deems appropriate in its sole discretion in the event that Yahoo believes (in its sole discretion) that you or other users have violated this provision.
5. You are responsible for ensuring the accuracy of Points in your account and are encouraged to check your account regularly. If you believe that Points were not properly accrued to your account, you must contact customer service within 15 days of the day of the date when the Point-earning activity occurred. You can do so by completing the online form available at this link: https://io.help.yahoo.com/contact/index?page=contact&locale=en_US&y=PROD_SPORTS_REWARDS_POINTS.
6. Yahoo’s decisions regarding the awarding of Points are final and binding. Earned Points that are subsequently determined to be invalid for any reason are subject to disqualification and will be removed from your account.
7. By collecting Points and/or redeeming any virtual Rewards, you have obtained a limited license to a digital product. Points and any virtual Rewards are not your personal property and have no monetary or cash value. Points and any virtual Rewards may be revoked at any time by Yahoo as set forth herein. Points and any virtual Rewards may not be transferred or assigned, and are not transferable upon death, as part of a domestic relations matter or otherwise by operation of law.
8. Among other Rewards, Yahoo may offer you the opportunity to use Points to enter fantasy contests on Yahoo Sports. When available, you will see an option to “Enter With Rewards Points” (or similar language) rather than entering with actual funds to enter a fantasy contest, and that option will designate the number of Points required to enter such contest. (This option will not appear if you do not have sufficient Points in your account to enter the specific fantasy contest. You may not use Points to partially cover a fantasy contest entry fee). Once you click to enter a fantasy contest using your Points, the designated number of Points will be deducted from your account. If you use Points to enter a fantasy contest but then later cancel your entry before the fantasy contest has begun, your account will only be refunded the Points that you used to enter that contest; under no circumstances can you request or receive (as a refund) the monetary amount of the contest’s entry fee in lieu of the Points you used to enter the contest.
9. Point Expiration. If your account does not reflect any Points-earning or Points-redeeming activity for a period of two (2) years, all Points in your account at such time will automatically expire. You cannot recover expired Points even if you later engage in activities that earn new Points.
C. Modifications and Termination of the Program
1. Yahoo reserves the right to modify any of the Rewards T&Cs set forth herein - including, but not limited to, aspects of the Program; methods by which you can earn Points; the amount of Points earned for each type of activity or qualifying activity; methods by which you can use Points and Rewards offered; the number of Points that earned or used through the Program (including during any time period); and any of the options made available to you with respect to your account - at any time, even though these changes may affect your ability to earn, accrue, redeem and/or use Points.
2. Yahoo reserves the right to terminate the Program at any time, for any reason, with or without notice, even though termination may affect your ability to accrue Points, use already-earned Points, redeem Rewards or use already-redeemed Rewards. All Points achieved by you will no longer be useable in the Program after the effective date of termination.
3. Any changes to the Program or these Rewards T&Cs that Yahoo makes will be effective immediately on notice, which it may give either by posting to Yahoo Sports or via electronic mail. Your continued participation in the Program constitutes your acceptance of any changes to these Rewards T&Cs. You are responsible for remaining knowledgeable as to any changes that Yahoo may make to these Rewards T&Cs.
D. General Terms
1. Limitation of Liability. Yahoo and its subsidiaries, affiliates, directors, officers, employees, agents, partners and licensors (“Yahoo Entities”) are not responsible for incorrect or inaccurate transcription of information, for problems related to any of the equipment or programming associated with the Program or utilized by you, for any human error, for any interruption, deletion, omission, defect, or line failure of any telephone network or electronic transmission, for problems relating to computer equipment, software, inability to access or use Yahoo Sports, your account or Points recorded in such account, or for any other technical or non-technical error or malfunction. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE YAHOO ENTITIES OR ANY OTHER COMPANIES OR PERSON INVOLVED IN THE DEVELOPMENT OR EXECUTION OF THE PROGRAM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM, OR POINTS OR REWARDS OFFERED THROUGH THE PROGRAM, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The Yahoo Entities are not responsible for any products or services offered by third parties. TO THE FULLEST EXTENT ALLOWABLE BY LAW, THE YAHOO ENTITIES SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING REWARDS, PRODUCTS AND/OR SERVICES OFFERED BY ANY THIRD PARTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU. In New Jersey, nothing in these Terms shall limit or exclude the Yahoo Entities’ liability for intentional torts, willful acts, gross negligence, or violation of a statutorily imposed duty.
2. Yahoo reserves the right to discontinue the participation privileges for any person who engages in any fraudulent activity or uses the Program in a manner inconsistent with these Rewards T&Cs or any federal, municipal, provincial, state or local, laws, statutes or ordinances. Discontinued participation privileges may result in the loss of all accumulated Points. In addition to discontinuance of participation privileges, Yahoo shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion.
3. The Program is provided to individuals only. Corporations, associations or other groups may not participate in the Program. It is fraudulent for any individual or company, association, or group to direct, encourage, or allow individuals to use a single account for the purpose of accumulating points for combined use.
4. Yahoo is not responsible for any incorrect or inaccurate information supplied by you while participating in the Program.
5. All questions or disputes regarding eligibility for the Program, earning or redemption of Points, or your compliance with these Rewards T&Cs will be resolved Yahoo in its sole discretion.
6. Disputes/Governing Law.
BY PARTICIPATING IN THE PROGRAM, ALL PROGRAM PARTICIPANTS AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROGRAM, OR ANY POINTS OR REWARDS OFFERED THROUGH THE PROGRAM, AND ARISING OUT OF OR CONNECTED TO THESE REWARDS T&CS WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH BELOW, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) AND ATTORNEYS' FEES WILL NOT BE AWARDED OR RECOVERABLE IN ARBITRATION UNLESS THE ABITRATOR DETERMINES THE CLAIMS ARE FRIVOLOUS; (3) UNDER NO CIRCUMSTANCES WILL ANY PROGRAM PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PROGRAM PARTICIPANTS HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES (OTHER THAN ACTUAL OUT OF POCKET EXPENSES), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) PROGRAM PARTICIPANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY), AND PROGRAM PARTICIPANTS IRREVOCABLY WAIVE ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY PROGRAM PARTICIPANT. In New Jersey, the Arbitration Provision shall not limit or exclude Program Participants’ right to recover damages for intentional torts, willful acts, gross negligence, violation of a statutorily imposed duty, or treble damages or attorney’s fees as allowed by statute.
BINDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT
Initial Dispute Resolution:
Our Customer Care team is available at https://io.help.yahoo.com/contact/index?page=contact&locale=en_US&y=PROD_SPORTS_REWARDS_POINTS.
to address any concerns you may have regarding the Program. Our Customer Care team is able to resolve most concerns quickly to the satisfaction of Program participants. The parties shall use their best efforts through this Customer Care process to settle any dispute, claim, question, or disagreement and good faith negotiations, which shall be a condition to either party initiating a lawsuit or arbitration.
If the parties do not reach an agreed upon solution within a period of 30 days from the time informal dispute resolution under the Initial Dispute Resolution provision, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to the Program, any Points and Rewards offered through the Program, and these Rewards T & Cs (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Program shall be finally settled by binding arbitration administered by the American Arbitration Association pursuant to its Comprehensive Arbitration Rules and Procedure and the supplementary procedures for consumer related disputes of the American Arbitration Association (the “AAA”), excluding any rules or procedures governing or permitting class actions.
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 Rewards T & Cs, including, but not limited to any claim that all or any part of these Rewards T & Cs 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.
The Commercial Arbitration Rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at 1-800-778-7879. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Yahoo will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, Yahoo will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim does not exceed $75,000. The arbitration rules also permit you to recover attorney’s fees in certain cases. By agreeing to arbitration, the parties understand and agree that they are waiving their rights to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
If you are a resident of the United States, arbitration will take place at any reasonable location within the United States convenient for you.
Class Action Waiver:
The parties further agree that any arbitration shall be conducted in their 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 YAHOO 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. 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.
Exception - Litigation of Intellectual Property and Small Claims Court Claims:
Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
30-Day Right to Opt Out:
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: Yahoo Sports Rewards Program, 30-Day Right to Opt Out, 701 First Avenue, Sunnyvale, CA 94089. The notice must be sent within 30 days of the first Points being recorded in your account otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, Yahoo also will not be bound by them.
Changes to this Section:
Yahoo will provide 60-days’ notice of any changes to this Disputes/Governing Law section. Changes will become effective on the 60th day, and will apply prospectively only to any claims arising after the 60th day.
FOR ANY DISPUTE NOT SUBJECT TO ARBITRATION, YOU AND YAHOO AGREE TO SUBMIT TO THE PERSONAL AND EXCLUSIVE JURISDICTION OF AND VENUE IN THE FEDERAL AND STATE COURTS LOCATED IN SANTA CLARA COUNTY, CALIFORNIA. YOU FURTHER AGREE TO ACCEPT SERVICE OF PROCESS BY MAIL, AND HEREBY WAIVE ANY AND ALL JURISDICTIONAL AND VENUE DEFENSES OTHERWISE AVAILABLE.
THE REWARDS T & CS, THE RELATIONSHIP BETWEEN YOU AND YAHOO, AND ANY ISSUES AND QUESTIONS REGARDING THE RIGHTS AND OBLIGATIONS OF ANY PARTICIPANT IN CONNECTION WITH THE PROGRAM SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF CALIFORNIA, U.S.A., WITHOUT GIVING EFFECT TO CONFLICT OF LAWS PROVISIONS.
7. Nothing in these Rewards T&Cs shall be deemed to exclude or restrict any of your statutory rights as a consumer.
Last updated: October 2019