Yahoo Sports: Daily Fantasy Terms of Service
Effective August 15, 2017, Yahoo Fantasy Sports LLC will be offering the Yahoo Sports Daily Fantasy services you love and enjoy. We are updating our Daily Fantasy Terms of Service to reflect the Yahoo Fantasy Sports LLC name, as well as to make updates to the ELIGIBILITY and WITHDRAWAL sections, and to add a new ASSIGNMENT section. These updated terms are effective immediately. Do not use Yahoo Sports Daily Fantasy if you do not wish to be bound by the updated terms.
IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED BELOW
ACCEPTANCE OF TERMS
This Yahoo Sports Daily Fantasy Terms of Service (“Daily Fantasy TOS”) sets forth terms and conditions, additional to the Yahoo Terms of Service (“TOS”), that govern your access to and use of the Yahoo Sports Daily Fantasy service (“Yahoo Sports Daily Fantasy” or the “Service”) and your participation in the contests offered therein (each, a “Contest”). This Daily Fantasy TOS incorporates by reference the terms and conditions of the Yahoo Sports Rewards Points program at https://policies.yahoo.com/us/en/yahoo/terms/sports/rewardspoints/index.htm. This Daily Fantasy TOS and the TOS, together with any additional terms, addendums, or documents that may be referenced herein and therein (collectively, “Agreement”), form the entire agreement between you and Yahoo Fantasy Sports LLC and its affiliates (collectively, “Yahoo”) in connection with the Service. Your use, or continued use of the Service constitutes acceptance of the Agreement. Do not use Yahoo Sports Daily Fantasy if you do not wish to be bound by the Agreement. Yahoo may update and change this Agreement at any time without notice to you; your access to and/or use of Yahoo Sports Daily Fantasy after any such change means you accept such change. At any time you can review the most current version of the Daily Fantasy TOS at https://policies.yahoo.com/us/en/yahoo/terms/product-atos/dailyfantasy/index.htm (and any successor pages) and the most current version of the TOS at https://policies.yahoo.com/us/en/yahoo/terms/utos/index.htm (and any successor pages).
Capitalized terms not defined in this Daily Fantasy TOS have the meanings ascribed to them in the TOS. Certain defined terms in this Daily Fantasy TOS are included in the definitions of capitalized terms in the TOS. In particular, Yahoo Sports Daily Fantasy is a “Yahoo Service”; accordingly, all references in the Agreement to Yahoo Service incorporate by reference Yahoo Sports Daily Fantasy. If there is a conflict between the terms of the Daily Fantasy TOS and the TOS, the terms of the Daily Fantasy TOS shall control. The imposition of additional enumerated restrictions or liabilities on your actions or omissions, by one document over the other, shall not be considered in and of itself a conflict.
The Contests are void where prohibited. To be eligible to enter any paid Contest, you must meet all of the following conditions:
You are at least 18 years of age (or the age of majority or age required by applicable law (e.g. 21) in your state of legal residence, whichever is greater);
You are a resident of the District of Columbia or the fifty United States, except for residents of Alabama, Arizona, Delaware, Florida, Hawaii, Idaho, Indiana, Iowa, Louisiana, Missouri, Montana, Nevada, and Washington (collectively, the “Eligibility Area”);
You are physically located in the Eligibility Area at the time of your participation in a Contest; and
You are not listed on any US Government prohibited or watch list.
If you are a New York resident, you are not eligible to participate in paid Soccer Contests.
You may also be required to sign and return an Affidavit of Eligibility as proof of your eligibility to participate in the Contests. You will be required to provide this information within ten (10) days after Yahoo first attempts to contact you. If you fail to comply with this deadline, Yahoo may disqualify you from further participation, and withhold or revoke any prizes at its sole discretion. If Yahoo choses to disqualify you on this basis, it will refund the Contest entry fee for the Contest from which you were disqualified.
Employees and agents of Yahoo, its affiliates, subsidiaries, advertising and promotional agencies, any other prize sponsor and any entity involved in the development, production, implementation, administration or fulfillment of the Contests (all the foregoing, together with Yahoo, collectively referred to as “Contest Entities”), and the immediate family members and persons living in the same household as any of the above may not participate in any publicly available paid Contests or free contests with cash or cash equivalent prizes except for purposes of testing the user experience on a limited basis. Participation in free contests with no prizes and private Contests is permitted.
Athletes, coaches, and other team management, team support personnel, and team owners are not eligible for any Yahoo Contests in the sport or sports in which their team competes. Team owners, referees, league employees, sports commissioners, sports agents and other individuals who, through an ownership interest or game-related employment, can influence gameplay in the real world game are also ineligible.
HOW TO REGISTER
A valid Yahoo ID is required to participate in Yahoo Sports Daily Fantasy. If you do not have a Yahoo ID, you will be prompted to sign up for one before being permitted to enter or participate in a Contest offered on the Service. Please ensure that your contact information is accurate, up-to-date, and complete. This information is mandatory if you wish to be eligible to win and collect prizes. A user who has not provided valid registration information will automatically be deemed ineligible and will not be considered for a prize. A valid PayPal account is also required to receive and collect a prize.
Please note that the Contests may only be played under the Yahoo ID with which they were created or entered, and may not be transferred to another Yahoo ID or played by another person. Also, you may not share an account with another person or allow another user to play under your Yahoo ID. Likewise, you may not enter a Contest on behalf of someone without a Yahoo ID, or that is ineligible to participate in the Contest. As a rule, each Contest entrant (“entrant”) is allowed to play under one Yahoo ID. There may be unique cases where Yahoo may allow entrants to play under a second Yahoo ID. These cases will be reviewed by Yahoo on a case-by-case basis. You are not permitted to play using an additional Yahoo ID without explicit and written consent from Yahoo after your case has been reviewed. It is at Yahoo’s sole discretion and judgment to determine whether multiple Yahoo IDs belong to the same entrant. If you are found to be participating in the Contests using more than one Yahoo ID without explicit and written consent from Yahoo, such penalties may include, but are not limited to, disqualification from current and future Contests.
How To Play:
In addition to these rules, additional rules, instructions and guidelines regarding game play and scoring (which are fully incorporated into this Daily Fantasy TOS by reference) are located at https://sports.yahoo.com/dailyfantasy/help/nfl/rules (the “Official Rules”). In the event of a conflict between the Official Rules and the Daily Fantasy TOS, the Daily Fantasy TOS will control. For multi-round Contests, additional rules and details may apply and will be posted with such multi-round Contest.
Contest of Skill:
All Contests offered on Yahoo Sports Daily Fantasy are contests of skill. Contest winners are determined using the criteria set forth in the posted rules for each Contest, and through the relative knowledge and skill of entrants to score the highest amount of Contest points from the accumulated statistical results of the performance of individual athletes in multiple real-world sporting events. All prizes offered are established and made known to entrants in advance of a Contest and the value of prizes is not determined by the number of entrants or the amount of any fees paid by those entrants. No Contests offered on Yahoo Sports Daily Fantasy are based on the score, point spread, or any performance(s) of any single real-world team or any combination of such teams, or solely on any single performance of an individual athlete in any single real-world sporting or other event.
Contests on Yahoo Sports Daily Fantasy will display an entry fee listed in US dollars. Once you select the Contest you wish to enter and submit the athletes in your lineup, your Yahoo Sports Fantasy account balance will be debited for the respective entry amount. Additional funds may be deposited into your Yahoo Sports Fantasy account at any time if you do not have enough funds to enter a Contest.
Certain Contests may offer an entry reservation feature. These Contests will permit you to pay your entry fee to reserve a space in the Contest without completing your lineup. Once you reserve your entry in any contest with this feature, your Yahoo Sports Fantasy account balance will be debited for the respective entry fee amount. If you do not return to your entry and submit a lineup before lineups lock, you will be awarded zero points in the Contest and your entry fee will not be refunded.
The term and length of each individual Contest will depend on the professional sport related to that Contest, generally commencing and ending either on a single day or over the course of a week. The length of each individual Contest will be explicitly stated on its respective Contest page. Yahoo may also offer multi-round Contests that may involve more than one individual Contest taking place over multiple days or multiple weeks.
At the conclusion of each Contest, Yahoo Sports Daily Fantasy will display the list of potential Contest winners (subject to verification) generally by 10:00 AM PT on the following day. These Contest results will not be changed due to any subsequent official adjustments of statistics by Yahoo’s data providers unless otherwise determined by Yahoo at its sole discretion. All prizes offered are established and made known to Contest entrants in advance of each Contest and are listed on each respective Contest page. In the event of a tie, Yahoo will combine the winning prizes and evenly distribute the prizes to the tied entrants. For example, if three participants tie for 1st place, with 1st place winning $100, 2nd place winning $50, and 3rd place winning $30, each of the tied entrants will receive $60.
All potential winners are subject to verification by Yahoo, and must meet all eligibility requirements before a prize will be awarded. In addition, you MUST provide valid contact information during the Yahoo ID registration process to be considered for a prize. An entrant who finishes in a prize-winning position in a Contest, but has not provided valid contact information during the Yahoo ID registration process will be deemed ineligible.
If you are a potential winner, you may also be required to sign and return an Affidavit of Eligibility and Liability/Publicity Release. You will be required to provide this information within ten (10) days after Yahoo first attempts to contact you. If you fail to comply with this deadline, or if a prize or prize notification is returned as undeliverable, Yahoo may disqualify you from further participation, and withhold or revoke any prizes at its sole discretion. Winners will have their prizes deposited in their Yahoo Sports Fantasy account.
Prizes may not be transferred or assigned except by Yahoo. Only listed prizes will be awarded and no substitutions, equivalents or redemptions will be made. Expenses not specifically stated in this Daily Fantasy TOS, together with the reporting and payment of all applicable taxes, fees, and/or surcharges, if any, arising out of, or resulting from, acceptance or use of a prize, are the sole responsibility of the winner of that prize. A potential winner may be required to provide additional documentation (such as social security number) in order to comply with tax reporting requirements. Each winner may receive an IRS Form 1099 for the value of the prize awarded. Contest Entities expressly disclaim any responsibility or liability for injury or loss to any person or property relating to the delivery and/or subsequent use of the prizes awarded. Contest Entities make no representations or warranties concerning the appearance, safety, or performance of any prize awarded. Any unclaimed prizes will not be awarded. Restrictions, conditions, and limitations apply. Contest Entities will not replace any lost or stolen prize items.
Cash deposits and cash prize winnings are held by Yahoo in one or more separate, segregated accounts (each, a “Segregated Account”). The funds held in the Segregated Account(s) do not belong to Yahoo or the Contest Entities and it is our intention and practice to take all reasonable actions to make sure that such funds are not available to creditors of Yahoo other than to players whose funds are held in the Segregated Account. Yahoo and the Contest Entities do not and will not commingle the funds in the Segregated Account with any other funds belonging to Yahoo or the Contest Entities. Yahoo and the Contest Entities do not and will not use the funds in the Segregated Account for its operating expenses or any other purpose. If you believe that funds in your Yahoo Sports Fantasy account have been misallocated, compromised or otherwise mishandled, you may contact us online using the “Contact us” link in the footer of Yahoo Sports Daily Fantasy service (also, currently available at https://io.help.yahoo.com/contact/index?page=contact&locale=en_US&y=PROD_SPORTS_DAILY )
Entrants may withdraw cash prize winnings and any cash deposits (excluding bonuses and promotions) once funds have settled. Requests for withdrawals will be honored by the later of five business days of the request or ten business days of the submission of any tax reporting documentation required by applicable law, unless Yahoo believes in good faith that the Entrant engaged in fraudulent conduct or other conduct that would cause Yahoo to be in violation of applicable law. Withdrawals will be deposited directly into the entrant’s PayPal account, or such other means as Yahoo determines in its sole discretion. Please review the PayPal User Agreement at https://www.paypal.com/us/webapps/mpp/ua/useragreement-full for more information.
Bonuses and promotions may be offered by Yahoo Sports Daily Fantasy from time-to-time. Any cash bonuses and promotions an entrant receives may not be withdrawn from your Yahoo Sports Fantasy account unless certain conditions are met as stated by the terms for each applicable bonus, or promotion. These terms may include, but are not limited to, using the bonus to enter into at least one Contest with an entry fee greater than zero dollars. Any attempted abuse of bonuses is prohibited, and may result in the loss of bonuses, and the suspension of all playing privileges on Yahoo Sports Daily Fantasy.
If any Contest is not capable of running as planned, for any reason including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Contest Entities which corrupt or affect the administration, security, fairness, integrity or proper conduct of any Contest, Yahoo reserves the right at its sole discretion to cancel, terminate, modify, or suspend a Contest without any further obligation.
In the event Yahoo is prevented from continuing with a Contest or the integrity and/or feasibility of a Contest is severely undermined by any event beyond the control of Yahoo, including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, infection by computer virus, unauthorized intervention, technical failures or other cause not reasonably within the control of Yahoo (each a “Force Majeure” event or occurrence), Yahoo reserves the right at its sole discretion to cancel, terminate, modify, or suspend a Contest without any further obligation.
Yahoo reserves the right to identify and label players who meet certain criteria (including but not limited to frequency of play, frequency of wins) in a manner visible to other players. Such criteria and labels will be determined by Yahoo in its sole discretion and may be changed or modified at any time, with or without notice, by Yahoo. For more information, visit http://help.yahoo.com/kb/index?page=content&id=SLN26031&locale=en_US&y=PROD_SPORTS_DAILY
By accessing and using Yahoo Sports Daily Fantasy and entering the Contests, entrants agree to be bound by the decisions of the Contest Entities, which are final and binding in all respects. Yahoo reserves the right at its sole discretion to disqualify any individual it finds to be (a) tampering or attempting to tamper with the entry process or the operation of Yahoo Sports Daily Fantasy, any Contest, or any Yahoo website; (b) violating the Official Rules, these Daily Fantasy TOS, or any other guidelines, rules, or instructions associated with Yahoo Sports Daily Fantasy or the Contests; (c) violating the TOS, conditions of use and/or general rules or guidelines of any other Yahoo product or service; or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.
Actions deemed as improper conduct include, but are not limited to, those actions outlined in the “Member Conduct” section of the TOS, as well as the following:
Providing false information about your eligibility to enter Contests and collect prizes
Using any fraudulent, or unauthorized credit cards, or payment methods
Using any automated services or routines including, but not limited to, robots, web crawlers, spiders, ants, and scrapers to access and/or collect information on any Yahoo site without explicit written consent from Yahoo; this includes uploading, editing or otherwise modifying lineups using any automated scripts or tools or otherwise interacting with Yahoo Sports Daily Fantasy using methods or technology other than the Yahoo-provided interface and technology
Attempting to abuse, as determined solely at Yahoo’s discretion, bonuses and promotions
Attempting to tamper with, or alter a real-life sporting event that is directly connected with the Contests in which you have direct involvement or interest
Sharing your lineup with other individual(s) prior to a contest starting, including for purposes of engaging in syndicate play or otherwise attempting to collude with other players
Selling any stakes in your own play, buying stakes in other players, or other means of redistributing entry fees or winnings based on pre-existing agreements or relationships with other players
Buying or selling lineups to be used on Yahoo Sports Daily Fantasy
If you create a Yahoo ID, nickname, or Contest name that Yahoo deems, in its sole discretion, to be abusive, defamatory, harassing, hateful, indecent, objectionable, offensive, or vulgar, we reserve the right to cancel any Contests you created, cancel any of your Contest entries, and block your Yahoo Sports Fantasy account from any future activity.
If you, as an entrant, notice any improper conduct, please notify our Customer Care team at once using the following at https://io.help.yahoo.com/contact/index?page=contact&locale=en_US&y=PROD_SPORTS_DAILY so that we can investigate and take the appropriate action – if any is deemed necessary – against the offending entrants and accounts.
Please note that a violation of this Daily Fantasy TOS, the Official Rules, the TOS, conditions of use, and/or the general guidelines of any Yahoo product or service may be enforced against all other activities associated with the offending Yahoo ID. If your Yahoo ID is found to be in violation of the terms of service or official rules of another Yahoo product or service, that violation is grounds for Yahoo to suspend or terminate your access to all products or services played under your Yahoo ID – including Yahoo Sports Daily Fantasy. Your Contest entry fee(s) or potential winnings may be forfeited if Yahoo cancels any Contests you created, cancels any of your Contest entries, or blocks your Yahoo Sports Fantasy account from any future activity as result of your violation of the Agreement.
CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR MOBILE APPLICATION OR UNDERMINE THE LEGITIMATE OPERATION OF YAHOO SPORTS DAILY FANTASY OR THE CONTESTS MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, YAHOO RESERVES THE RIGHT TO IMMEDIATELY TERMINATE THE ENTRANT’S ACCOUNT, IF ANY, AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
The Contests are governed by the laws of the United States, without regard to its conflict of laws principles, and are subject to all applicable federal, state, and local laws and regulations, and is void where prohibited by law. Yahoo Sports Daily Fantasy is offered for entertainment purposes only and may not be used in connection with any form of gambling or wagering. By entering, each entrant: (a) releases and holds harmless the Contest Entities, including, without limitation, the respective directors, officers, employees and agents of each, from any and all liability for any injuries, loss or damage of any kind to persons, including death, or property damage resulting in whole or in party, directly or indirectly, from the use of Yahoo Sports Daily Fantasy, acceptance, possession, misuse or use of any prize, participation in the Contests, or while traveling to, preparing for, or participating in any prize-related activity; and (b) grants to Contest Entities the right to use and publish Yahoo ID or nickname, city/state of residence, score, and Contest ranking, in any and all media now known or hereinafter developed without territorial or time limitations, in connection with the Contests.
LIMITATIONS OF LIABILITY
Contest Entities assume no liability for lost, late, misdirected or garbled entries, or for theft, destruction, or unauthorized access to, entries. Contest Entities assume no responsibility for any incorrect or inaccurate information, whether caused by website users, by any of the equipment or programming associated with or utilized in the Contest, or by any technical or human error which may occur in the processing of submissions or game transactions in connection with 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, 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 inability to access the Contest Site or to process any game transaction(s) in connection with the Contest). Contest Entities assume no responsibility for any injury or damage to entrants or to any computer related to or resulting from participating in, or downloading materials in connection with, Yahoo Sports Daily Fantasy or any Contests. If Yahoo Sports Daily Fantasy or any Contest is not capable of running as planned, for any reason including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Contest Entities which corrupt or affect the administration, security, fairness, integrity or proper conduct of Yahoo Sports Daily Fantasy or the Contests, Yahoo reserves the right at its sole discretion to cancel, terminate, modify, or suspend Yahoo Sports Daily Fantasy or any Contest.
BY ACCESSING AND USING THE YAHOO SPORTS DAILY FANTASY AND PARTICIPATING IN THE CONTESTS, EACH ENTRANT AGREES 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 CONTESTS, OR ANY PRIZE AWARDED, 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 ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES 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) ENTRANT 'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY), AND ENTRANT IRREVOCABLY WAIVES 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 ENTRANT.
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://help.yahoo.com/kb/daily-fantasy to address any concerns you may have regarding the Service. Our Customer Care team is able to resolve most concerns quickly to our entrants’ satisfaction. 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 this Daily Fantasy TOS (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Service shall be finally settled by binding arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules 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 this Daily Fantasy TOS, including, but not limited to any claim that all or any part of these Daily Fantasy TOS 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. The parties understand that, absent this mandatory provision, they would have the right 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 Daily Fantasy, 30-Day Right to Opt Out, 701 First Avenue, Sunnyvale, CA 94089. The notice must be sent within 30 days of your first use of the Service 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 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 Daily Fantasy TOS, the relationship between you and Yahoo, and any issues and questions regarding the rights and obligations of an entrant in connection with Yahoo Sports Daily Fantasy 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.
Yahoo’s retention of records relating to your activity on Yahoo Sports Daily Fantasy is described at https://policies.yahoo.com/us/en/yahoo/terms/dataretention/fantasysports/index.htm
While potential winners may be posted on the Contest Site at the conclusion of each Contest, all potential winners are still subject to verification and must meet all eligibility requirements before a prize will be awarded. Lists of verified prize winners may be obtained after winner confirmation is complete and within 90 days after conclusion of any Contest on the Yahoo Sports Daily Fantasy by sending a self-addressed, stamped envelope to: Yahoo Sports Daily Fantasy, Winners List Requests, 701 First Avenue, Sunnyvale, CA 94089.
Participation in Yahoo Sports Daily Fantasy and acceptance of prizes constitutes each winner’s permission for the Contest Entities to use his/her name, address (city and state), likeness, photograph, picture, portrait, voice, biographical information, and/or any statements made by each winner regarding Yahoo Sports Daily Fantasy or Yahoo for advertising and promotional purposes without notice or additional compensation, except where prohibited by law. Additionally, Yahoo may request that you sign and return a publicity release to confirm your grant of rights to Yahoo hereunder.
Yahoo Sports Daily Fantasy and the Contests and all of the related pages, content and code are copyright ©1994-2017, Yahoo Fantasy Sports, LLC. and/or the Contest Entities. Copying or unauthorized use of any copyrighted materials, trademarks, or any other intellectual property without the express written consent of its owner is strictly prohibited. Yahoo Sports Daily Fantasy and Contests are not affiliated with, nor endorsed by, the National Football League, the National Basketball Association, the National Hockey League, Major League Baseball, UEFA Champions League, Premier League, or any of their respective member teams, or PayPal.
Yahoo may freely assign the Daily Fantasy TOS and all of the policies and other documents incorporated or referenced in it (including all rights, licenses, and obligations under it or them), in whole or in part and without notice.
Questions or Comments
If you can't find the answer to your question in reviewing this Daily Fantasy TOS or the Official Rules (links provided below), we suggest that you review the Help section for additional information.
The Help section, which can be found at https://help.yahoo.com/kb/daily-fantasy, includes answers to a number of general game-play, scoring, and roster questions.
Last updated 8.15.17