Yahoo Sports Fantasy Football Cash Leagues Additional Terms of Service
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 Fantasy Football Cash Leagues Additional Terms of Service ("Cash Leagues ATOS") sets forth terms and conditions, additional to the Yahoo Terms of Service ("TOS"), that govern your access to and use of the Yahoo Sports Cash Leagues Fantasy service ("Yahoo Fantasy Football Cash Leagues" or the "Service") and your participation in the contests offered therein (each, a "Contest"). This Cash Leagues ATOS 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 and its affiliates in connection with the Service. Your use, or continued use of the Service constitutes acceptance of the Agreement. Do not use Yahoo Fantasy Football Cash Leagues 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 the Service after any such change means you accept such change. At any time you can review the most current version of this Cash Leagues ATOS, at https://policies.yahoo.com/us/en/yahoo/terms/product-atos/fantasy-football/cash-leagues/ (and any successor pages) and the most current version of the TOS at https://policies.yahoo.com/us/en/yahoo/terms/utos/index.html (and any successor pages).
Capitalized terms not defined in this Cash Leagues ATOS have the meanings ascribed to them in the TOS. Certain defined terms in this Cash Leagues ATOS are included in the definitions of capitalized terms in the TOS. In particular, Yahoo Fantasy Sports Cash Leagues is a "Yahoo Service"; accordingly, all references in the Agreement to Yahoo Service incorporate by reference Yahoo Fantasy Sports Cash Leagues. If there is a conflict between the terms of the Cash Leagues ATOS and the TOS, the terms of the Cash Leagues ATOS 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 for a prize in any contest, you must meet all of the following conditions:
- You are at least 18 years of age (or the age of majority 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.
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 Contests except for purposes of testing the user experience on a limited basis. Participation in private Contests (i.e. Cash Leagues) is permitted.
Athletes, coaches, and other team management, team support personnel, and team owners are not eligible for any Yahoo Fantasy Cash Leagues Contests in the sport or sports in which their team competes. Team owners, referees, league employees, sports commissioners 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 Fantasy Sports Cash Leagues. 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 the rules below, additional information regarding game play and scoring (which are fully incorporated into this Cash Leagues ATOS by reference) are located at http://help.yahoo.com/kb/index?page=content&id=SLN26485&locale=en_US&y=PROD_SPORTS_FAN_FOOTUS (the "Official Rules"). In the event of a conflict between the Official Rules and the Cash Leagues ATOS, the Cash Leagues ATOS will control.
Note that Cash Leagues Contests are private, custom leagues and the commissioner may configure League Settings accordingly. Commissioner permissions are restricted in Cash League Contests in the following ways: Some Commissioner Tools never lock. Some Commissioner Tools lock only after teams can no longer leave the League, that is when the Commissioner has formally locked teams into the League or when teams can enter the draft (whichever comes first). Some tools lock only when teams can enter the draft. Last, some are locked as soon as the League is created. See our help article for a list of Commissioners Tools and when they lock.
Contest of Skill:
Yahoo Sports Fantasy Football Cash Leagues ("Fantasy Football Cash Leagues" or the "Contest"; each such league participating in the Contest is a "League") is a game of skill where you compete against other users to win prizes based on your knowledge and skill in assembling and managing fantasy Football team (your "Team"). Your goal is to get the best Team on the field each day, since the better your players perform in real-life games, the more value they bring to your fantasy Team.
No Contests offered in Yahoo Fantasy Football Cash Leagues 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.
Each Contest for a Yahoo Fantasy Football Cash League will display an entry fee listed in US dollars. You must pay the League's entry fee in order to join a Cash League Contest. Once you join a Yahoo Fantasy Football Cash League, 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.
Yahoo Sports Fantasy Football Cash Leagues Sign ups begin on April 25, 2017, at 3:00 PM PT, and continue through October 14, 2017 at 11:59 PM PT. After a league has drafted, it may not convert to a Cash League unless the commissioner resets the draft and schedules a new draft for the league.
Fantasy Football Cash Leagues are normally played in connection with the 2017 NFL regular season (the "2017 Season"). As currently scheduled, the 2017 Season begins on September 07, 2017 and concludes with the final day of regular season games on December 31, 2017.
The 2017 Season is divided into a series of 17 "Game Weeks." Game Weeks generally follow a seven-day Tuesday-Monday schedule, beginning each Tuesday morning at 12:00 AM PT and ending the following Monday evening at 11:59 PM PT, or at the conclusion of the last regularly scheduled game for that Monday, whichever comes first. The first Game Week is currently scheduled to begin with the start of the 2017 Season on Thursday September 7, 2017 at 12:00 AM PT, and end the following Monday, September 11, 2017 at 11:59 PM PT, or at the conclusion of the last regularly scheduled game for that Monday, whichever comes first.
By default, Game Weeks 1-14 constitute the "Fantasy Regular Season," and Game Weeks 15-16 constitute the "Fantasy Playoffs." The Playoffs schedule may vary based on a League's custom settings.
Please keep in mind that you will only receive credit for real-life games that begin and are played after your League's season scoring start date. Also, please bear in mind that the real-life playoffs have no bearing on any of the Leagues in this Contest. Statistics from real-life playoff games, and from any makeup games that may be played after the scheduled end date of the 2017 Season, will not be included in the scoring for any League in this Contest.
Yahoo Sports Fantasy Football allow different league sizes, from as few as 4 teams to as many as 20. In order for a Contest to run, the league must have the number teams listed in the League Settings. A Contest will not run unless all slots have been filled. If your League does not fill up before its scheduled draft time, the Contest will be canceled, and all managers will be issued a refund to their Yahoo Sports Fantasy accounts. Note: The League may still draft but the Contest associated with the League will be void.
In a Head-to-Head League, your Team squares off each Game Week in a matchup against another manager's Team. During that Game Week's real-life games, the fantasy players on each Team earn Fantasy Points for their performances in each Category.
The number of Fantasy Points earned by all of the active players on your Team in their real-life games played each Game Week are added together to produce your weekly total. If your Team accumulates more points than your opponent in that week's head-to-head matchup, then you earn a "win." Similarly, if your opponent's Team outscores your Team in the matchup, then you earn a "loss." Ties are also possible, and will be awarded to both Teams if they each score the exact same number of points in a head-to-head matchup.
The win/loss/tie records of each Team are the basis for the League standings at any given moment. At the conclusion of the Fantasy Regular Season, the standings are used to determine the seeding of the Fantasy Playoffs. So, to win your League, your Team must first qualify for the Fantasy Playoffs based on your League's regular season standings, and then win all of your Team's Fantasy Playoff matchups. See "Playoffs and League Standings" below for more information.
In a Points League, the goal is to be the highest scoring Team within your League. Teams set a weekly lineup based on league requirements and in order for their players to collect more fantasy points than anyone else's players. Points are tallied throughout the football season, and the team with the highest total at the end of the year wins the league championship.
Drafting Your Roster: Once all manager slots have been filled, your League is eligible to conduct a live online draft to determine the rosters for each Team. Depending on which type of draft you chose during the registration process, you will participate in either a Standard Draft, an Auction Draft, an Auto-Draft or an Offline Draft.
- Standard Draft
In a live online standard draft (a "Standard Draft"), each manager selects a squad in a real-time, round-robin online meeting with the other managers in the League. During his/her turn each round, the manager selects one player to add to his/her squad, until the Team's roster is full. The draft order reverses each round, so the manager that starts the first round ends the second, and the manager that ends the first round starts the second, and so on.
- Auction Draft
In a live online auction draft (an "Auction Draft"), each manager selects a squad in a real-time, auction-style online meeting with other managers in the League. At the start of the draft, managers are randomly assigned a nomination order, and given a budget for acquiring players. They can exhaust this budget in any way they choose, bidding on and drafting any player within their remaining budget. Managers take turns nominating players for bidding in a circular order (1-10, 1-10, etc.). A player auction begins once a nominating manager places an opening bid on a selected player. Managers may bid whatever amount they feel a particular player is worth. When a single high bid remains, the player is awarded to the winning manager and the bid amount is deducted from the winning manager's funds. This process repeats until every manager's roster is completely filled.
In an auto-draft, teams have players selected for them by Yahoo's draft software. Teams may edit their pre-draft rankings to inform the software but no one can make picks during the draft. The draft formula will draft players at every roster position unless specified otherwise in a Team's pre-draft rankings. Once the draft is complete, all players not added to a roster will be subject to the post-draft waiver rules established in your league.
- Offline Draft
Offline drafts are conducted without Yahoo's live draft tools and results are entered manually via the Commissioner Tools. To do this, select Commissioner Tools | Submit Draft Results. Each time you save your draft results, they will be published on the "Draft Results" page for your league members to view. Don't click Save & Begin Season until all draft results have been entered. Once you click Save & Begin Season, the draft will end, and all players not added to a roster will be subject to the post-draft waiver rules established in your league.
Additional details and full instructions about how to participate in your League's draft can be found in the Drafting section of the Game Instructions.
Setting Your Roster
Once your draft is complete, your Team will have a full roster of starting and bench players for the first game of the season. If you make no changes, your Team's initial day of scoring will be conducted with the players you chose as starting players in the League's initial draft. Throughout the season, it's up to you to make adjustments to your roster based on your knowledge and skill in evaluating how your players are performing in their real-life games. Refer to the Transaction Deadlines article for more information about making adjustments to your roster, including deadlines for when roster moves may be made.
You can also make changes to your roster through the waiver system, free agency, and trades with other managers. Refer to the Waivers, Free Agents, and Trades sections of the Game Instructions for more details.
Every player in an active position slot on your roster will earn fantasy points ("Fantasy Points") for their performances in a variety of real-life statistical categories (each, a "Category"). Each Category has a point value. Refer to the Standard League Configuration Settings article for details. While Yahoo keeps track of statistics for players in bench spots, you will not receive any Fantasy Points for the performance of players who were on your bench at the time those statistics were accrued.
If any real-life game scheduled to be played on a date during the final Game Week(s) of the Championship Round is rescheduled to a later date for any reason, players participating in that game will only earn Fantasy Points for their fantasy Teams if the game is made up before the start of the first game of the next Game Week after which the affected game was originally scheduled. Real-life games that are rescheduled to a subsequent Game Week will not count toward the players' Fantasy Point totals. Yahoo reserves the right to reschedule the Fantasy Regular Season, the Fantasy Playoffs, or the conclusion of Fantasy Football Cash Leagues in the event that the 2017 Season schedule is changed for any reason.
You can add and drop players from your Team using one of the following methods:
Waivers: In real life, professional Football teams use waivers to make the rights to a player available to all the other teams in the league on an equitable basis. Yahoo Fantasy Football Cash Leagues feature a comprehensive waiver system that builds upon the real-life waiver concept in a number of important ways. The waiver system ensures that all Team managers have a fair chance to add players to their Teams from among the pool of players that happen to be available at any point in the Contest. See help article on Waivers for more information.
Free Agents: All players who are not currently on any Team in your League, and who are not otherwise currently on waivers are considered free agents. Free agents may be acquired by any manager in the League on a first-come, first-served basis. See help file on Free Agents for more information.
Trades: A trade consists of one Team exchanging a player or players with another Team in the same League. For more information on how to conduct trades, deadlines for trading activity, and the process by which trades are reviewed, see help file on Trades.
In particular, please keep in mind that each League has a trading deadline.The trading deadline is for your league is listed in the League Settings but the default deadline is November 11, 2017 at 11:59 pm PT. The trading deadline does not impact a manager's ability to add players via waivers or free agency.
League Standings, Playoffs, and Winners
Throughout the Contest, the Teams in each Head-to-Head League are ranked on the basis of their win/loss/tie record and the winning percentage associated with that record (the "Standings").
The Standings are updated once a week at the conclusion of the current Game Week. A Team's winning percentage is calculated as:
(Wins + 1/2 of the number of ties) / Total games played in the Fantasy Season to date
If a Team plays a weekly matchup that results in a tie, it's counted as half of a win when determining the Team's Winning Percentage. For example, a Team that finishes the 14-week Fantasy Regular Season with a record of 7-6-1 will have a Winning Percentage of .536, because 7 wins + 0.5 [that is, 1/2 times the number of ties, 1], divided by 14, the number of games played = .536.
At the end of the Fantasy Regular Season, the top Teams in a League ranked according to their respective overall Winning Percentages will compete against each other in a single-elimination, head-to-head playoff bracket, conducted in connection with the Game Weeks of the 2017 Season (the "Championship Bracket") as defined by the League's rules.
In the event of a tie in the Standings of two or more Teams at the conclusion of the Fantasy Regular Season, or a matchup tie between two Teams during the Fantasy Playoffs, the tie will be broken using the tiebreak formulas described in the Regular Season Tiebreak Rules and Playoff Tiebreak Rules articles, respectively.
Note that the Fantasy Playoffs do not include any real-life playoff games, and the real-life playoff games have no bearing on the Fantasy Playoffs. All Fantasy Playoffs will conclude by the end of the real-life regular season.
At the conclusion of each Contest, Yahoo Sports awards the prizes set by the commissioner to the prize-eligible Teams in each League based on the League settings and the results of that League's Fantasy Playoffs.
The overall total value of all prizes awarded in the Contest will depend on the Contest Settings determined by you, the commissioner. The awarding of any prize in any Yahoo Sports Fantasy Football Cash League is subject to the tiebreak rules, if applicable, set forth above. In the event that a potential prize winner is deemed ineligible for any reason, the prize will be awarded to the next eligible participant in the League's final standings. Should such a substitution be necessary, the prize positions will be shifted proportionally. For example, if a potential Second Place prize winner is deemed ineligible, the third place finisher, if eligible, will be awarded the Second Place prize, the fourth place finisher, if eligible, will be awarded the Third Place prize, and so on. No winner will receive double prizes as the result of a higher-ranked participant being deemed ineligible.
Please note that even if your fantasy Team is listed in a prize-winning position in the Standings for your League as of the close of the Contest, you have not yet won a prize.
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 Cash Leagues ATOS, 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.
Entrants may withdraw cash prize winnings and any cash deposits (excluding bonuses and promotions) from their Yahoo Fantasy Sports account once funds have settled. 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 for more information.
Bonuses and promotions may be offered by Yahoo Fantasy Football Cash Leagues 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 Fantasy Football Cash Leagues.
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.
By accessing and using Yahoo Fantasy Football Cash Leagues 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 and/or ban from using any Yahoo Service any individual it finds to be (a) tampering or attempting to tamper with the entry process or the operation of Yahoo Fantasy Contests, or any Yahoo website; (b) violating the Official Rules, this Cash Leagues ATOS, or any other guidelines, rules, or instructions associated with Yahoo Fantasy Football Cash Leagues 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. If a user is disqualified pursuant to the foregoing sentence, such user shall, at Yahoo’s election, forfeit any winnings such user has won from using the Yahoo Services, including, but not limited to, any winnings from prior Contents
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
- 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
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 link 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 Cash Leagues ATOS, 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 Fantasy Football Cash Leagues.
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 FANTASY FOOTBALL CASH LEAGUES 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. 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 Fantasy Football Cash Leagues, 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 Fantasy Football Cash Leagues or any Contests. If Yahoo Fantasy Football Cash Leagues 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 Fantasy Football Cash Leagues or the Contests, Yahoo reserves the right at its sole discretion to cancel, terminate, modify, or suspend Yahoo Fantasy Football Cash Leagues or any Contest.
BY ACCESSING AND USING THE Yahoo Fantasy Football Cash Leagues 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 ARBITRATOR 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 via the web 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 Cash Leagues ATOS (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 JAMS in accordance with the provisions of its rules and the supplementary procedures for consumer related disputes, 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 Cash Leagues ATOS, including, but not limited to any claim that all or any part of this Cash Leagues ATOS 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 rules governing the arbitration may be accessed at www.jamsadr.com or by calling JAMS at 1-800-352-5267. 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 Fantasy Football Cash Leagues, 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 Cash Leagues ATOS, the relationship between you and Yahoo, and any issues and questions regarding the rights and obligations of an entrant in connection with Yahoo Fantasy Football Cash Leagues 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.
While potential winners may be posted on the League Home Page 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 in your League may be obtained after winner confirmation is complete and within 90 days after conclusion of any Contest in Yahoo Fantasy Football Cash Leagues by sending a self-addressed, stamped envelope to: Yahoo Fantasy Football Cash Leagues, Winners List Requests, 701 First Avenue, Sunnyvale, CA 94089.
Participation in Yahoo Fantasy Football Cash Leagues 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 Fantasy Football Cash Leagues 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 Fantasy Football Cash Leagues and the Contests and all of the related pages, content and code are copyright ©1994-2017, Yahoo 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 Fantasy Football Cash Leagues and Contests are not affiliated with, nor endorsed by, the National Football League, any of their respective member teams, or PayPal.
Questions or Comments
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