Terms, Conditions, Service

END USER AGREEMENT, TERMS, CONDITION, & SERVICES

The following outlines an implicit agreement between STATHERO and you, the user of its services. STATHERO provides a fantasy sports website and mobile app (the “service”) as described in the outline below. This user agreement is also set to serve as notice to all users the usage policies regarding these services. By proceeding with the use of this service you are providing your consent to the use of these services consisting of device recognition and identifier technologies, identity authentication, and location verification in accordance with the terms of this policy.

By proceeding with this Service you are agreeing to be bound by the following terms and conditions(“Terms of Service”). Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. You can review the most current version of the Terms of Service at any time at STATHERO’s website. STATHERO reserves the right to update and change the Terms of Service by posting updates and changes to the STATHERO website. When returning to a merchant website that utilizes the STATHERO Service or Logging into your account you will be alerted in the event if the Terms of Service have changed.

THE SERVICE.

STATHERO services (the “Service”) provides a fantasy sports service and contests as required by this website. By enrolling in STATHERO, you are agreeing to have your location (including your cell phone location) and other identifying information logged and used for account authentication. Each time this occurs some or all of the following information may be authenticated: your identity, location, service approval, activity, and/or financial transaction approval. This information is stored securely and used to ensure that you are currently within the proper parameters for compliance associated with the website and service that is being accessed, as both required by law, and the terms and conditions of the this site.

USE OF DATA

Your data will be used only by STATHERO and its service partners which help provide the Service and, except as required by law, will not be provided to any third party. All Identity, Location, Financial, Device, or Other known data is transmitted via Secure Socket Layer (SSL) technology into password protected servers. This information is used to aid STATHERO in the performance of its service and is not shared in whole with any other party unless previously stated. This data may be used, internal to STATHERO, for analytical research in order to provide a better user experience. When applicable the information is stored in a persistent format for no longer than 90 days.

PRIVACY POLICY

By using the services, you consent to STATHERO’s privacy policy, as the same may be modified from time to time. To review the current STATHERO Privacy Policy, this policy can be found at the Privacy Policies link located at the footer of each webpage on www.stathero.com.  In the case of changes to Service STATHERO’s privacy policy, such changes will be made available via our website’s policy section located at (Example: https://stathero.com/Customer/Support).

ELIGIBILITY

StatHero employees (“Employees”) and Immediate Family Members (an “Immediate Family Member” means any domestic partner and relative of the employee who resident at an employee’s residence, including but not limited to parents, grandparents, in-laws, children, siblings, and spouses) are not permitted to play in any public contests for cash hosted on the Website; provided.  Employees and relatives living in the same household as such employees located in Colorado, are prevented from competing in any fantasy contests offered by any fantasy contest operator in which the operator offers a cash prize.

Professional or amateur athletes, sports agents, coaches, team owners, team employees, referees or league officials, and their immediate family members, are not eligible to participate in, and are strictly prohibited from entering, any StatHero contests in the sport in which they are associated.

It is and has always been StatHero’s policy to exclude all forms of high school athletics from any and every fantasy sport activity. At no point in the past, present, or future has/will StatHero offered/offer a fantasy sport activity that included/includes high school athletics in any fashion.

  • Further, StatHero strictly enforces an internal policy against the dissemination of any non-public information pertaining to fantasy sports contests with any third parties. Concerned parties are encouraged to email the 24-hour StatHero support desk at support@stathero.com
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GAME RULES.

StatHero is a game of skill. Winners are determined by the criteria stated in Rules and Scoring for contest’s rules. For each contest, winners are determined by the individuals who use their skill and knowledge of relevant professional sports information and fantasy sports rules to accumulate the most fantasy points vs StatHero. Fantasy points are accumulated through the performance of individual athletes in sports events.

Each StatHero contest has an entry fee listed in US dollars. When you opt to participate in a contest, that amount in US dollars will be debited from your StatHero account. Then, follow the instructions on how to select your team and players in each contest.  In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the person in whose Username the entry was submitted, or if possession of the Username itself is contested and in StatHero’s opinion sufficiently uncertain, the name in which the email address on file was registered with the email service provider. StatHero reserves the right not to award a prize to an individual it believes in its sole discretion did not submit the winning entry.

There are no refunds or cancellations for contest entries.

SURVIVOR CONTEST TERM & PRIZES

StatHero offers contests for professional sports events generally taking place multi days or whenever the last remaining survivor remains in each contest.

 

After each round ends, the remaining survivors are announced (generally by the following day) but remain subject to final verification. The players in each contest who accumulate the most fantasy points and beat StatHero, comply with eligibility requirements, and applicable rules will win prizes as set out in the posted contest details. Prizes are added to the winning player’s account balance. All ties vs StatHero will be considered a loss.

StatHero offers a number of different types of contests. For each contest, we announce the entry fees and prizes in advance on the contest page in our mobile app.

Prize calculations are based on the results as of the time when final scoring is tabulated by StatHero. Once winners are initially announced by StatHero, the scoring results will not be changed in light of official adjustments made by the professional leagues, though we reserve the right to make adjustments based on errors or irregularities in the transmission of information to us from our stats provider or in our calculation of results. We also may make adjustments in the event of noncompliance with the Terms. StatHero has no obligation to delay the awarding of a prize in anticipation of any adjustment, and we reserve the right to reverse payments in the event of any adjustment. You agree to cooperate with our efforts to reverse payments.

No substitution or transfer of a prize is permitted. All taxes associated with the receipt or use of any prize are the sole responsibility of the winner. In the event that the awarding of any prizes to winners of the Contest is challenged by any legal authority, StatHero reserves the right in its sole discretion to determine whether or not to award or adjust such prizes. In all disputes arising out of the determination of the winner of StatHero contests, Two Nine Gaming, Inc is the sole judge and its actions are final and binding.

Winners are generally posted on the Site after the conclusion of each contest by 3AM ET on the following day. Winners may be requested to return via email or regular mail an affidavit of eligibility, a publicity agreement and appropriate tax forms by a specified deadline. Failure to comply with this requirement can result in disqualification. Any prize notification returned as undeliverable may result in disqualification and selection of an alternate winner. In addition, a list of winners and winner’s names for each competition period may be obtained by contacting StatHero at support@stathero.com

  • Two Nine Gaming honors fund withdrawal requests from a StatHero player’s account within three (3) business days, unless Two Nine Gaming reasonably believes in good faith that the player engaged in either fraudulent conduct or other conduct that would put the operator in violation of Two Nine Gaming’s internal procedures, the rules or terms of use of StatHero, fantasy contest law, or other legal requirements.  Players will receive funds on direct deposit within 5 business days and paper check within 14 business days.

PLAYER BONUSES

We frequently offer bonuses to new players, for special events and other marketing purposes. Bonuses are awarded in “bonus dollars” and are not eligible for game play within our Survivor Contests & Parlays. Bonus dollars can be used to enter into our Head to Head game play and are converted into a monetary credit after a successful winning entry. Unless stated otherwise, any unused bonus dollars in a player’s account 45 days after it has been issued can be removed by StatHero. Any bonus a user receives is for entry into Head to Head contests on StatHero and can only be withdrawn after it is converted into a monetary credit.  In the event abuse of the bonus system by any user, StatHero reserves the right to retract the users bonuses.  All Bonuses can be used once player funds are depleted and are capped at $500? per lineup.

FIRST TIME HEAD TO HEAD BONUS

Eligible for new users only whose identity has been verified for age and state restrictions.

This bonus awards players up to 300 percent match on their first Head to Head contest play.

The bonus will be added to your account within 24 hours of your first Head to Head Entry.

Bonus dollars must be used for play and are not eligible for withdrawal.

Bonus dollars will expire 45 days from issue.

FIRST TIME DEPOSIT BONUS

Any players entering an active promotion code whose identity has been verified for age and state restrictions.  Player agrees to deposit money with StatHero in exchange for a % match in bonus coins.  Player acknowledges that StatHero has made the Bonus Coins available immediately for use in gameplay.  Player acknowledges they must enter into gameplay the cash equivalent of any deposit bonuses dollars entered into gameplay before the cash deposit can be withdrawn.  Cash deposits for bonus matches are held in Escrow until the Player has entered the cash deposit into gameplay 

Example 1:  A player receives a 100% match on a $250 deposit equating to $250 Bonus Coins.   Player enters $250 bonus into a contest and wins; the player account balance is $500.  Player is not eligible to withdraw $500 and can only withdraw $250 until the player has put $250 Cash Entries into StatHero’s gameplay. 

Example 2:  A player receives a 100% match on a $250 deposit equating to $250 Bonus Coins.  Player enters $250 Bonus Coins and loses.  Player cannot withdraw the $250 Original Cash Deposit until that deposit is put into StatHero’s gameplay.  After the cash deposit is used for gameplay, the funds are available for withdrawal.

The deposit bonus match will be added to your account within 24 hours

Bonus dollars must be used for play and are not eligible for withdrawal.

Bonus dollars will expire 45 days from issue.

SPECIAL EVENT – FREE PLAY

Eligible for players utilizing a special link or active promotion code whose identity has been verified for age and state restrictions.

The bonus will award $10 in bonus dollars, equivalent to the minimum amount eligible for head to head play. Bonus dollars while usually immediate may take up to 24 hours to appear in your account.

Bonus dollars must be used for play and are not eligible for withdrawal.

Bonus dollars will expire 45 days from issue.

PARTICIPATION CONDITIONS

By entering into a Game or accepting any prize, entrants, including but not limited to the winner(s), agree to indemnify, release and to hold harmless STATHERO, its parents, subsidiaries, affiliates and agents, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities (collectively, the “Released Parties”), its parents, subsidiaries, affiliates and divisions, and their respective directors, officers, employees, agents and representatives from any and all liability, claims or actions of any kind whatsoever, including but not limited to injuries, damages, or losses to persons and property which may be sustained in connection with participation in the Game, the receipt, ownership, use or misuse of any prize or while preparing for, participating in and/or travelling to or from any prize related activity, as well as any claims based on publicity rights, defamation, or invasion of privacy. STATHERO may, in its sole and absolute discretion, require an Authorized Account Holder to execute a separate release of claims similar to the one listed above in this Paragraph as a condition of being awarded any prize or receiving any payout.

STATHERO is not responsible for: any incorrect, invalid or inaccurate entry information; human errors; postal delays/postage due mail; technical malfunctions; failures, including public utility or telephone outages; omissions, interruptions, deletions or defects of any telephone system or network, computer online systems, data, computer equipment, servers, providers, or software (including, but not limited to software and operating systems that do not permit an entrant to participate in a Game), including without limitation any injury or damage to any entrant’s or any other person’s computer or phone equipment relating to or resulting from participation in a Game; inability to access the app, or any app pages that are part of or related to the Website; theft, tampering, destruction, or unauthorized access to, or alteration of, entries and/or images of any kind; data that is processed late or incorrectly or is incomplete or lost due to telephone, postal issues, computer or electronic malfunction or traffic congestion on telephone lines or transmission systems, or the Internet, or any service provider’s facilities, or any phone site or website or for any other reason whatsoever; typographical, printing or other errors, or any combination thereof.

STATHERO is not responsible for incomplete, illegible, misdirected or stolen entries. If for any reason a Game is not capable of running as originally planned, or if a Game, computer application, or website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper entry to a Game in accordance with the Terms of Use or applicable Rules, or if infection by a computer (or similar) virus, bug, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in the sole opinion of STATHERO corrupts or affects the administration, security, fairness, integrity, or proper conduct of a Game, the Company reserves the right, at its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, extend, modify or suspend the Game, and select the winner(s) from all eligible entries received. If such cancellation, termination, modification or suspension occurs, notification will be posted on the Website.  StatHero will always contact players by phone, at number provided at registration, with any cancelled plays involving these risks.

 

BADGES

StatHero provides a visual identification for “Highly experienced players” by giving them a ‘GOLD EMBLEM’ marking them as experts in the game.  StatHero’s metric on obtaining an expert badge is the following:

“Highly experienced player” means a person who has either:(a) Entered more than five hundred (500) contests offered by a single fantasy sports operator; or(b) Won more than five (5) fantasy sports prizes, and which the total value of the prizes is two thousand five hundred dollars ($2,500) or more.  “Beginning player”  means  any  player  who  has  entered  fewer  than  fifty-one  (51)  contests  offered   by   a   single   fantasy   sports   operator,  and  who  has  not  qualified  as  a  Highly  Experienced Player.

StatHero shall offer some fantasy sports contests open only to “beginning players” and that exclude highly experienced players.

ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF ANY GAME IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, STATHERO RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

All entries become the property of STATHERO and will not be acknowledged or returned.

IDLE ACCOUNTS

Your account will be deemed ‘IDLE OR DORMANT’ if you have not logged in for a period of nine (9) months. We will provide email notice to the email address registered to the account, advising that the Account balance will be set to zero at thirty (30) days from the notice. If the Account remains dormant, at ten (10) months of inactivity, the Account balances are zeroed out.  Once an account is zeroed out, funds remaining will be sent to customer via eCheck and account will be closed.

FRAUD

STATHERO reserves the right to seek criminal or other sanctions against you if we suspect you have engaged in fraudulent, dishonest or criminal acts and we will disclose such information to the relevant authorities or other relevant third parties (for example, payment service providers) as may be necessary in this regard.

STATHERO reserves the right to suspend or terminate any Account it believes to be involved in fraud, money laundering and/or any other form of illegal or suspicious activities and to report such details as it reasonably considers are necessary to relevant authorities.

By participating in STATHERO contests you undertake that all money that you deposit in your Account is untainted with any illegality and, in particular, does not originate from any illegal activity or source.

  • StatHero monitors for and strictly prohibits access to players who have been permanently barred or whose accounts have been suspended by StatHero for violating our internal procedures, the rules or terms of a fantasy contest, or any fantasy contest law, applicable to the fantasy contest player.
  • StatHero actively monitors player accounts for the use of unauthorized scripts. Players who are detected using an unauthorized script will be banned from StatHero for life and will be potentially liable for criminal and/ or civil actions.

REFUND POLICIES

If a Contest related to a contest on our App is delayed or postponed, the contests will include statistics for that game only if it is played no later than Wednesday of that week. If a game is postponed to a later date or called off for any reason, any players you have selected for that game will no longer add points to your lineup and games will be closed. If game cancellations and/or postponements result in only one game left in a contest, then that contest will be cancelled and users will be refunded original contest entry/buy-in amount.

In the event that the legality of a contest offered by StatHero is altered by the state, district, region, or country (“locations”) occupied by the customer; Or, if StatHero changes its contest availability policy for the location in which the customer resides, and the customer has previously entered a pay-entry contest that has not yet began then the customer may be refunded the original contest entry/buy-in amount.

To request a refund of your deposit you must do so by sending an email to support@stathero.com with the subject “Refund Request”. In the body of this email you must provide your full name, your screen name (number), the amount of the refund you are requesting, and the reason for your refund request. This process may take up to 14 business days for review.

Example:

Subject: (Name: Screen Name: Reason)

Refund Request
John Doe
john_doe_sports
The contest that was entered was not valid for my location at the time of my entry.

ZERO TOLERANCE POLICY

Refunds are only available up until 1 hour before a contest starts.  NO refunds will be issued once a contest has begun.  No exceptions.  StatHero has a zero tolerance refund policy.

Deposits made on our mobile app will appear on your statement as STATHERO. All payments are final. No refunds will be issued. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the person in whose name the account was registered.

Any ‘chargeback’ attempt on behalf of the player, without attempting for refund using StatHero’s refund policy, will blacklist player from future plays on StatHero on existing or future contests to prevent future chargeback attempts.

UPDATES

STATHERO may update or modify the Service from time to time without prior notice to you(“Updates”). All Updates shall become part of the Service and shall be subject to the terms of this Agreement. The terms of this Agreement will govern any updates to the service.

TERMINATION; AVAILABILITY.

This Agreement is effective until terminated by the user, the company, or the Service Provider. Without limiting the foregoing, your rights under this Agreement, including your right to use the Service, will terminate automatically without notice from Service Provider upon your failure to comply with any term(s) of this Agreement, or the violation of the intellectual property rights of the service and/or its licensors and/or any applicable law by you or anyone else who gained access to the Service through you or your connection to the Service (whether under your account or password, at your direction, under your supervision, with your permission or otherwise). Upon the termination of this Agreement, you shall cease all use of the Service and understand that any website, software, or other consumable application may not become available or usable. Upon termination of this Agreement, you shall no longer be permitted to use the Service and Service Provider shall be entitled to specific performance of your foregoing obligations. The Service Provider also reserves the right to change, suspend, remove, or disable access to the Service and/or any content at any time without notice.

CONSENT TO ELECTRONIC COMMUNICATION; USE OF DATA.

By using the Service, you consent to receive from the Service Provider communications, including (a) notices, (b) agreements, (c) legally required disclosures and (d) other information in connection with the Service, electronically (including, without limitation, via text message or e-mail to your account). If you desire to withdraw your consent to receive these communications electronically, you must discontinue your use of the Service and the content therein. You further agree that Service Provider may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Service. You agree that Service Provider may use this information to improve its products or to provide services, information or technologies to you.

USE OF SERVICE BY OTHERS.

You acknowledge and understand that it is your responsibility to make sure that others do not obtain or use the Service through you for any purpose not expressly permitted herein (whether through your account or at the direction, under the supervision or with your permission). You shall immediately notify Service Provider if you suspect there has been any unauthorized use of your account). You further expressly acknowledge and agree that Service Provider may audit your use of the Service. You are solely responsible and liable for all use of the Service under your account, and for ensuring that all use of the Service under your account fully complies with this Agreement. All content or instructions transmitted by or received from anyone through your account will be deemed binding on you. You shall be responsible for protecting the confidentiality of your password(s). If you suspect that your password(s) have been compromised, please contact us at the number provided herein.

DISCLAIMER OF WARRANTIES; ASSUMPTION OF RISK.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND,EITHER EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OR CONDITIONS OF NON- INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR SATISFACTORY QUALITY, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. Service Provider DOES NOT WARRANT OR GUARANTEE THAT: (A) YOUR ENJOYMENT OF THE SERVICE WILL NOT BE INTERFERED, (B) THE SERVICE, SOFTWARE AND CONTENT WILL BE FREE OF any virus, corrupted data or other harmful, disruptive or destructive code or files, (C) THE FUNCTIONS OR CONTENT CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE SERVICE WILL MEET YOUR REQUIREMENTS, (D) THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, ACCURATE OR ERROR-FREE, OR (E) DEFECTS IN THE SERVICE OR CONTENT WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Service Provider OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. WITHOUT LIMITING THE FOREGOING, Service Provider ASSUMES NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS ON OR IN THE SERVICE THE SOFTWARE AND/OR THE CONTENT, INCLUDING ANY ERRORS OR OTHER INACCURACIES, THIRD PARTY MATERIALS OR ANY OTHER PRODUCTS, OFFERS OR SERVICES OF THE SERVICE PARTNERS OR ANY OTHER THIRD PARTIES DISPLAYED ON OR OTHERWISE COMMUNICATED THROUGH OR IN CONNECTION WITH THE SERVICE. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE LICENSE APPLICATION, THE SOFTWARE AND/OR THE CONTENT, INCLUDING ANY VISIT TO OR ANY BUSINESS TRANSACTION WITH ANY SERVICE PARTNERS OR OTHER DESTINATIONS, OR ANY USE OF ANY THIRD PARTY MATERIALS, REMAINS WITH EACH USER. SHOULD THE SERVICE OR CONTENT PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

LIMITATION ON LIABILITY.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER Service Provider NOR ITS AFFILIATES, LICENSORS OR VENDORS (INCLUDING THE SERVICE PARTNERS) NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, MANAGERS, SHAREHOLDERS, MEMBERS, OWNERS,EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS (COLLECTIVELY, “RELEASED PARTIES”) BELIABLE FOR (A) ANY DECISION MADE OR ACTION TAKEN OR OMITTED BY YOU OR ANYONE ELSE IN RELIANCE UPON THE SERVICE, THE SOFTWARE AND/OR THE CONTENT (INCLUDING ANY RECOMMENDED DESTINATIONS); (B) FOR LOSS OR INACCURACY OF DATA, OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (C) UNAUTHORIZED ACCESS TO OR ALTERATIONS OF YOUR ACCOUNT, DEVICE OR INFORMATION; (D) UNAVAILABILITY OF OR INABILITY TO ACCESS THE LICENSED APPLICATION, THE SOFTWARE, AND/OR THE CONTENT; (E) ANY DAMAGE TO YOUR DEVICE OR OTHER PROPERTY WHICH IS CAUSED BY YOUR OR ANY OTHER USERS USE OF THE SERVICE, THE SOFTWARE AND/OR THECONTENT; (F) ANY LOSSES OR LIABILITIES WHICH RESULT FROM YOUR OR ANYONE ELSE’S USEOF THE SERVICE, THE SOFTWARE AND/OR CONTENT WITH EQUIPMENT AND SYSTEMS WHICH DO NOT MEET THE SPECIFICATIONS FOR THE SERVICE PUBLISHED OR OTHERWISE MADE AVAILABLE BY Service Provider; OR (V) ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFIT OR OPPORTUNITY, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER LOSS OF DATA, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE, THE SOFTWARE AND/OR THE CONTENT, EVEN IF Service Provider OR ANY SUCH OTHER RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL Service Provider OR ITS AFFILIATES, OR THEIR RESPECTIVE AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, MANAGERS, MEMBERS, SHAREHOLDERS OR OWNERS, BE RESPONSIBLE OR LIABLE FOR ANY (I) THIRD PARTY MATERIALS OR ANY NEGLIGENCE, WILLFUL MISCONDUCT OR OTHER ACT OR OMISSION OF ANY SERVICE PARTNERS OR ANY OTHER THIRD PARTY; OR (II) ANY PERSONAL INJURY, DEATH OR DAMAGE TO PROPERTY WHICH OCCURS AT ANY DESTINATION OR ON THE PREMISES OF ANY SERVICES PARTNERS OR ANY OTHER THIRD PARTY OR WHICH IS OTHERWISE CAUSED BY THE SERVICE PARTNERS OR ANY OTHER THIRD PARTY OR THEIR RESPECTIVE PRODUCTS OR SERVICES. TO THE FULLEST EXTENT PERMITTED BYAPPLICABLE LAW, Service Provider’S ENTIRE LIABILITY UNDER THIS AGREEMENT (REGARDLESS OF THE FORM OF ACTION OR CLAIM) SHALL IN NO EVENT EXCEED ONE THOUSAND DOLLARS ($1,000.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR CERTAIN OTHER DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF Service Provider AND THE OTHER RELEASED PARTIES SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

INDEMNIFICATION.

To the fullest extent permitted by applicable law, you shall indemnify, defend and hold harmless STATHERO and all other Released Party against any claims, demands, actions, losses and liabilities, and related costs and expenses incurred by Service Provider and any other ReleasedParty (including reasonable attorney’s fees), which results from any breach of any covenant, representation or warranty in this Agreement, any violation of the intellectual property rights of Service Provider and/or its licensors, and/or any violation of applicable law by you or any other user which gained access to the Service through you, under your account, at your direction, under your supervision or with your permission.

CHOICE OF LAW; VENUE.

 

This Agreement shall be governed by and construed in accordance with the laws of Tennessee, US(excluding its conflict of laws principles) and you expressly agrees that exclusive jurisdiction for any claim or dispute with Service Provider relating in any way to the Service and its related content and further agrees and expressly consents to the exercise of personal jurisdiction in the federal or state courts of Houston, Harris County, Texas in connection with any such dispute or claim. This Agreement (including the Service Provider Privacy Policy) contains the entire agreement and understanding of the parties with respect to the subject matter hereof, and supersedes all prior written and oral understandings of the parties with respect to the subject matter hereof. If, for any reason, any provision of this Agreement is held invalid or otherwise unenforceable, such invalidity or unenforceability shall not affect the remainder of the Agreement, and this Agreement shall continue in full force and effect to the fullest extent allowed by law.

VIOLATIONS OF THIS AGREEMENT.

Violation(s) of this Agreement may be investigated and appropriate legal action may be taken, including, without limitation, civil, criminal and/or injunctive redress. You agree that monetary damages may not provide a sufficient remedy to Service Provider for violations of this Agreement and you consent to the application of injunctive or other equitable relief for such violations to the maximum extent permitted by applicable law.

TRADEMARK POLICY AND DISCLAIMER OF AFFILIATION

The trademarks, service marks, and logos (collectively, “Trademarks”) used and displayed on the Service are registered and unregistered marks of StatHero and others. Nothing on the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark. StatHero aggressively enforces its intellectual property rights to the fullest extent of the law. StatHero’s Trademarks may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this website or app, without our prior, written permission. To request permission to use the Trademarks or content on the Service, or any other StatHero material, please contact us.

StatHero is not associated with or in any way affiliated with any professional or amateur sports league or any team associated with any professional or amateur sports league.

USER SUPPORT

For support, you may use any of the following:

  • Email Service Provider’s 24-hour support desk at support@stathero.com. When applicable, any response or reply texts from you to the original received Service Provider SMS text shall not be accepted.

PLAYER ACCOUNT STATEMENT ACCESS

StatHero can provide players with full account statements on StatHero, by request, via email to support@stathero.com.  StatHero support will send player an acknowledgment of receipt of request and will provide the account statement within a period of 5 business days from receipt of request.

Limitations

Location coordinates (longitude, latitude, and radius) are obtained only once Service Provider has received proper authorization from the user.

  1. Identity – Your identity will need to be authenticated via request for personal verifiable information either by third party providers, in the form of challenge response questions, or other means. Your access of your account directly via Service Provider or through an authenticated merchant constitutes acceptance of the services access and use of this information and the results of this information may be used for security, analytics, and regulatory compliance reasons.
  2. Location – As permitted by your acceptance of the location authentication service, Service Provider shall send you an access code via SMS/Text message to the associated mobile phone number. By entering this access code into the secure form provided on the location verification page you are acknowledging that the Service will utilize your phones location toauthenticate your physical location as needed for use on the merchant’s site/app/software.This confirmation of the special designated access code is your adherence to the understanding that you are Opting In to the location service provided and that the merchant site will have access to the results of this information to be used for security, analytics, and regulatory compliance reasons.
  3. Devices Attribute Scanning – Your connecting device to this service will be used in part to authenticate your ability to access the service and may include requests for information by third party providers. Your access of your account directly via Service Provider or through an authenticated merchant constitutes acceptance of the services access and use of this information and the results of this information may be used for security, analytics, and regulatory compliance reasons.
  4. Payment Method Authentication – In the event of a payment authentication you will be alerted that your personal information located within your account may be used to authenticate your lawful use of the payment device. This service will be used in part to authenticate your ability to utilize the payment method presented and may include requests for information either by third party providers or your account with Service Provider. The acceptance of this service to verify your access to a payment method through an authenticated merchant constitutes acceptance of the services access and use of this information and the results of this information may be used for security, analytics, and regulatory compliance reasons.

For help, you should email support@stathero.com.

You may choose to opt out of Service Provider’s ability to provide service for any of the process above by going to (Example: https://stathero.com). or logging into your account on the mobile app.

Upon registering an account with one of our related third-party merchant sites, you may also be required to register a customer account the Service Provider service. Each time a customer registers at an authorized merchant site, any of the additional following Opt-In or Opt-Out situations can occur:

  1. Acceptance of Identity verification utilizing localized and or connected databases to authenticate your identity information.
  2. Acceptance of location verification utilizing your connected device in the form of a personal computer, laptop, tablet, mobile phone, or any other internet connected device.
  3. Acceptance of your connecting devices security configuration for verification of accountconnectivity and “do no harm” associated with malicious software either known orunknown.
  4. Acceptance and confirmation of merchant related regulatory requirement “watch list” orother membership list precluding your lawful ability to access your existing account or to create an account.
  5. Acceptance of services providing analytical data that may be used to determine certain possible fraud, high risk, or other possibly malicious activity.
  6. Acceptance of services related to and for the purpose of authenticating your lawful access to payment or other financial instruments as according to the laws of the jurisdiction of the merchant.

Changes and Amendments to this Agreement.

STATHERO reserves the right to revise this Agreement at any time and (except where otherwise required by applicable law) without notice to you. The most current version of this Agreement will be available from your Service Provider account representative, and will supersede all previous versions of this Agreement. You are responsible for remaining knowledgeable as to any changes that STATHERO may make to Agreement by periodically checking for updated versions of this Agreement when accessing or using the Service.

STATHERO SWEEPSTAKES

OFFICIAL RULES and PARTICIPATION AGREEMENT (“Official Rules”)

NO PURCHASE NECESSARY TO ENTER OR TO WIN. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. PARTICIPATION IN THE SWEEPSTAKES CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE OFFICIAL RULES. Individuals who participate in the Sweepstakes or submit an entry are sometimes referred to herein as an “Entrant.”

1. SPONSOR: Two Nine Sports Inc. (the “Sponsor”).

2. SWEEPSTAKES PERIOD: The StatHero Sweepstakes (the “Sweepstakes”) begins at 12:00 PM (PT) on January 10, 2022 and ends at 12:01 AM (PT) on January 24, 2022 (the “Sweepstakes Period“). Sponsor’s computer is the official time-keeping device for the Sweepstakes.

3. ELIGIBILITY: Sweepstakes is open only to individuals who are at least eighteen (18) years of age on the entry date, who are legal residents of the United States (the “Sweepstakes Area”). The Sponsor and its respective employees, agents, officers, directors, members, managers and owners, and its subsidiaries and affiliates and their advertising agencies, promotional partners and providers associated with this Sweepstakes (collectively, the “Sweepstakes Entities” and each a “Sweepstakes Entity”), and their immediate families (spouse, domestic partner, parents, legal guardians, grandparents, grandchildren, siblings, children and “step” of each) and those individuals living in their same household are not eligible to enter or win.

4. HOW TO ENTER / THE SUBMISSION: Entrants must enter the Sweepstakes by filling out the StatHero survey in connection with this Sweepstakes, or by otherwise providing the required entry information, which shall include Entrant’s name, email, phone number and zip code (collectively, the “Submission”).There is a limit of one (1) entry per person. Sponsor reserves the right to verify eligibility of all Entrants.


5. WINNER SELECTION & NOTIFICATION: Two (2) Entrants that properly complete all necessary steps and comply with all required conditions will be chosen by Sponsor or its designee as potential Prize winners (each a “Potential Winner” and together the “Potential Winners”). The Potential Winners will be selected via a random drawing on January 24, 2022 at 12:00 PM (PT). Odds of winning depend on the number of Entrants. The Potential Winners will be contacted via email at or before 12:00 PM (PT) on January 25, 2022, and each must redeem his or her respective Prize within twenty-four (24) hours of such notification. To be confirmed one of the two (2) Prize winners (each a “Prize Winner” and together the “Prize Winners”), each Potential Winner will be required to sign and return within ten (10) days of notification attempt by Sponsor, an Affidavit of Eligibility, Liability and Publicity Release, including the Potential Winner’s full name and street address (no P.O. Boxes) within the Sweepstakes Area, or the Prize will be forfeited and an alternate Potential Winner may be selected by Sponsor (and in such case this process will be repeated).

6. PRIZES:

  • Two (2) Prize Winners will receive the following (“Prize”): A Fanatics Gift Card in the amount of five-hundred dollars ($500.00), having an Approximate Retail Value (ARV) of five-hundred dollars ($500).

In addition to Prize eligibility, all Entrants completing a survey in connection with the Sweepstakes shall receive bonus coins in the amount of twenty-five dollars ($25) to be used only on the StatHero platform (the “Bonus Coins”). The Bonus Coins shall have an Approximate Retail Value (ARV) of twenty-five dollars ($25).

7. PRIZE AND BONUS COIN RESTRICTIONS: No portion of the Prize or Bonus Coins may be transferred, redeemed for cash or substituted, except by Sponsor (in its sole discretion), which reserves the right to substitute any portion of the Prize with a prize of equal or greater value for any reason, including, without limitation, Prize unavailability. All expenses not specifically identified as included in the Prize are the sole responsibility of the Prize Winner. The Prize, Bonus Coins, and all elements thereof, are subject to availability.

Each Prize Winner will be solely responsible for all federal, state and local income and/or other applicable taxes and fees as well as other expenses associated with the receipt of his/her Prize and/or use. Each Prize Winner may be issued a 1099-MISC tax form for the ARV of the Prize. Failure to take or complete any portion of the Prize may not relieve a Prize Winner of his/her tax obligations associated with winning the Prize.

8. PUBLICITY/PRIVACY POLICY: Except where prohibited by law, each Prize Winner’s Submission and acceptance of a Prize constitutes each Prize Winner’s irrevocable, sub-licensable, absolute right and permission for the Sweepstakes Entities to use, publish, post or display said Prize Winner’s name, photograph, likeness, statements, biographical information, voice, city and state address, Prize information, any quotes attributable to him or her and any other indicia of persona (regardless of whether altered, changed, modified, edited, used alone, or used with other material in the Sweepstakes Entities’ sole discretion) for any purpose, including but not limited to lead generation advertising, trade, promotional and publicity purposes on a worldwide basis, and in all forms of media now known or hereafter devised, in perpetuity, without further authorization, opportunity to review, approval, notification, or compensation of any kind and each Entrant releases all Sweepstakes Entities from any and all liability related thereto. Nothing contained in these Official Rules obligates the Sweepstakes Entities to make use of any of the rights granted herein and each Prize Winner waives any right to inspect or approve any such use. The personal information will be collected, processed and used in accordance with Sponsor’s Privacy Policy. Sponsor’s privacy policy can be found at: https://stathero.com/privacy-policy/.

9. GENERAL CONDITIONS: By participating, Entrants agree to be bound by these Official Rules and the decisions of the Sponsor. Entrants waive any right to claim ambiguity in the Sweepstakes or these Official Rules. All Entrants agree to follow the Official Rules and release, discharge, hold harmless and indemnify the Sweepstakes Entities, and all of their respective members, managers, equity holders, officers, directors, parents, subsidiaries, partners, agents, employees, successors and assigns each of them (collectively, the “Released Parties”) against any and all liability, damages or causes of action (however named or described), with respect to or arising out of any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any Prize or participation in any promotional-related activity or participation in this Sweepstakes. In consideration for being awarded a Prize, or any portion thereof, each Prize Winner hereby agrees and consents, without further authorization, compensation or remuneration of any kind, to the use of Prize Winner’s name and/or likeness in any and all advertising, promotions and other publicity conducted by Sweepstakes Entities, except where prohibited by law. Sponsor reserves the right to modify the scheduling of the Sweepstakes without prior notification, and the right to make changes or additions to these Official Rules for any reason at any time. The Sponsor’s failure to enforce any term of these Official Rules shall constitute a waiver of that provision.

10. ALL PRIZE WINNERS AND ENTRANTS RELEASE, DISCHARGE, AND AGREE TO INDEMNIFY AND HOLD HARMLESS, THE RELEASED PARTIES FROM AND AGAINST ANY LIABILITY FOR ANY DAMAGES, INJURY OR LOSSES, TO ANY PERSON (INCLUDING DEATH), OR PROPERTY, OF ANY KIND RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY FROM ACCEPTANCE, POSSESSION, MISUSE OR USE OF ANY PRIZE, ANY PORTION THEREOF OR PARTICIPATION IN ANY SWEEPSTAKES RELATED ACTIVITY OR PARTICIPATION IN THIS SWEEPSTAKES.

By entering this Sweepstakes, the Entrant agrees to the following Statement:

I expressly understand that Section 1542 of the Civil Code of California provides substantially as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” The provisions of this Section 1542 of the Civil Code of California and any similar law of any state, territory, or other jurisdiction are hereby expressly waived.

11. LIMITATIONS OF LIABILITY: The Sweepstakes Entities are not responsible for late, lost, damaged, misdirected, incomplete, illegible, undeliverable, destroyed, and/or lost, late, misdirected, undeliverable or incomplete entries due to system errors or failures, or faulty transmissions and/or entries not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete or garbled computer or telephone transmissions, or for any problems or technical malfunction(s) of any telephone network or lines, computer online systems, servers or providers, computer equipment, or entries not received by Sponsor on account of technical problems or traffic congestion on computer networks, or any combination thereof, including any injury or damage to participant’s or any other person’s computer related to or resulting from participating in the Sweepstakes or downloading any material for the Sweepstakes, or other telecommunications malfunctions which may limit an Entrant’s ability to participate. Sponsor may prohibit an Entrant from participating in the Sweepstakes or winning the Prize if, in its sole discretion, it determines that said Entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other Entrants or Sweepstakes Entities. Any attempt by any person to deliberately damage any website or undermine the legitimate operation of the Sweepstakes is a violation of criminal and civil law, and, should such an attempt be made, Sweepstakes Entities each reserve the right to seek damages from any such person to the fullest extent permitted by law. If for any reason this Sweepstakes is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, or any other causes beyond the reasonable control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, then the Sponsor reserves its right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes.

To the maximum extent permitted by law, IN NO EVENT WILL THE SWEEPSTAKES ENTITIES BE RESPONSIBLE OR OTHERWISE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RELATED TO THE SWEEPSTAKES, INCLUDING ANY ACCESS TO OR USE OF THE SPONSOR’S WEBSITE OR ITS OTHER RESPECTIVE SOCIAL MEDIA SITES, OR ANY DOWNLOADING FROM OR PRINTING MATERIAL FROM THESE WEBSITES OR SOCIAL MEDIA SITES. EVERYTHING ON THESE WEBSITES OR OTHER SOCIAL MEDIA SITES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. WINNERS AGREE THAT ALL PRIZES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, NO RESPONSIBILITIES ARE ACCEPTED FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS, OR RE-ROUTING RESULTING FROM ANY ACTS OF ANY GOVERNMENT OR AUTHORITY.

12. DISPUTES – MANDATORY MEDIATION: Except where prohibited, as a condition of participating in this Sweepstakes, each Entrant agrees that any dispute, claim or controversy arising out of or relating to the Sweepstakes or the breach, termination, enforcement, interpretation or validity of the Official Rules thereof, including the determination of the scope or applicability of this agreement to mediate, shall be determined by mediation in Maricopa County, Arizona.

These Official Rules and the rights of the parties hereunder shall be governed by and construed in accordance with the substantive laws of the State of Delaware, exclusive of conflict or choice of law rules.

In any mediation arising out of or related to the Sweepstakes, the mediator(s) are not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages.

In any mediation arising out of or related to the Sweepstakes, the mediator(s) may not award any incidental, indirect or consequential damages, including damages for lost profits.

Any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any Prize awarded shall be resolved individually, without resort to any form of class action.

All costs of mediation will be borne equally by the parties, including all professional fees for the mediator’s services.

The parties shall maintain the confidential nature of the mediation proceeding and the Award, except as may be necessary to prepare for or conduct the mediation, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an Award or its enforcement, or unless otherwise required by law or judicial decision.

13. WINNER LIST/RULES: For a copy of the of the Official Rules visit: https://stathero.com/terms-conditions-service/.

To find out who won, please send your request to support@stathero.com. Requests must be received no later than three (3) months following the end of the Sweepstakes Period.

This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with any entity through which the Contest is promoted. Any questions, comments or complaints regarding this Sweepstakes should be directed to Sponsor.

ABBREVIATED RULES

NO PURCHASE NECESSARY. Must be a legal resident of the United States and 18 or older. Entries must be rec’d by and promotion ends at 12:01 AM (PT) on January 24, 2022. Go to: https://stathero.com/terms-conditions-service/ for Official Rules and details. Odds of winning depend on number of entries received. Void where prohibited.