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.
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.
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.
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 email@example.com
We frequently offer free play bonuses to newly depositing users and for other marketing purposes. Certain free play bonuses are awarded and placed in user’s free play accounts and can be earned gradually when users enter and complete paid contests. Free play credit can be used by the user to play StatHero in head to head contests to win the dollar amount the free play stands for. The user will be responsible for a 15% hosting fee of desired free play when entering free play contests. Unless otherwise stated, any unconverted pending bonus remaining in a player’s account 90 days after it has been initially credited can be removed by StatHero. In the event of abuse of the free-play system by any user, StatHero reserves the right to retract your user bonuses.
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.
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.
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.
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 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.
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.
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.
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.
For support, you may use any of the following:
- Go to (Example: https://stathero.com/Customer/Support).
- Call STATHERO 24-hour support desk at 866.959.3323.
- Email Service Provider’s 24-hour support desk at firstname.lastname@example.org. When applicable, any response or reply texts from you to the original received Service Provider SMS text shall not be accepted.
Location coordinates (longitude, latitude, and radius) are obtained only once Service Provider has received proper authorization from the user.
- 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.
- 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.
- 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.
- 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 email@example.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:
- Acceptance of Identity verification utilizing localized and or connected databases to authenticate your identity information.
- 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.
- Acceptance of your connecting devices security configuration for verification of accountconnectivity and “do no harm” associated with malicious software either known orunknown.
- 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.
- Acceptance of services providing analytical data that may be used to determine certain possible fraud, high risk, or other possibly malicious activity.
- 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.