Welcome to GAMEDAYRITUAL ("GDR"), a product of FANTASY SPORTS REALITY INC. (FANTASY SPORTS REALITY or the Company). FANTASY SPORTS REALITY includes GAMEDAYRITUAL.com, and other sites affiliated with FANTASY SPORTS REALITY (each a " Site").
1. Definitions. GDR is a premium on-line membership based service. The "Member" is defined as a person who accesses GDR site. Each Member will have an account ("Account") for access to and use of GDR.
2. Agreement. This Agreement, which incorporates by reference other provisions applicable to use of GDR governing the use of certain specific material contained in GDR, sets forth the terms and conditions that apply to the use of GDR by the Member. By subscribing to GDR program, the Member agrees to comply with all of the terms and conditions hereof. The right to use GDR is personal to the Member and is not transferable to any other person or entity. The Member is responsible for all use of the Member's Account (under any screen name/username or password) and for ensuring that all use of the Member's Account complies fully with the provisions of this Agreement. Only one individual may access GDR using the assigned same screen name/username or password, unless FANTASY SPORTS REALITY agrees otherwise. The Member shall be responsible for protecting the confidentiality of the Member's password(s), if any.
3. Right to Change. FANTASY SPORTS REALITY shall have the right at any time to change or discontinue any aspect or feature of GDR contest or program, including, but not limited to, content, availability, and equipment needed for access or use.
4. Changed Terms. FANTASY SPORTS REALITY shall have the right at any time to change or modify the terms and conditions applicable to the Member's use of GDR, or any part thereof, or to impose new conditions, including, but not limited to, changing fees and charges for use. Such changes, modifications, additions or deletions shall be effective 30 days after notice thereof, which may be given by means including, but not limited to, posting on gamedayritual.com (including within these Rules), or by electronic or conventional mail, or by any other means by which the Member obtains notice thereof. Any use of GDR by the Member after such notice shall be deemed to constitute acceptance by the Member of such changes, modifications or additions.
5. Equipment. Member shall be responsible for obtaining and maintaining all equipment, including but not limited to, all telephone, computer hardware and software, and other any equipment needed for access to and use of GDR and all charges related thereto.
6. Disclaimer of Warranty; Limitation of Liability.
(A) MEMBER EXPRESSLY AGREES THAT USE OF GDR IS AT MEMBER'S SOLE RISK. NEITHER FANTASY SPORTS REALITY, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT GDR WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF GDR, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH GDR.
(B) GDR IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. MEMBER SPECIFICALLY ACKNOWLEDGES THAT FANTASY SPORTS REALITY IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER MEMBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH MEMBER.
(D) IN NO EVENT WILL FANTASY SPORTS REALITY, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING GDR OR THE GDR SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE GDR. MEMBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON GDR.
(E) MEMBERS SOLE REMEDY IN CASE OF DISPUTE IS MEMBERSHIP FEES PAID.
7. Indemnification. The Member agrees to defend, indemnify and hold harmless all FANTASY SPORTS REALITY, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including, but not limited to, attorneys' fees, arising out of the use of GDR by the Member or the Member's Account.
8. Billing. GDR Members will be billed one for each team or league acquired otherwise noted and agreed upon. The Members right to use the Service is subject to any limits established by GDR or by the Members credit card issuer. If payment cannot be charged to Customer's credit card or the Members charge is returned for any reason, including chargeback, GDR reserves the right to either suspend or terminate the Members access and account, thereby terminating this Agreement and all obligations of FANTASY SPORTS REALITY hereunder. The Member of GDR is not, however, relieved of debt owed to FANTASY SPORTS REALITY.
9. Participation. GDR Members acknowledge that membership is not a requirement to participate in any game or contest. Non-members may obtain details on how to participate in each individual game and contest by emailing GDR at firstname.lastname@example.org. Members acknowledge that a portion of member fees are applied towards games and a portion towards providing integrated fantasy content.
10. Privacy. GDR takes the issue of your privacy seriously. We do not share your credit card information with anyone else.
11. Transferral. GDR Member accounts can be transferred to another entity in the event of a merger or acquisition of FANTASY SPORTS REALITY or the GDR property.
12. Eligibility. GDR is open to all residents of the fifty United States and the District of Columbia who are 21 years of age, and to all residents of Canada (excluding residents of Quebec) who are 18 years of age or older (or the age of majority in their province) at time of entry. If you are a resident of Arizona, Florida, Maryland, Vermont, Montana, Louisiana, New Jersey, Arkansas, or Tennessee, you are welcome to participate in the games, and you should note that gamedayritual does not offer any prizes of any nature including cash or non-cash prizes. Void where prohibited by law. Employees of the Company, Co-Sponsors or of such entities' affiliates, subsidiaries, dealers or retailers, advertising or promotion agencies are not eligible, nor are members of such employee's families or households. To enter GDR a member may either (a) use their GDR login and password or (b) send your team and league information in a self-addressed stamped envelope to GDR, c/o FANTASY SPORTS REALITY, 951-2 Old County Road #393, BelmontCA, 94002. If you do not have a username and password and need any additional information on how to enter and play a particular game please contact the Company at email@example.com. The Company assumes no responsibility for incomplete, late, lost or misdirected entries, or entries received through impermissible or illegitimate channels; for failed, partial or garbled computer transmissions, or for technical failures of any kind.
13. Disputes. Participant agrees that:
(1) any and all disputes, claims, and causes of action arising out of or connected with GDR shall be resolved individually, without resort to any form of class action, and exclusively by arbitration under the Commercial Arbitration Rules (January, 1999) of the American Arbitration Association in Washington, D.C;
(2) The participant acknowledge that the Company is an Incorporated Company and the management, directors and officers of the Company are acting on behalf of the Company, and any and all legal action related to this agreement must be brought against the company and not an officer, manager or director of the company;
(3) any and all claims, judgments and awards shall be limited to membership fees but in no event attorneys' fees; and
(4) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual membership fees, and any and all rights to have damages multiplied or otherwise increased.
SOME JURISDICTIONS DO NOT ALLOW THE L IMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
14. Voided Transactions. FANTASY SPORTS REALITY reserves the right to void any transactions that it considers in violation of the Fair Play policy. If your transaction is voided by FANTASY SPORTS REALITY for any reason, your roster and strategy provisions will revert to the line-up of the previous weekly match-up period.
15. Prizes. Gamedayritual does not award prizes. This game of skill is for entertainment purposes only.
16. Standards and Game Rules. An official standards and practices committee has been established to govern the agreement and play of GDR. You may address any questions, discrepancies, concerns or suggestions to GDR, c/o FANTASY SPORTS REALITY, 951-2 Old County Road #393, BelmontCA, 94002, phone (215) 243-7246, fax (215) 243-7246, or email firstname.lastname@example.org. FANTASY SPORTS REALITY reserves the right to adjust any rule if such an adjustment best serves all competitors. FANTASY SPORTS REALITY also reserves the right to disqualify or refuse service to anyone if there is any evidence of tampering or manipulation.
17. Publicity. FANTASY SPORTS REALITY reserves the right to use a GDR entrant's names for publicity. Winners automatically grant to FANTASY SPORTS REALITY the right to use their name and likeness in advertising and promotion of this event without further permission or compensation. Residents of Missouri are not required to comply with the terms of this paragraph.
18. Player Strike and Schedule Changes. FANTASY SPORTS REALITY takes no responsibility for any games that are delayed or postponed (i.e. player strikes, weather, riots). For any reason and without notice FANTASY SPORTS REALITY reserves the right to cancel the GDR contest without refund.
19. GDR may not be used for any form of gambling.
20. Refunds. FANTASY SPORTS REALITY will honor all written refund requests received by the end of the third week of game play. All such requests must be addressed to FANTASY SPORTS REALITY, 951-2 Old County Road #393, BelmontCA, 94002.
21. Void where prohibited by law.
22. Affiliation. GDR or FANTASY SPORTS REALITY is not affiliated with nor endorsed by The National Football League, or any NFL team, Major League Baseball, or any MLB team.
23. Acknowledgement. By entering GDR, you:
(1) Acknowledge acceptance of these agreement and agree to adhere to and be bound by them;
(2) Release, and waive any rights of recovery against or in connection with FANTASY SPORTS REALITY and their respective sponsors, contractors, agents, officers, and employees from and against any claims, expenses, damages and/or liability incurred by you in connection with or related to the operation of, or your participation in GDR, and
(3) Agree to hold FANTASY SPORTS REALITY harmless from all typographical, statistical, transaction, and communication errors or omissions, and FANTASY SPORTS REALITY reserves the right to disqualify any participant for suspected cheating or non-adherence to this Agreement or the Fair Play policy stated in the GDR Users Manual and Guide.
24. Entire Agreement. This Agreement and our Legal Disclaimer and any operating and game agreement for GDR established by FANTASY SPORTS REALITY constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws agreement. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
This Agreement was last revised February 21, 2008