MoneyBall DFS Terms and Conditions
Date modified: 2018/08/01
Please read the Terms carefully and if you do not accept the Terms, do not use the Website. The Terms shall also apply to all contest participation via mobile devices.
2. Where you play any contest, using the Website, you accept and agree to the Rules which apply to the applicable contests available on the Website.
2.1. When you open Your Account You will be asked to provide us with personal information, including your name and date of birth and appropriate contact details, including an address, telephone number and e-mail address (Your Contact Details). You may update Your Contact Details from time to time through the My Account management page on the Website.
2.3. In opening Your Account You certify that:
(a) You understand and accept the risk that, by using the Services, You may, as well as winning money, lose money. You play in contests at your own risk.
(b) You are over eighteen (18) years of age.
(c) The contest is for entertainment only, and your participation in the Contests is solely for your own personal enjoyment and non-professional use.
(e) Daily Fantasy Sports is not illegal in the territory where you reside.
(f) You have not been excluded from participating in DFS games or other gaming sites.
(g) You have not already had an Account closed by us under paragraph 9 (Collusion, Cheating, Fraud and Criminal Activity) or at your request under paragraph 21 (Responsible contest).
2.4. Your Account must be registered in your own, correct, name and personal details. Any other accounts which you open with us, or which are owned by you in relation to the Services shall be Duplicate Accounts. Duplicate Accounts may prompt an audit of the member's accounts and may result in the closure of the account and forfeiture of any winnings.3. VERIFICATION OF YOUR IDENTITY
3.1 You certify that:
(a) the name and address you supply when opening Your Account are correct, and you agree to provide supporting proof of ID and proof of address as defined in our Know Your Customer Policy
(b) You are the rightful owner of the money which you at any time deposit in your Account.
(c) By agreeing to these Terms you authorize us to undertake any such verification checks as we may require to confirm these facts. You agree that from time to time, upon our request, you may be required to provide additional details in respect of any of such information you have provided us, including in relation to any deposits which you have made into your Account.
(d) While we are undertaking any Checks, we may restrict you from withdrawing funds from Your Account and/or prevent access to all or certain parts of the Website. Please note that we may from time to time re-perform the Checks for regulatory, security or other business reasons. If any such restrictions cause you a problem, please contact Player Services.
(e) It is an offense for persons under the age of eighteen (18) to make use of the Website. If we are unable to confirm that you are 18 years old then we may suspend your account until such time that we are able to confirm your age. If you are subsequently proven to have been under 18 years of age at the time you made any contest transactions with us, then:
Your Account will be closed.
All transactions on your account will be made void, and all related funds deposited by you will be returned by the payment method used for the deposit of such funds, wherever practicable.
(f) If you enter a fictional address or VPN to circumvent access from restricted states where we are not licensed to operate or where DFS is illegal, your account will be deactivated and any winnings forfeited.4. USERNAME, PASSWORD and PIN
4.1. After opening your account, you must take all reasonable steps to avoid disclosing (whether deliberately or accidentally) your username, password and/or account number to anyone else, including ensuring that up-to-date security software is downloaded onto your computer.
4.2. All transactions made where your username and password have been entered correctly will be regarded as valid, whether or not authorized by you, and we shall not be liable for any claims in the event that you disclose your username, password or account number to anyone else (whether deliberately or accidentally).
4.3. If you have reason to believe that such details are known to an unauthorized third party, you must immediately proceed to the secure My Account area of the website and change your password. When choosing a password, MoneyBall DFS recommends you follow these guidelines:
(a) Do not use all lower case letters
(b) Do use numbers and/or symbols
(c) Do use a mix of upper and lower case letters5. DEPOSITS AND WITHDRAWALS FROM YOUR ACCOUNT
5.1. If you wish to participate in the Services, you must deposit into your account from an account or source of which you are the account holder. If you use a payment method where you are not the account holder, we reserve the right to treat any deposit into the Account as being invalid, and any winnings arising from such deposit as void, pending the satisfactory completion of all relevant checks.
5.2. You further agree not to make any charge-backs, reversals or otherwise cancel any deposits into your account, and in any such event to refund and compensate us for such unpaid deposits including any expenses incurred by us in the process of collecting your deposit.
5.3. Should we become aware of deposits into your Account without any contest activity within 30 days, the deposit may be refunded.
5.4. To the extent required by your local law or tax or other authorities you are responsible for reporting your winnings and losses arising from the Services.
5.5. You can set a deposit limit on your account in any one day or total per month. For details of how to set up a deposit limit please contact Player Services.
5.6. Subject to paragraph 12 (Closure of Your Account; etc), you may request withdrawal of funds from your Account at any time provided that:
(a) all payments made into your Account have been confirmed as cleared and none have been charged-back, reversed or otherwise cancelled;
(b) any checks referred to in paragraph 3 above have been completed by us to our satisfaction; and
(c) You have complied with any other relevant withdrawal conditions affecting your Account (e.g. any applicable Bonus Terms).
5.7. Your Personal Identification Number (PIN) is required before you can withdraw any funds from MoneyBall DFS. This is a further step in securing that only you can access money in your account. This number is sent to you via email upon opening an account and can be retrieved at any time via the secure My Account area of the site. You are solely responsible for the security of your PIN.
5.8. We will attempt to accommodate your request regarding the payment method of your withdrawal. This, however, cannot be guaranteed. Therefore, we may process and pay withdrawals in a different payment method than the one requested by you (any charges associated with relevant payment methods are set out in the Withdrawal section of the Website).
5.9. You are responsible for ensuring your address and account information is correct and up-to-date. If a stop-payment request is necessary due to an out-of-date address or any other request made by you, a fee of up to $250 may be applied.
5.10. A pending withdrawal may be cancelled by you by accessing the Withdrawal Confirm Cancel page within the Cashier by selecting 'Cancel' from either the Withdrawal Success Page or the Withdrawal/Transaction History page. Once the withdrawal cancellation is submitted the money will be immediately credited back to your account.
5.11. The Company reserves the right to subcontract and use third-party payment processors and/or financial institutions (Electronic Service Providers or ESPs) to process deposit and withdrawal transactions. In furtherance of such processing, you hereby irrevocably authorize us, as necessary, to instruct such ESPs to handle account deposits and cash outs from your Account and you irrevocably agree that the Company may give such instructions to ESPs on your behalf. You agree to be bound by the terms and conditions of use of each applicable ESP. You agree that in the event of a conflict between this Agreement and the ESP's terms and conditions, this Agreement shall prevail.
5.12. Inactive Account Fee; If you do not use your Account for participating in contests, making a deposit, withdrawal or transfer, or if it is otherwise inactive, for a period of at least 12 consecutive months then it will be considered a Dormant Account. All Dormant Accounts will incur a Monthly Inactive Fee of $100. Returning players are eligible for a credit of this fee subject to Management approval. If no real money transaction has been recorded on an account for more than five (5) years it shall be determined to be Abandoned. You will be informed of any balance remaining in the account. If the member cannot be contacted then the balance will be remitted to the Financial Services Regulatory Commission where it will be held securely for the member.6. BONUSES AND FREEROLLS
6.1. Members are eligible for promotions, bonuses, free contest play or special offers from time to time.
6.2. Terms and Conditions and/or rules with regard to promotional, bonus, free contest entry or special offers are clearly identified on each offer.
6.3. The terms of the offer will be considered accepted if you choose to participate in the offer.
6.4. If you do not agree to the terms of the offer do not participate.
6.5. Bonuses and/or free contest entries shall be non-transferable and non-refundable.
6.6. We only allow one bonus/free contest entry per account/household or environments where computers are shared.
6.7. Management reserves the right to revoke a bonus and winnings derived from the revoked bonus at any time.
6.8. Freeroll contests are contests where a contestant enters a contest that is deemed a freeroll with an entry fee of $0. Contestants that win money in freeroll contests win Fantasy Cash. In order to convert fantasy cash to actual cash, the contestant must roll over their fantasy cash 5 times with real cash. For example, if you win $100 in fantasy cash, you have to play $500 in accumulated contests with real cash to be able to convert that $100 in fantasy cash to actual cash. Contestants cannot withdraw fantasy cash.
6.9. All unearned bonuses or fantasy cash awarded will expire after 30 days unless otherwise stated. Please check the bonus section in the My Account management page for more details.
6.10. Members must play their own money in order to rollover a bonus or fantasy cash.7. LEGAL USE OF THE WEBSITE
7.1. Access to or use of the Website or any of the Services via the Website may not be legal for some or all residents of or persons in certain states. The availability of the Website does not constitute an offer, solicitation or invitation by us for the use of or subscription to participating in a contest or other services in any jurisdiction in which such activities are prohibited by law.
7.2. It is your responsibility to determine the law that applies in the location in which you are present.
7.3. If it becomes apparent to us that you are physically in a state in which the use of the Website is not legal, we shall be entitled immediately to close Your Account pursuant to paragraph 12 (Closure of Your Account; etc).
7.4. MoneyBall DFS operates under the license of MoneyBall DFS LLC. MoneyBall DFS is legally authorized to operate DFS contests in various states within the USA. All contests played with MoneyBall DFS are considered to be placed and received in the state where the player was physically at the time the contest entry was submitted. Any matter to be adjudicated shall be determined utilizing the laws of the state of Delaware.
7.5. Should there be any discrepancy in the legality of any transactions between you and MoneyBall DFS, or any of its affiliates, the matter shall be determined by a court of competent jurisdiction in the USA in the state of Delaware.
7.6. MoneyBall DFS does not guarantee the accuracy of verbal or written communications. Our Contest Rules have precedence over any verbal or written communications and, in the event of any dispute, the policies and terms and conditions posted on our site are final. Furthermore, MoneyBall DFS s Management does not guarantee the privacy of live chat conversations.
8.1. In order to participate in a contest or access a Service you should follow the instructions provided in the Rules section in the Appendix below.
8.2. It is your responsibility to ensure that the details of any contest, stake or similar transaction that you place using the Services (a Transaction) are correct when using the Website (either directly, through an application or otherwise) in accordance with the relevant Contest Rules, as appropriate.
8.3. Your contest Transaction history can be accessed by you by in the My Account section on the Website, or through our Player Services team (including by opting to receive a written statement). For Transaction history from other a contest you can contact Player Services.
8.5. Once a Transaction has been accepted by us, you cannot cancel the transaction unless we agree otherwise.
8.6. We may cancel or amend a Transaction pursuant to the provisions of paragraph 3 (Verification of Your Identity), paragraph 9 (Collusion, Cheating, Fraud and Criminal Activity) or paragraph 15 (Errors or Omissions).
8.7. BLANK9. COLLUSION, CHEATING, FRAUD AND CRIMINAL ACTIVITY
9.1. The following practices in relation to the Services :
(a) abuse of bonuses or other promotions(as defined in paragraph 9.4)
(b) using unfair external factors or influences (commonly known as cheating)
(c) taking unfair advantage (as defined in paragraph 9.4);
(d) opening any Duplicate Accounts; and/or
(e) undertaking fraudulent practice or criminal activity (as defined in paragraph 9.4),
constitute Prohibited Practices and are not permitted. We will take all reasonable steps to prevent and detect such practices and to identify the relevant players concerned if they do occur.
9.2. You agree that you shall not participate in or be connected with any form of Prohibited Practice in connection with your access to or use of the Services.
(a) We have reasonable grounds to believe that you have participated in or have been connected with any form of Prohibited Practice (and the basis of our belief shall include the use by us of any fraud, cheating and collusion detection practices which are used in the gambling and DFS industry at the relevant time); or
(b) You have participated in other contests or placed contest entries with other online provider of DFS or sports betting and are suspected (as a result of such play) of any Prohibited Practice or otherwise improper activity; or
(c) We become aware that you have charged back or denied any of the purchases or deposits that you made to your account; or
(d) You become bankrupt or suffer analogous proceedings anywhere in the world,
then, (including in connection with any suspension and/or termination of your account) we shall have the right, in respect of your account to withhold the whole or part of the balance and/or recover from the account the amount of any deposits, payouts, bonuses or winnings which have been affected by or are in any way attributable to any of the event(s) outlined in this paragraph.
9.4. For the purposes of this paragraph 9:
(a) a fraudulent practice means any fraudulent activity engaged in by you or by any person acting on your behalf or in collusion with you, and shall include, without limitation:
fraudulent charge-backs and rake-back activity;
the use by you or any other person who was participating in the same contest as you at any time, of a stolen, cloned or otherwise unauthorized credit or debit card, as a source of funds;
the collusion by you with others in order to gain an unfair advantage (including through bonus schemes or similar incentives offered by us);
any attempt to register false or misleading account information;
any actual or attempted act by you which is reasonably deemed by us to be illegal in any applicable jurisdiction, made in bad faith, or intended to defraud us and/or circumvent any contractual or legal restrictions, regardless of whether such act or attempted act actually causes us any damage or harm;
(b) a criminal activity shall include, without limitation, money laundering, fraud and any offence under the laws of Antigua and Barbuda
(c) an unfair advantage shall include, without limitation:
the exploitation of a fault, loophole or error in our or any third party's software used by you in connection with the Services (including in respect of any contest);
the use of automated players ('bots'), or other 3rd party software or analysis systems; or
the exploitation by you, of an 'Error' as defined in paragraph 15.1, in any case either to your advantage and/or to the disadvantage of us or other.
(d) A bonus abuse shall include:
Making a deposit to receive a bonus without any activity of the deposited funds
Cashing out for the purpose of re-depositing
Betting both sides of a single event for the purpose of falsely achieving bonus rollover requirements
Referring new accounts for your own use10. ABUSIVE OR OFFENSIVE LANGUAGE
10.1. Abusive or offensive language is not permitted in nicknames, the multi-player a contest, chat areas or with MoneyBall DFS staff. Any violation of this policy may result in a suspension of playing privileges or such other action as may be required to ensure compliance. You hereby agree that you shall not post any unlawful, obscene, libelous, defamatory, threatening, or other materials that would violate any law or generally be considered offensive via the website using the chat option, player avatar option, or in any correspondence with the MoneyBall DFSs staff. Abusive or offensive language includes, but is not limited to, any player statements that are in MoneyBall DFS 's sole opinion, obscene, profane, racist, in bad taste, slanderous, unnecessarily hostile, or contrary to the purpose of our website's chat function.
10.2. Further, you agree that you shall not make any statements on or through the website which promote any website, service or product of any party except MoneyBall DFS. You shall not make any statements about MoneyBall DFS, the website or the a contest that are untrue or would reasonably be considered to be derogatory or critical.11. ILLICIT ADVERTISING
12.1 All withdrawals based on account closures are subject to a $100 processing fee.
CLOSURE AND TERMINATION BY YOU
12.2. Provided that your account does not show that a balance is due to us or pending contest, you are entitled to close your account at any time, by contacting us through Player Services.
12.3. When you request closure of your Account we will, subject to paragraph 9.3, return any outstanding balance in your Account to you.
12.4. Upon any termination of your Account, we shall be entitled to withhold, from the repayment of the outstanding balance on your account, any monies pursuant to paragraph 9 (Collusion, Cheating, Fraud and Criminal Activity) and as appropriate on verification per paragraph 3.
12.5. When repaying the outstanding balance on your account, we shall use the same method of payment which you provided upon registration of your account or such other payment method as we may reasonably select.
CLOSURE AND TERMINATION BY US
If you enter a fictional address to circumvent our restricted states list your account will be deactivated and any winnings forfeited.
SUSPENSION BY US
(a) no activity shall be permitted (including deposits, withdrawals, betting or contest) until the date upon which it is re-activated by us;
(b) no bonuses or contingent winnings will be credited to the account;
(c) we shall address the issue that has given rise to the account suspension with a view to resolving it as soon as possible so that the account can, as appropriate, either be re-activated or closed.13. DISCREPANCIES AND DISPUTES
13.1. You accept the responsibility to verify your balance on each account log-in prior to playing. When you verify and accept your account balance you agree that all previous transactions are correct and you do not have any claims
13.2. Claims and disputes must be settled prior to making any further contest entries.
13.3. Should you wish to make a complaint regarding the Services, as a first step you should as soon as reasonably practicable contact Player Services about your complaint, which will be escalated as necessary within our Player Services team until resolution.
13.4. All internet transactions will be logged and log files securely stored.
13.5. Members can request a statement of transactions by contacting Player Services.
13.6. For general disputes, we provide a record that contains the contested amount, running balance, contest type. Due to technology constraints, we can only provide the member with the card details and outcomes. Every contest has a unique contest ID and members should provide it in their contest claim. If a unique card ID or exact time for a particular contest is not provided by the member we cannot guarantee the funds will be reimbursed.
13.8. If you remain unhappy with any solution offered by us then you agree that the matter may be referred to the Antigua and Barbuda Financial Services Regulatory Commission or via this form
13.9. You acknowledge that the timestamp generated when a contest card is created will determine the tiebreaker outcome of the contest played through the Services and you accept the outcomes of all such contests. You further agree that in the unlikely event of a disagreement between the result that appears on your screen and the contest server used by MoneyBall DFS, the result that appears on the contest server will prevail, and you acknowledge and agree that our records will be the final authority in determining the terms and circumstances of your participation in the relevant online contest activity and the results of this participation.
13.10. When we wish to contact you, we may do so using any of your Contact Details. Notices will be deemed to have been properly served and received by you immediately after an email is sent or after we have communicated with you directly by telephone (including where we leave you a voicemail).14. TECHNICAL FAILURE
14.1. Where problems occur in the software or hardware used by us to provide the Services we will take all reasonable steps to remedy the problem as soon as practicable.
14.2. We do not accept any liability whatsoever for problems caused by the equipment which you or other players are using to access the Services, or faults relating to your or their internet service provider.
14.3. BLANK15. ERRORS OR OMISSIONS
15.1. A number of circumstances may arise where a contest entry is accepted, or a payment is made, by us in error. A non-exhaustive list of such circumstances is as follows:
(b) where we have made a palpable error. A palpable error occurs where:
in relation to contests entry prior to an event taking place, the prices/terms offered are materially different from those available in the general market; or
in relation to any event, the price/terms offered at the time the contest entry is placed are clearly incorrect given the probability of the event occurring;
(c) where we have continued to accept contest entries on a contest which should have been suspended, including where the relevant event is in progress or had already finished;
(d) where an error has been made as a result of a Prohibited Practice under paragraph 9.1;
(e) where we should not have accepted, or have the right to cancel or re-settle, a contest entry pursuant to the Contest Rules (for example due to Related Contingencies);
(f) where an error is made by us as to the number of winnings/returns that are paid to you, including as a result of a manual or computer input error; or
(g) where an error has been made by us as to the number of free contest entries and/or bonuses that are credited to your account,
any such circumstances being referred to as an Error.
15.2. We reserve the right to:
(a) correct any Error made on a contest entry placed and re-settle the same at the correct price or terms which were available or should have been available through MoneyBall DFS (absent the publishing error) at the time that the contest entry was placed and the contest entry will be deemed to have taken place on the terms which were usual for that contest entry; or
(b) where it is not reasonably practicable to correct and re-settle under 15.2 (a) above, to declare the contest entry void and return your stake into your account; or
(c) in circumstances where the Error has resulted from a Prohibited Practice, to take the steps set out in paragraph 9.
15.3. Any monies which are credited to your account, or paid to you as a result of an Error shall be immediately repaid to us or we may reclaim these monies from your account. We agree that we shall use all reasonable actions to detect any Errors and inform you of them as soon as reasonably practicable.
15.4. We (including our employees or agents) shall not be liable for any loss, including loss of winnings that result from any Error by us or an error by you.
15.5. You shall inform us as soon as possible should you become aware of any Error.
15.6. Where you have used monies which have been credited to your account or awarded to you as a result of an Error to place subsequent contest entries or play a contest, we may cancel such contest entries and/or withhold any winnings which you may have won with such monies, and if we have paid out on any such contest entries or contest activities, such amounts shall be deemed to be held by you on trust for us and you shall be immediately repaid to us when a demand for payment is made by us to you.16. SUSPENSION, MODIFICATION, REMOVAL, AND ADDITION OF A CONTEST
16.1. We reserve the right to suspend, modify, remove and/or add any contest in our sole discretion and without notice but without prejudice to any a contest and/or contest entries in progress at the time of such amendment. In the event of such suspension, modification, removal or addition of any contest for any reason, MoneyBall DFS will not be liable to you in any way.17. EVENTS OUTSIDE OUR CONTROL
17.2. Our performance is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite the Force Majeure Event.18. INDEMNITY
18.1. You agree at all times to indemnify, defend and hold harmless MoneyBall DFS, its directors, officers, shareholders and employees, including its agents, suppliers, affiliates and their respective directors, officers and employees, against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by MoneyBall DFS directly or indirectly in respect:
(a) of your use or misuse of the Content or this website in any manner whatsoever, including without limitation infringement claims, participation in a contest and your entitlement to any winnings through the use of such a contest
(b) to events perceived to be resulting from the delay, failure or interruption of connectivity of the Software19. COPYRIGHT AND OTHER PROPERTY RIGHTS
19.1. You acknowledge that any and all information, content, reports, data, databases, graphics, interfaces, web pages, text, files, software, product names, company names, trademarks, service-marks, logos and trade names including the name MoneyBall DFS contained on this website (collectively the Content) including the manner in which the Content is presented or appears and all information relating thereto, are the property of their respective owners as indicated, MoneyBall DFS or its licensors, as the case may be. Without limiting the generality of the foregoing, the term Content shall also include images, pictures, graphics, photographs, animations, videos, music, audio, text, and a contest located on the MoneyBall DFS website. You agree that the Content is protected by copyright law and MoneyBall DFS reserves all right in relation to the Content.20. NO COMPANY EMPLOYEES OR AFFILIATES
20.1. If you are an officer, director, employee, consultant or agent of MoneyBall DFS or one of its affiliated or subsidiary companies, or a supplier or vendor to MoneyBall DFS, you are not permitted to register with our website or to participate directly or indirectly in any of the contests (each an Unauthorized Person). Similarly, relatives of Unauthorized Persons are not permitted to register with our website or to participate directly or indirectly in any of the contests. For these purposes, the term relative shall mean spouse, partner, parent, child or sibling. MoneyBall DFS will withhold any and all winnings to be paid in favor of persons who are in breach of this provision.21. RESPONSIBLE CONTEST
For those customers who wish to restrict their participation, we provide a voluntary self-exclusion policy, which enables you to close your account or restrict your personal limits.
If you require any information relating to this facility please speak to Player Services or view our Responsible participation section.
During the self-exclusion period you must not attempt to try to open new accounts and you accept that we have no responsibility or liability whatsoever if you continue participating and/or seek to use the Website and we fail to recognize or determine that you have requested self-exclusion in circumstances which are beyond our reasonable control including you opening a new account or using a different name or address.
We will immediately inactivate any contest account belonging to a member for whom participating has become a problem and that account will remain permanently closed. Furthermore, any new accounts opened by that member will be inactivated.
Neither do we condone underage participation. Members must be at least 18 years of age.
MoneyBall DFS is committed to supporting Responsible DFS initiatives.