TERMS & CONDITIONS
IMPORTANT NOTICE: PAST, PENDING, OR FUTURE DISPUTES ABOUT THESE TERMS AND CONDITIONS ARE SUBJECT TO FINAL AND BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE “MANDATORY ARBITRATION AND CLASS ACTION WAIVER” SECTION BELOW. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION, YOU MAY OPT OUT OF THE ARBITRATION PROVISION WITHIN THIRTY (30) DAYS BY FOLLOWING THE INSTRUCTIONS PROVIDED.
PLEASE NOTE THAT YOUR PARTICIPATION IN THE PROMOTION (DEFINED BELOW) IS SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT PARTICIPATE IN THE PROMOTION IN ANY MANNER.
THESE RULES AND PARLAYPLAY'S TERMS AND CONDITIONS OF SERVICE GOVERN YOUR PARTICIPATION IN THE PROMOTION. THE COLLECTION AND PROCESSING OF PERSONAL INFORMATION AS PART OF OR IN CONNECTION WITH PARTICIPATING IN ANY PROMOTION IS SUBJECT TO AND GOVERNED BY PARLAYPLAY'S PRIVACY POLICY. ALL APPLICABLE TERMS, POLICIES, AND CONTEST RULES ARE AVAILABLE AT https://parlayplay.io/terms
Description of Promotion
Welcome to the Fantasy Deposit Match Bonus promotion (the “Promotion”), where participants will receive promo credit(s) equal to the amount of first deposit as described in the Advertisement for the Promotion (“Promotion Bonus”).
The Promotion is sponsored by ParlayPlay Fantasy Sports LLC (“ParlayPlay” or the “Sponsor”). The terms “you” or “your” mean the person to whom a Promotion Bonus (defined below) is issued upon satisfaction of the terms and conditions set forth in this Promotion. Redemption of the Promotion is expressly conditioned upon acceptance of and compliance with all of these Promotion Terms and Conditions (“Terms and Conditions”). Promotion participants may be required to complete and sign documentation issued by the Sponsor.
Sponsor expressly reserves the right to amend, suspend or terminate this Promotion at any time without prior notice or consent. Administration of this Promotion is at the sole discretion of the Sponsor.
As used in these Terms & Conditions, the “Advertisement for the Promotion” means the description of the promotion presented to the participant at the time immediately prior to entering the Promotion or the code presented to the participant and used to enter the Promotion, whichever provides for a lower Promotion Bonus, which may include but is not limited to, an advertisement on television, radio, podcast, social media, by email or direct communication, a website or web browser, within the ParlayPlay app (whether on Android, iOS, or otherwise), or in any other manner of presentment, regardless of whether other advertisements provide for different Promotion Bonus amounts. ParlayPlay expressly reserves the right to present Promotion Bonus amounts to users in its sole discretion, and to present Promotion Bonus amounts to users in different amounts for any reason whatsoever, including based upon the manner of the Advertisement for the Promotion.
Promotion Period
The Promotion begins and ends as described in the Advertisement for the Promotion. For purposes of a first-time deposit, the Promotion Period is when the qualifying deposit is made, in the sole discretion of Sponsor.
Eligibility
The Promotion is only open to individuals who are (i) at least 18 years of age (or 21+ in Massachusetts, and 19+ in Alabama and Nebraska) (ii) are physically present in a state that ParlayPlay operates; (ii) not enrolled in any self-exclusion program during the Promotion Period. and (iv) have not previously made a deposit on an account registered on the ParlayPlay platform (“ParlayPlay Account”). You may only earn one Promotion Bonus in respect of all such ParlayPlay Accounts under this Promotion. Additionally, ParlayPlay reserves the right to refuse or otherwise restrict your eligibility to participate in any Promotion for any reason, in our sole discretion, including based on your contest patterns or contest history or if you failed to take advantage of any previous Promotion in good faith. The invitation to participate in this Promotion is not transferable. If you were not directly invited to participate in this Promotion by the Sponsor, you are not eligible to participate in this Promotion or earn any Promotion Bonus. Duplicate accounts will be flagged and promotional credits, including any Promotion Bonus will be forfeited, in addition to other adverse action consistent with ParlayPlay’s terms of service and other applicable terms.
Any questions relating to eligibility, these Promotion Terms and Conditions or any other questions concerning this Promotion will be resolved at the sole discretion of the Sponsor and its decisions will be final and binding with respect thereto. No groups, clubs, corporations, companies, partnerships, or organizations may participate in this Promotion or reproduce or distribute any portion of these Promotion Terms and Conditions to their members.
Any participant who is found to be ineligible to play ParlayPlay immediately forfeits any bonus cash, award, or offer associated with the Promotion, in addition to other adverse action consistent with ParlayPlay’s terms of service and other applicable terms .
How to Enter
Eligible new ParlayPlay customers must first create a ParlayPlay Account. The eligible customer will receive a Promotion Bonus, which is a deposit match in site credits on their first deposit to the ParlayPlay Account in the amount described and as may be restricted, in the Advertisement for the Promotion (“Initial Deposit”) upon successfully opening a ParlayPlay Account. The Promotion Bonus will be paid in site credits.
Claiming Promotion Bonus
Eligible new ParlayPlay customers must first create a ParlayPlay Account. The eligible customer will receive a Promotion Bonus, as a deposit match as a percentage of the deposit in site credits on their first deposit to the ParlayPlay Account (“Initial Deposit”) upon successfully opening a ParlayPlay Account. The Promotion Bonus will be paid in site credits.
The Promotion Bonus will be credited to your ParlayPlay Account within seventy two (72) hours of Sponsor’s confirmation of your Initial Deposit. Promotion Bonus recipients will be solely responsible for all federal, state, and local taxes, and for any other fees or costs associated with the Promotion Bonus received, regardless of whether the Promotion Bonus, in whole or in part, is used. The Promotion Bonus value may be reported for tax purposes as required by law. For purposes of these terms, “site credit” means a dollar equivalent available to the customer as a substitute for entry fees into fantasy sports contests; site credits are not cash, cash equivalents, or any other tangible or intangible property of the customer unless and until the playthrough requirements of the Promotion are met. Site credits may not be transferred to any third party or substituted for cash or any other form of credit, except in Sponsor’s sole discretion.
Registration Procedures
To qualify for the Promotion, eligible individuals must have an active ParlayPlay Account (“Account Holders”) and verify your identity in order to play on the ParlayPlay platform. Creating a ParlayPlay Account at parlayplay.com is free. By submitting your information and creating a ParlayPlay Account, however, participants will be required to agree to the ParlayPlay Privacy Policy and Terms and all other applicable terms and conditions. If you do not agree to ParlayPlay’s Terms and Privacy Policy, you cannot create a ParlayPlay Account or participate in this Promotion.
Limitations on Participation
In addition to the Eligibility Requirements, Sponsor reserves the right to refuse or otherwise restrict your eligibility to participate in any Promotion for any reason, in our sole discretion, including based on your contest patterns or contest history or if you failed to take advantage of any previous Promotion in good faith. This Promotion is void where prohibited by law.
Order of Funds Used for Entering Contests
The Promotion Bonus is non-withdrawable but any winnings from fantasy contests entered using Promotion Bonus and site credits are immediately withdrawable. When a ParlayPlay Account has both Promotion Bonus/site credits and user-deposited funds, the Promotion
Bonus/site credits are applied to entry fees before user-deposited funds.
Restrictions on Withdrawal
The Promotion has a turnover (playthrough) requirement of 1x the Initial Deposit plus the Promotion Bonus amount. Example, if a customer's Initial Deposit is $100, the customer will receive $100 in Promotion Bonus. The customer must play $200 in entry fees in ParlayPlay fantasy contests before being able to withdraw any portion of promotional funds that have yet to satisfy the turnover requirement.
THE PROMOTION BONUS IS FORFEITED IF THE TURNOVER (PLAYTHROUGH) REQUIREMENT IS NOT FULLY MET WITHIN SIXTY (60) DAYS OF THE BONUS BEING ISSUED (TURNOVER PERIOD). When the ParlayPlay Account contains both customer-deposited funds and the Promotion Bonus, the Promotion Bonus is applied first for the purpose of determining the amount of forfeited funds. ParlayPlay may reclaim the forfeited Promotion Bonus at any time after the sixty (60) day Turnover Period has ended, without further notice to the Customer. ParlayPlay does not waive the right to reclaim Promotion Funds by not automatically reclaiming forfeited funds at the end of the sixty (60) day Turnover Period, or at any time thereafter. Customers must follow the cancellation section below if you do not plan on meeting the turnover/playthrough requirement to eliminate any forfeit of bonus funds.
Any winnings that are accrued during the Turnover Period period may be withdrawn. Example, if a customer pays $10 in entry fees and wins $30, the customer may withdraw the amount won while the remaining bonus amount remains ineligible to be withdrawn until the turnover requirements have been met. Sponsor reserves the right in its sole discretion to permit withdrawal of any portion of the Initial Deposit upon a customer’s request.
The Promotion Bonus is not transferable and cannot be substituted except in the Sponsor’s sole discretion.
Cancellation
Should you wish to cancel your participation in this Promotion at any time, please contact customer support at support@parlayplay.com. Upon cancellation, you may withdraw any funds you have deposited into your account without restriction. However, any Promotion Bonus amount in your account is non-withdrawable. Sponsor reserves the right to decline to cancel participation in the Promotion in its sole discretion.
Gambling Problem
Must be 18+ (21+MA, 19+ AL & NE) and present in a state where ParlayPlay operates. Terms apply. Concerned with your play? Call 1-800-522-4700 or visit www.ncpgambling.org
Limitation of Liability
Sponsor is not responsible, and shall have no liability, for any errors or omissions in any advertising for the Promotion. Nor shall the Sponsor be liable for computer, device, or program malfunctions. If an Eligible contest entry is posted as a result of a malfunction, or in “obvious error” (defined by ParlayPlay), the Sponsor reserves the right, at our own discretion, to cancel or reject the Eligible contest entry. The Sponsor is not liable for any erroneous issuance of bonus awards.
Release and Waiver of Liability; Promotional Materials
By participating in this Promotion, participants agree to release, defend, indemnify and hold harmless the Sponsor, its affiliates, partners, advertising and promotion agencies, directors, officers, employees, representatives and agents from and against any and all liability claims or actions of any kind whatsoever (however named or described) for injuries, death, damages or losses to persons and property which may be sustained in connection with: (i) your participation or inability to participate in the Promotion; and (ii) the receipt, use or misuse of the credits, including those damages caused by the Sponsor’s own negligence. The Sponsor expressly disclaims any responsibility or liability for injury or loss to any person or property relating to the delivery and/or subsequent use or misuse of the Promotion or the credits. In consideration of the opportunity to participate in the Promotion and the credits, each individual hereby agrees and consents, without further authorization, compensation or remuneration of any kind, to the use of such individual’s name, photograph, likeness (including his/her voice), biographical information and statements concerning the Promotion, in any and all advertising, promotions and other publicity conducted by the Sponsor and its affiliates.
LIMITATION OF LIABILITY:
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SPONSOR SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, ECONOMIC, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY, DIRECTLY OR INDIRECTLY, TO REDEMPTION OF THE PROMOTION, EVEN IF FORESEEABLE OR EVEN IF THE SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BINDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. THIS SECTION REQUIRES YOU TO ARBITRATE ALL DISPUTES WITH PARLAYPLAY AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. WHILE YOU MUST AGREE TO THIS SECTION AS TO ANY AND ALL CLAIMS, THERE IS AN OPTION, DESCRIBED BELOW, TO OPT OUT OF THE ARBITRATION AND CLASS WAIVER PROVISIONS. THE OPTION TO OPT-OUT IS TIME-LIMITED TO THIRTY (30) DAYS AND REQUIRES YOUR IMMEDIATE ATTENTION.
THIS SECTION GENERALLY PRECLUDES YOU FROM BRINGING ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST PARLAYPLAY. IT ALSO PRECLUDES YOU FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY PAST, PENDING, OR FUTURE CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST PARLAYPLAY BY SOMEONE ELSE. ARBITRATION PRECLUDES YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.
Initial Dispute Resolution. Our Customer Support Department is available at support@parlayplay.io to address any concerns you may have regarding the Promotion. Our Customer Service Department is able to resolve most concerns quickly to our players’ satisfaction. The parties shall use their best efforts through this Customer Service process to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition to either party initiating a lawsuit or arbitration.
Binding Arbitration. If the parties do not reach an agreed upon solution within a period of 30 days from the time informal dispute resolution under the Initial Dispute Resolution provision begins, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all past, pending, and future claims arising out of or relating to these Terms (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Promotion, including claims that arose before acceptance of any version of these Terms containing an arbitration provision, shall be finally settled by binding arbitration administered by JAMS pursuant to the applicable set of Arbitration Rules & Procedures, excluding any rules or procedures governing or permitting class actions, except that no party shall be precluded from seeking remedies in small claims court for disputes or claims within the scope of its jurisdiction. The parties shall select a single neutral arbitrator in accordance with the JAMS applicable procedures.
The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these Terms & Conditions shall be subject to the Federal Arbitration Act.
The Arbitration Rules governing the arbitration may be accessed at www.jamsadr.com. Allocation of Arbitration Fees. JAMS may limit your arbitration fee to $250 (you should note that arbitrator fees are separate, as are attorney fees if you choose to use an attorney to represent you, meaning You will solely be responsible for paying your own attorneys’ fees ). ParlayPlay will bear all costs as required by JAMS.
Each party shall bear its own costs in the arbitration proceeding. If any portion of this section entitled "Binding Arbitration and Class Waiver" is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.
Whether to agree to arbitration is an important decision. It is your decision to make and you are not required to rely solely on the information provided in these terms of use. You should take reasonable steps to conduct further research and to consult with counsel (at your expense) regarding the consequences of your decision.
Class Action Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU
AND PARLAYPLAY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Exception - Litigation of Intellectual Property. Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, trademarks, trade dress and trade secrets, but not privacy or publicity rights).
30-DAY RIGHT TO OPT OUT. YOU HAVE THE RIGHT TO OPT-OUT AND NOT BE BOUND BY THE ARBITRATION AND CLASS ACTION WAIVER PROVISIONS SET FORTH ABOVE BY SENDING WRITTEN NOTICE OF YOUR DECISION TO OPT-OUT TO THE FOLLOWING ADDRESS: ParlayPlay Fantasy Sports LLC, 223 Bedford Avenue Ste A PMB 2024, Brooklyn, NY, 11211. THE NOTICE MUST BE SENT WITHIN THIRTY (30) DAYS OF MAY 21, 2020, OR YOUR FIRST USE OF THE PROMOTION, WHICHEVER IS LATER, OTHERWISE YOU SHALL BE BOUND TO ARBITRATE DISPUTES IN ACCORDANCE WITH THE TERMS OF THOSE PARAGRAPHS. IF YOU OPT-OUT OF THESE ARBITRATION PROVISIONS, PARLAYPLAY ALSO WILL NOT BE BOUND BY THEM. IF YOU DO NOT OPT-OUT, THESE TERMS WILL APPLY TO ALL CLAIMS YOU MAY POSSESS, WHETHER ASSERTED TO DATE OR NOT.
Location. If you are a resident of the United States, arbitration will take place at any reasonable location within the United States convenient for you. For residents in Canada, arbitration shall be initiated in the County of New York, State of New York, United States of America, and you and ParlayPlay agree to submit to the personal jurisdiction of any federal or state court in New York County, New York, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
Confidentiality. You and ParlayPlay shall maintain the confidential nature of the arbitration proceedings and the arbitration award, including the arbitration hearing, 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.
Governing Law. The parties agree that these Terms and the rights of the parties regarding the Promotion and the relationship of the parties shall be governed by and construed in accordance with the laws of the State of New York, which shall apply without regard to principles of conflicts of law.
Additional Terms for Our California Consumers
Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N – 112, Sacramento, CA 95834, or by telephone at 1(800) 952 – 5210.
General Information
Waiver and Severability of Terms. The failure of ParlayPlay to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
Statute of Limitations. You and ParlayPlay agree that any claims or lawsuits, regardless of form, arising out of or related to the Site (including the Promotion) or these Terms of Use or Privacy Policy must BE FILED within ONE (1) YEAR of the action, omission, event or occurrence giving rise to the claim or suit, after which such claims will be time-barred and prohibited, without regard to any longer period of time which may be provided by any period of limitation or repose by law or statute. This statute of limitations provision does not apply to residents of New Jersey.
Section Titles. The section titles in the Terms are for convenience only and have no legal or contractual effect.
Communications. Users with questions, complaints or claims with respect to the Promotion may contact us using the relevant contact information set forth above.