IMPORTANT NOTICE: PLEASE READ THESE TERMS OF SERVICE CAREFULLY AND IN THEIR ENTIRETY BEFORE USING HOFr, AS THEY CONSTITUTE A LEGALLY BINDING AGREEMENT THAT AFFECTS YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION.
HOFr Inc. together with its subsidiary HOFr Payments Services LLC (collectively, “Company,” “HOFr”, “We,” “Us,” “Our”) provides its services (described below) to you through its websites, including the website located at https://hofr.io (the “Sites”), and through its mobile applications and related services (collectively, such services, including any new features, and the Sites, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”).
In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Services from time to time, including, without limitation, the Privacy Policy and the Official Rules. All such terms are hereby incorporated by reference into these Terms of Service.
The Terms of Service, together with our Privacy Policy (the “Privacy Policy”), the Official Rules for the applicable Contests and promotions (the "Rules"), and any additional terms, addendums, or documents that may be referenced herein and therein, are collectively, the “Agreement”. Your use, or continued use of the Services constitutes acceptance of the Agreement. Do not use the Services if you do not wish to be bound by the Agreement.
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do so, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. You are responsible for regularly reviewing these Terms of Service. In the event we make material changes, we will notify you either through the Services user interface, in an email notification or through other reasonable means. Your continued use of the Services after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
HOFr is a social mobile app made available through the Apple App Store and the Google Play Store. The Services are designed to enable fans of sports events to create and/or enter fantasy sports contests using real money, or consume other content, products, services, and promotion (collectively “the Services”).
You may be required to register an account with HOFr in order to access and use certain features of the Services. If you choose to register an account for the Services, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Services’ registration process. Registration data and certain other information about you are governed by our Privacy Policy. If you are under eighteen (18) years of age, or under the age of majority in your jurisdiction, whichever is older, you are not authorized to use the Services, with or without registering.
HOFr reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that HOFr will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
You acknowledge that HOFr may establish general practices and limits concerning the use of the Services, including without limitation the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be allotted on HOFr’s servers on your behalf. You agree that HOFr has no responsibility or liability, to the extent required by law, for the deletion or failure to store any data or other content maintained or uploaded by the Services. You acknowledge that HOFr reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that HOFr reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
The Services includes certain services that are available via a mobile device, including (i) the ability to upload content to the Services via a mobile device, (ii) the ability to browse the Services and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services''). To the extent you access the Services through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding HOFr and other entities by email, SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your email address, access to your account will be revoked. In order to reactivate your account or avoid deactivation of your account, contact HOFr’s support team at [email protected].
As a general rule, HOFr will establish the jurisdictions in which a user must be located and of which a user must be resident in order to enter any Contests. Eligibility for entry into Contests can vary depending on the game, prize, sport, competition and such other variables as may be determined by HOFr from time to time.
Legal residents physically located in Arizona, Hawaii, Idaho, Montana, Nevada, Washington, Alabama, Connecticut, Delaware, Iowa, Indiana, Louisiana, Maine, Michigan, Mississippi, Missouri, New Hampshire, New Jersey, Ohio, Pennsylvania, Tennessee, and Virginia (the “Ineligible Jurisdictions”) are not eligible to create an account, deposit funds, create and/or participate in fantasy contests offering methods of entry deemed as consideration, win cash or cash equivalent prizes, and withdraw funds.
In order to create an account and play, you must, at the time of the registration, meet all of the following conditions:
Commercial enterprises and business entities are not eligible to create and/or enter Contests. Employees and contractors of HOFr, its affiliates, subsidiaries, advertising and promotional agencies, any other prize sponsor and any entity involved in the development, production, implementation, administration or fulfillment of the Contests, and the immediate family members and persons living in the same household, may not participate in any fan-created Contest with cash or cash equivalent prizes except for purposes of testing the user experience, but may not withdraw money or prizes. Employees and consultants of HOFr, or any other persons connected to the development, production, implementation, administration or fulfillment of the Contests, may not share any non-public confidential information to anyone outside HOFr. Employees and consultants of HOFr who have access to non-public confidential data or any other data not made available to all entrants on the Services or that provides an advantage in their play are also prohibited from participating in daily fantasy Contests on competitors’ websites or applications for cash prizes.
Professional or amateur athletes, non-retired athletes, sports agents, coaches, current team owners, team employees, referees, league officials, league employees, sports commissioners, and any individual who through ownership or employment may influence the gameplays, are ineligible to participate in any Contest in the sport or sports with which they are actively associated or play through another individual as a proxy.
By accessing and using the Services, you are representing and warranting that you meet the foregoing eligibility requirements. HOFr may require you to provide proof of your age, identity and eligibility at any time according to this section and may request specific documentation in order to do so. In the event that HOFr is unable to verify certain information or determines that you fail to meet the foregoing eligibility requirements, it may, at its sole discretion, terminate, suspend, or restrict your account from playing in some or all Contests. Failure to comply with adequate and acceptable proof of eligibility within a reasonable amount of time could result in your account being suspended or terminated and/or any awards earned withheld or revoked.
HOFr is committed to responsible gaming and providing you an enjoyable and positive experience that enhances the way you watch and participate with the sports you enjoy. We offer you tools to promote healthy player behavior and responsibly manage your play. You can learn more about our responsible gaming policy and tools here.
You must register for an account to be eligible to create and/or participate in a Contest. If you do not have an account, you will be prompted to sign up for one before being permitted to enter or participate in any Contest. If you already have an account, you will be prompted to verify your registration data and update any registration information that is inaccurate, not up-to-date or incomplete.
Federal and state laws require us to obtain, verify, and record information that identifies each person who opens an account, and that this information includes your name, address, date of birth and other information that will allow us to identify you.
You agree to ensure that your registration information is maintained and promptly updated to keep it accurate, current, and complete. If your registration information is inaccurate, not up-to-date or incomplete, you will automatically be deemed ineligible to create and/or participate in Contests, deposit funds, win and collect prizes, and HOFr, at its sole discretion, may deny you access to the Services and terminate your account.
Your username must not be offensive, deceive or misinform other users, and may not offend common decency or infringe upon the rights of third parties. HOFr reserves the right to modify your username without prior notice.
You may establish, own, maintain, use and control only one account. As a rule, each Contest entrant is allowed to play under one account. You may not share an account with another person or allow another user to play under your account. If another person accesses your account, you are solely responsible for all of their actions, whether or not their access was authorized by you, and you will be responsible and liable to HOFr for all costs, claims, expenses and damages arising in connection with the use of or access to your account by any third party.
Similarly, you may not create and/or enter a Contest on behalf of someone without an account, or that is ineligible to participate in the Contest. It is at HOFr’s sole discretion and judgment to determine whether multiple accounts belong to the same entrant. If you are found to be participating in the Contests using more than one account, such penalties may include, but are not limited to, terminating your access to the Services and/or disqualification from current and future Contests, refusing award of benefits or prizes and requiring the return of any prizes.
In the event of a dispute regarding the identity of an entrant, the authorized account holder at the time of entry will be deemed to be the entrant. Winners may be required to show proof of identification and/or proof that his/her identification matches the account information associated with the winning entry (both at the time of entry and at the time of verification of a winner).
You acknowledge and agree that you will (i) keep your account secure and confidential and not share it with anyone else; (ii) immediately notify HOFr of any unauthorized use of your username or account or any other breach of security, including by any person who has access to any device on which your account is accessible; and (iii) use only your own username to access the Services. HOFr cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
At the time of registration for an account, you must provide a valid email address and create a username to be used in conjunction with your account. You will be asked to enable an authentication token or mechanism to login. You are responsible for maintaining the confidentiality of your account, and are fully responsible for all uses of your username and account, whether by you or others.
You also acknowledge and agree that HOFr may, but is not obligated to, deny access to an account or block any transaction made through use of your username and account without prior notice if HOFr suspects your username and account are being used by someone other than you, or for any other reason.
In the event you suspect your account is no longer secure and confidential, you should immediately notify HOFr by sending an email to [email protected] whereupon a new username may be selected and allocated and any future transactions under the previous username may be voided, at HOFr’s sole discretion. Without limiting the foregoing, any transactions made and accepted within the Services where your username has been used (and where you have not previously notified HOFr as provided herein) will be treated as valid.
As a result of your account registration, you may receive certain commercial communications from HOFr. You understand and agree that these communications are part of your registration, and that, to the extent required by law, you may opt out of receiving these communications at any time by either using the “unsubscribe” feature in these communications or sending an email to [email protected]. Following such an opt-out, we may still communicate with you via email or push notifications to the extent permitted by applicable law.
We may use your information (both personal and non-personal information) to send you marketing and advertising content, including sending you advertising through multiple channels, such as direct mail, email, push notifications and display media. We may send you advertising or content regarding our products and services, or products and services that we jointly offer with another company, such as a sports team, a sports venue, or any other entity.
You acknowledge, consent and agree that HOFr may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary: (i) to comply with legal process; (ii) to enforce these Terms of Service; (iii) to respond to claims that any content violates the rights of third parties; (iv) to respond to your requests for customer service; or (v) to protect the rights, property, or personal safety of HOFr, its users and the public.
HOFr and its business partners reserve the right to make public statements about the entrants and winner(s), on the Internet, or otherwise, prior to, during, or following any Contest. Entrants agree that HOFr may announce any winner's name on-air or on its website or any other location at any time in connection with the marketing and promotion of HOFr or other Contests or Services operated by HOFr.
By creating and/or entering a Contest, you consent to HOFr’s and its service providers’ and business partners’ use of your name, voice, likeness, and location in connection with the development, production, distribution and/or exploitation (including marketing and promotion) of the selected Contest and/or other Services and HOFr generally, unless otherwise prohibited by law.
Contest winners agree that, from the date of notification of their status as a potential winner, and continuing until such time when notified that they no longer need to do so, they will make themselves available to HOFr for publicity, advertising and promotional activities relating to any Contest in which they participate.
You agree that participation in and (where applicable) the winning of a prize in connection with a Contest constitute complete compensation for your obligations under this section, and you agree not to seek to charge a fee or impose other conditions on the fulfillment of these obligations.
By accessing the Services, you consent to the collection and use of your personal data as described in HOFr’s Privacy Policy. This Privacy Policy should be read in conjunction with these Terms of Service.
You will be able to visit the HOFr App, view the Contests available for entry, and create your own Contests. Some Contests may be free-to-play and other Contests may require an entry fee to participate. Each Contest is governed by Official Rules (the "Rules"). You have the responsibility to know and understand the Rules prior to creating and/or participating in any Contest, and to review the Rules for any changes. You agree to abide by the then-current Rules for the Contest(s) in which you participate.
All Contests are designed as games of skill. Winners for each Contest are determined by the Contest participants using their skill and knowledge of relevant professional sports information and fantasy sports rules to accumulate the most fantasy points as outlined in the Rules. Fantasy points are accumulated through the performance of multiple individual athletes in a minimum of one (1) sporting event.
THE CONTESTS SHALL NOT BE USED FOR ANY FORM OF GAMBLING. They are strictly for entertainment purposes and may be not considered as subject to odds or any type of random selection of winners.HOFr reserves the right to cancel, extend, modify or suspend Contests, in its sole discretion, without any restrictions.
To create a contest, a user must select ‘Create’ on the bottom line navigation in the HOFr app. From there, they can follow the prompts and instructions provided to set the contest terms and craft the question content to complete their submission. The adjustable contest terms include the entry-fee, number of seats, number of questions and prize distribution. The question content involves choosing between twelve (12) different questions types and then editing the sport, match-ups, players and statistics covered. Once the listed requirements for contest creation are met including a minimum of five (5) questions, a user can submit the contest and thus share it to the HOFr homepage where it becomes available for all users (including the contest creator) to participate.
HOFr contests which do not fill the total listed number of seats when the contests lock may be automatically resized to ensure the contest is not canceled. When a contest is automatically resized, the prize pool and prize distribution are automatically adjusted to match the number of entrants. For example, a $1 entry-fee contest is created with 10 seats, a Top 3 prize distribution and a $9 Prize Pool, but when that contest locks only two users have submitted picks. If ‘Auto-resize’ is enabled, that contest will automatically adjust to two seats, winner-take-all and $1.80 Prize.‘Auto resize’ is default enabled for all HOFr contests, but the contest creator can turn off/on the feature using the ‘Auto-resize’ toggle on the contest review screen before submitting the contest to the HOFr homescreen.
No purchase or payment is necessary to participate in free-to-play Contests.The Contests are void where prohibited or restricted by law or where bonding, registration, or other requirements would be required and have not been met, or where the methods of entry set forth below would be deemed consideration. U.S. Federal, state and local laws as applicable in each jurisdiction govern free-to-play Contests.
In order to be eligible to enter a free-to-play Contest, users must register an account and be at least 18 years of age or of the legal age in the jurisdiction in which they reside at the time of account creation.
HOFr may, at its sole discretion, offer free-to-play Contests with cash or cash equivalent prizes including promotional prizes as determined by us. The rules for free-to-play Contests may establish the jurisdictions in which a user must be located and of which a user must be resident in order to participate.
The number of entries allowed per free-to-play Contest is limited to one (1) entry per individual regardless of the number of devices the App has been downloaded on. Should an entrant have submitted more than one entry per Contest by, for instance but not limited to, using multiple accounts, HOFr reserves the right to suspend and/or terminate the account(s) as well as withhold prizes from that entrant.
For each free-to-play Contest, the number of winners, and the prize(s) or rewards will be set forth in the App on the home screen prior to the beginning of the Contest. Within seven (7) days after the end of the applicable Contest, the prizes or rewards for that Contest will be awarded to the winners’ accounts. If a winner cannot be verified pursuant to these Terms or is ineligible, then such winner will be deemed to have forfeited the prize or reward and may be subject to account suspension or termination. Prizes must be claimed in full. No substitution or transfer of prizes or rewards is permitted.
You may be required to pay an entry fee to participate in certain Contests. You may add funds to your account to pay Contest entry fees by any of the methods permitted on the Services. Such funds will be deposited into your account upon actual receipt of the funds by HOFr and/or its agents. Due to administrative costs, the minimum amount you can deposit into your account in any one transaction is ten (10) US dollars. Maximum deposit limits may apply, depending upon state-imposed deposit limits, your history with the Services, the method of deposit, and other factors as determined solely by HOFr. No interest is payable on amounts on deposit in your account. All payments into your account must be from a payment source on which you are the named account holder. It shall be a violation of these Terms for you to submit payment using any payment method that you are not the named account holder. In addition, to be eligible to deposit money into your account and play in Contests that award prizes, you must not be subject to Backup Withholding Tax from the IRS.
By depositing funds, creating and/or entering paid-entry Contests, you agree to provide HOFr with a valid name, mailing address, date of birth, and any other information we may require in order to run appropriate identity checks, comply with applicable rules and regulations, and help the government fight the funding of terrorism and money laundering activities. If necessary, you may be required to provide appropriate documentation that allows HOFr to verify you, e.g. valid driver’s license, proof of residence or government identification number. While your account is pending verification, you may be able to deposit funds into your account and participate in paid-entry Contests, but you will not be able to create contests, withdraw any funds from your account until verification is complete. If HOFr is unable to verify you, it reserves the right to suspend your account and withhold any funds until such time as it has been able to successfully verify you.
All deposits and withdrawals will be denominated in U.S. dollars unless otherwise expressly stated. If you make a deposit that is denominated in a currency other than U.S. dollars, please be aware that the funds will be converted into U.S. dollars by our Payment Processors (as defined below) or your financial institution and you may be charged a service fee for such conversion. Please also be aware that our Payment Processors and/or your financial institution may use different conversion rates for deposit and withdrawal transactions and such conversion rates are not under HOFr’s control.
Your deposits and winnings will be added to your HOFr account balance, and such funds will be held in a separate, segregated bank account by HOFr. These funds belong to you, subject to review for evidence of fraud, verification or other prohibited conduct as described in these Terms of Service. HOFr may not use them to cover its operating expenses or for other purposes. Your withdrawals will be made from this segregated bank account, and payments issued from that account may bear the name of HOFr Payment Services LLC.
You agree that the sole and specific purpose of depositing funds is to create and/or participate in paid-entry Contests. Your account shall be suspended, limited or terminated if HOFr determines, in its sole discretion, that you are without the intention of using them in paid-entry Contests. In such circumstances, HOFr may also report such activity to relevant authorities.
Players who believe that their accounts have been misallocated, compromised or otherwise mishandled, may register a complaint with HOFr by emailing [email protected] or in writing to HOFr Inc, 590 Madison Ave, 21st Floor, New York, NY 10022. HOFr shall use its best efforts to acknowledge receipt of such complaints and respond to them within ten (10) business days.
HOFr uses third-party electronic payment processors ("Payment Processors") to process deposits and/or payments for the Services. Our Privacy Policy describes in further detail what information HOFr provides and receives from these Payment Processors and the manner in which such information is used and disclosed. By using the Services, you irrevocably authorize HOFr, as necessary, to instruct its Payment Processors to handle payments on your behalf in accordance with your requests. You agree to be bound by the terms and conditions of each applicable Payment Processor, and in the event of a conflict between these Terms of Service and the Payment Processors' terms and conditions, these Terms of Service shall prevail. You further agree that HOFr is not liable for any loss caused by any unauthorized use of your credit card or other method of payment by a third party in connection with your use of the Services, except as a result of the gross negligence of HOFr or its employees.
You may withdraw cash prize winnings (excluding bonuses and promotions) once funds have settled into your account. Due to administrative costs, the minimum withdrawal amount is ten (10) US dollars, unless you are closing your account. Account holders with pending deposits must wait until those funds clear before requesting a withdrawal. Any withdrawals are delivered via the withdrawal method you will select. Fund withdrawals are processed immediately but might take up to seven (7) business days to be received. If you do not receive your withdrawal of funds after seven (7) business days, please contact our customer service at [email protected]. HOFr reserves the right to suspend your account and/or withhold your withdrawal of any funds pending completion of any investigation of reported or suspected abuse.
Any amounts that are mistakenly credited as winnings to your account remain HOFr’s property and will automatically be transferred from your account upon confirmation of the error. Any winnings mistakenly credited to your account that have been withdrawn by you before confirmation of the error will constitute a debt owed by you to HOFr in the amount of such wrongfully attributed winnings.
HOFr may conduct account verifications for compliance with these Terms of Service, including anti-fraud verification on playing patterns and deposits prior to processing a withdrawal. HOFr also reserves the right to require proof of identity, to verify age and/or identity, prior to processing a withdrawal. Withdrawal payments will not be processed until such verification is complete. If the requested additional information for verification is not received within ten (10) business days, the withdrawal request will be canceled and the account suspended. If your account is revoked for a violation of these Terms of Service, HOFr reserves the right to determine whether to declare as void any transaction placed by you. If a prize has been awarded to an account revoked due a violation of the Terms of Service, HOFr may withhold the prize or revoke the awarding of any prizes associated with such account. In this event, HOFr may pay out any withheld or revoked prizes to the other entrants in the relevant Contest(s).
Subject to account verification, you may close your account and withdraw your deposits and/or winnings at any time and for any reason.
HOFr may award bonuses and promotions to users that participate in free-to-play Contests, deposit money into their account, and for other marketing purposes. You may not withdraw any cash bonuses and promotions you receive from your HOFr account. Any attempted abuse of bonuses is prohibited, and may result in the loss of bonuses, cancellation of winnings and the suspension of an account.Abuse of bonuses includes, but is not limited to, i) making a cash deposit to your account, receiving a bonus, then withdrawing the cash deposit; ii) receiving a bonus and intentionally transferring such bonus to another account set up by you or another individual iii) claiming a 'new registration bonus' that is reserved only for new entrants who do not already have a HOFr account, despite you have already previously registered for an account.HOFr may remove any bonus that remains in an account 30 days after it was initially credited and not used to participate in Contest(s).
Referral Program
HOFr’s referral program allows all eligible participants to receive rewards for players they refer to the HOFr app. All eligible HOFr players are qualified for the referral program, except in cases their account has been suspended from HOFr or from participating in the referral program.
HOFr eligible participants ("referrers") are able to refer new users ("referrals") to make a first time deposit on HOFr.
Referrals are individuals other than the referrers who are new to HOFr, create a new HOFr account by clicking the referring user’s unique promotional referral link, successfully verify their identity, deposit at least ten dollars ($10) into their account, and play at least one HOFr Contest.
HOFr participants who refer a friend will receive ten HOFr Coins (10 HC) once to use for play in HOFr contests for each referral supplied. Referrers will be given the 10 HC credit at the time that each referral makes their deposit.
In addition, each referral will receive ten HOFr Coins (10 HC) once to use for play in HOFr contests. The rewards are exclusively intended for use in HOFr contests. Participants must play through first-time deposits before withdrawal. Rewards will expire 30 days from issue date and any unused reward bonus may be removed from the participants’ accounts. Both referrers and referrals must have active and registered accounts at the time of the credit of the reward bonus.
If HOFr determines, in its sole discretion, that there was any suspicious activity or attempt to defraud this program, HOFr may withhold the 10 HC credit from the suspected referrer and/or referral.
From time to time, HOFr may make changes to its program. HOFr reserves the right to make changes to the referral program (including terminating the program entirely) at any time without notice. HOFr will notify participants in the referral program about changes to the program in advance of implementing those changes.
Each Contest that is not free-to-play has an entry fee listed in US dollars. The entry fee may vary from Contest to Contest. When you choose to create or enter a real money Contest and complete the creation or entry process, the respective entry fee amount will be debited from your account. All payments are final. Unless otherwise expressly noted, no refunds will be issued.
In the event of a dispute regarding the identity of the person submitting an entry into a Contest, 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, the name in which the email address on file was registered with the email service provider. HOFr reserves the right not to award a prize to an individual who did not submit the requisite entry.
Prizes are only awarded if a Contest is run. HOFr reserves the right to cancel Contests at any time. In the event of cancellation, all entry fees will be credited back to the players’ accounts.
All ‘live’ statistics and other information provided through the Services and related information sources are unofficial. Live sports statistics and their respective components are offered for informational and/or entertainment purposes only and are not used to determine the results of our Contests. While HOFr and the third parties used to provide the Services use reasonable efforts to include accurate and up-to-date information, neither HOFr nor its third-party providers warrant or make any representations of any kind with respect to the information provided through the Services and related information sources. HOFr and its third-party providers shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available via the Services and related information sources, and shall not be responsible or liable for any error or omissions in that information.
The results and winners of each Contest will be determined at HOFr’s sole discretion and such determinations are final. Contest winners are determined using the criteria set forth in the rules for each Contest, and through the highest amount of Contest points accumulated from the statistical results of the performance of individual athletes in sporting events. No Contests are based solely on the score, point spread, or any performance(s) of any single real-world team or any combination of such teams, or solely on any single performance of an individual athlete in any single real-world sporting or other event.
Once winners are announced and prizes are awarded, the scoring results will not be changed regardless of any official adjustments made by sports leagues. However, HOFr reserves the right to make adjustments as they see fit based on errors or irregularities in the transmission of the results information or in the calculation of the results.
By registering an account, creating and/or entering any Contest, you agree to be bound by the foregoing determinations.
All prizes offered are established and made known to entrants in advance of a Contest and the value of prizes are not subject to change dependent on the number of entrants or the amount of any fees paid by those entrants.
Potential winners are announced at the conclusion of each Contest, generally by the following day, and subject to verification, such as, but not limited to, compliance with eligibility requirements and applicable rules.
Prizes won are added to the winners’ account balance. In the event of a tie, prizes will be evenly distributed to the tied participants.
No substitution or transfer of prizes are permitted.
You remain solely responsible for filing and paying all federal and other applicable taxes associated with any prize received in accordance with the laws that apply in your state, province, and/or country of residence.
In compliance with the United States’ Internal Revenue Service regulations, all winners who have won in excess of $600 or more (winnings less entry fees) during any given year will receive an IRS Form 1099-MISC or other appropriate form. HOFr reserves the right to terminate your account and/or withhold the withdrawal of any funds pending reception of the required form(s). If, at the conclusion of any given calendar year, your net winnings exceed $600, HOFr will complete and file a 1099-MISC form with the Internal Revenue Service as required by law.
HOFr, in its sole discretion, may disqualify you from a Contest or the Services, refuse to award points, bonuses, rewards or prizes and require the return of any prizes, or suspend, limit, or terminate your account if you engage in conduct HOFr deems, in its sole discretion, to be improper, unfair, fraudulent or otherwise adverse to the operation of the Services or in any way detrimental to other users.
Improper, unfair, fraudulent or adverse conduct includes, but is not limited to:
You acknowledge that the revoking and/or return of any prize shall in no way prevent HOFr from informing the relevant authorities, and/or pursuing criminal or civil proceedings in connection with such conduct.
As a general rule, HOFr reserves the right to cancel, extend, modify or suspend Contests, in its sole discretion, without any restrictions. In the event that a paid-entry Contest is canceled, postponed, or interrupted for any reason, entry fees will be refunded to the players’ accounts.
If for any reason the Services are not running as originally planned, e.g. if the Services becomes corrupted or do not allow the proper usage and processing of entries in accordance with the Rules, or if infection by a computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in the sole opinion of HOFr corrupts or affects the administration, security, fairness, integrity or proper conduct of the Services, HOFr reserves the right, in its sole discretion, to disqualify any individual implicated in or relating to the cause and/or to cancel, terminate, extend, modify or suspend the Services, and select the winner(s) from all eligible entries received. If such cancellation, termination, modification or suspension occurs, entrants may be notified either through the Services user interface, in an email notification or through other reasonable means.
In the event HOFr is prevented from running a Contest or the integrity and/or feasibility of a Contest is severely undermined by any event beyond the control of HOFr, including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within the control of HOFr, HOFr reserves the right at its sole discretion to cancel, terminate, modify, or suspend a Contest without any further obligation.
You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Services. The following are examples of the kind of content and/or use that is illegal or prohibited by HOFr. HOFr reserves the right to investigate and take appropriate legal action against anyone who, in HOFr’s sole discretion, violates this provision, including without limitation, removing the offending content from the Services, suspending or terminating the account of such violators and reporting you to the law enforcement authorities.
As a condition of use, you agree to not use the Services for any unlawful purpose or for any purpose that is prohibited by these Terms of Service. By way of example, and not as a limitation, you agree not to:
Special Notice for International Use; Export Controls: Software available in connection with the Services and the transmission of applicable data, if any, is subject to United States export controls. No software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using any software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Services, including as it concerns online conduct and acceptable content.
Commercial Use: Unless otherwise expressly authorized herein or in the Services, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Services, use of the Services, or access to the Services. The Services are for your personal use.
As part of the Services, HOFr may offer mobile applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”, and such apps, “Apple-Enabled Software”) or third parties that operate using the Android operating system, which is owned by Google Inc. (“Google” which, together with Apple, is referred to herein as the “Marketplace Provider”; such software together with the Apple-Enabled Software, the “Marketplace-Enabled Software”). With respect to the Marketplace-Enabled Software, in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:
The Google Play marketplace is owned and operated by Google. Your use of Google Play is governed by a legal agreement between you and Google consisting of the Google Terms of Service (found at https://policies.google.com/terms) and the Google Play Terms of Service (found at https://play.google.com/about/play-terms). In addition, your use of Google Play is subject to the Google Play Business and Program Policies (https://support.google.com/googleplay/android-developer). The Google Play Market Terms of Service, Google Play Business and Program Policies, and Google Terms of Service will take precedence in that order in the event of a conflict between them, to the extent of such conflict.
Overview of End User License Agreement: You acknowledge that by downloading, installing, or using any Marketplace-Enabled Software, you agree to be bound by the terms and conditions of these Terms of Service. If you do not agree to the terms and conditions set forth herein, do not check the box accepting and agreeing to be bound by these Terms of Service and do not use the Marketplace-Enabled Software. You agree that the installation or use of the Marketplace-Enabled Software signifies that you have read, understood, and agree to be bound by the terms contained herein.
Description of Marketplace-Enabled Software: The Marketplace-Enabled Software is a downloadable software application that enables you to access the Services directly from your Android, iPhone, iPad or other mobile device supported by HOFr (each, a “Device”). Upon downloading the Marketplace-Enabled Software, you must provide certain information, which may include personal information such as a mobile telephone number, e-mail address, name, birth date, gender, country of residence and/or other information about you, and you may be required to verify such information to enable functionality of the Market-Enabled Software.
License: Subject to the terms and conditions of these Terms of Service, HOFr hereby grants to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable, personal license to:
For clarity, the foregoing is not intended to prohibit you from installing and backing up the Marketplace-Enabled Software for another Device on which you also agreed to these Terms of Service. Each instance of these Terms of Service that you agree to grants you the aforementioned rights in connection with the installation, use and back-up of one copy of the Marketplace-Enabled Software on one Device.
Restrictions on Use: You understand and agree that you shall only use the Marketplace-Enabled Software in a manner that complies with any and all applicable laws in the jurisdictions in which you use the Marketplace-Enabled Software. Your use shall be in accordance with applicable restrictions concerning privacy and intellectual property rights contained herein.
Service Content, Software and Trademarks: You acknowledge and agree that the Services may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by HOFr, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Services. In connection with your use of the Services you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by HOFr from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of HOFr, our affiliates and our partners (the “Software”). You agree not to (or attempt to) copy or reproduce, modify, translate, decompile, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. You agree not to remove or alter any proprietary notices or marks on Software. Any rights not expressly granted herein are reserved by HOFr.
HOFr name and logos are trademarks and service marks of HOFr (collectively the “HOFr Trademarks”). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to HOFr. Nothing in these Terms of Service or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of HOFr Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of HOFr Trademarks will inure to our exclusive benefit.
Title: Title, ownership and all rights (including, without limitation, all intellectual property rights) in and to the Services shall remain with HOFr. Except for those rights expressly granted in these Terms of Service, no other rights are granted, whether express or implied.
Third Party Material: Under no circumstances will HOFr be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that HOFr does not pre-screen content, but that HOFr and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Services. Without limiting the foregoing, HOFr and its designees will have the right to remove any content that violates these Terms of Service or is deemed by HOFr, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
User Content Transmitted Through the Services: With respect to the content or other materials you upload through the Services or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. You may not submit or upload User Content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law.
By uploading any User Content you hereby grant and will grant HOFr and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Services, including the administration of any challenge, and/or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services (“Submissions”), provided by you to HOFr are non-confidential and HOFr will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.You acknowledge and agree that HOFr may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of HOFr, its users and the public. You understand that the technical processing and transmission of the Services, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
HOFr respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify HOFr of your infringement claim in accordance with the procedure set forth below.
HOFr will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to HOFr’s copyright agent [email protected] (Subject line: “DMCA Takedown Request”). You may also contact us by mail at HOFr Inc, 590 Madison Ave, 21st Floor, New York, NY 10022.
To be effective, the notification must be in writing and contain the following information:
Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the copyright agent:
If a counter-notice is received by the copyright agent, HOFr will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, HOFr has adopted a policy of terminating, in appropriate circumstances and at HOFr ‘s sole discretion, users who are deemed to be repeat infringers. HOFr may also at its sole discretion limit access to the Services and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
The Services may provide, or third parties may provide, links or other access to other sites and resources on the Internet. HOFr has no control over such sites and resources and HOFr is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that HOFr will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Services are between you and the third party, and you agree that HOFr is not liable for any loss or claim that you may have against any such third party.
You agree to release, indemnify and hold HOFr and its affiliates and their officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any User Content, your connection to the Services, your violation of these Terms of Service or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such Indemnitee. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HOFr EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO YOU. HOFr MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) ANY DEFECTS OR ERRORS WILL BE CORRECTED, (IV) THE SERVICES WILL BE FULLY COMPATIBLE WITH ANY PARTICULAR PLATFORM, (IV) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (V) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
Entry Errors: HOFr, Sports Organizations, Entertainment Organizations, Apple Inc., Google, Inc., Payment Processors, and their respective agents, directors, officers, shareholders, employees, insurers, servants, parents, subsidiaries, divisions, affiliates, predecessors, successors, representatives, advertising, promotion and fulfillment agencies and legal advisors (collectively, the “Released Entities”) are not responsible for, shall not be liable for and hereby disclaim all liability arising from or relating to: (i) late, lost, stolen, delayed, damaged, misdirected, stolen, invalid, misaddressed, incomplete or unintelligible entries; (ii) unavailability of or interruptions to any service or equipment used in connection with the Contests, including without limitation (A) interruptions to any network, server, Internet, website, telephone, satellite, computer or other connections, (B) failures of any telephone, satellite, hardware, software or other equipment, (C) garbled, misdirected or jumbled transmissions, or traffic congestion, (D) other errors of any kind, whether human, technical, mechanical or electronic; (iii) any condition caused by events beyond the control of the applicable Released Entity; (iv) any injuries, losses or damages of any kind arising in connection with or as a result of any of the prizes, or acceptance, possession or use of any of the prizes, or from participation in the Contests; (v) the incorrect or inaccurate capture of entry or other information or the failure to capture any such information; or (vi) any printing or typographical errors in any materials associated with the Contests.
Liability Arising From the Contests and Prizes: The Released Entities do not make any representation, warranty or guarantee, express or implied, relating to the Contests or prizes, and are not responsible for: (i) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment, hardware, software or programming associated or used with the Contests; (ii) technical errors, defects, delays or failures of any kind, including without limitation malfunctions, interruptions or disconnections in communications lines, Internet or website access, hardware or software; (iii) digital or electronic disruptions, e.g., viruses; (iv) unauthorized human intervention, e.g., hacking; (v) technical or human error which may occur in connection with any aspect of the Contests; and (vi) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contests, access to, copying or downloading materials from https://hofrsports.com, the App or any other website, or receipt or use of any prize.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT HOFr WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HOFr HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT WILL HOFr’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
Agreement to Arbitrate: This Dispute Resolution by Binding Arbitration section is referred to in these Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and HOFr, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms of Service, you and HOFr are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS AND NON-INDIVIDUALIZED RELIEF:YOU AND HOFr AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND HOFr AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
Pre-Arbitration Dispute Resolution: HOFr is always interested in resolving disputes amicably and efficiently, and most user concerns can be resolved quickly and to the user’s satisfaction by emailing our support team at [email protected]. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to HOFr should be sent to HOFr Inc, 590 Madison Ave, 21st Floor, New York, NY 10022 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If HOFr and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or HOFr may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by HOFr or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or HOFr is entitled.
Arbitration Procedures: Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, https://www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless HOFr and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, HOFr agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
Costs of Arbitration: Payment of all filing, administration and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided herein. Any payment of attorneys’ fees will be governed by the AAA Rules.
Confidentiality: All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
Severability: If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of the Terms of Service will continue to apply.
Future Changes to Arbitration Agreement: Notwithstanding any provision in these Terms of Service to the contrary, HOFr agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending HOFr written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
You agree that HOFr, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services and remove and discard any content within the Services, for any reason, including, without limitation, for lack of use or if HOFr believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Services, may be referred to appropriate law enforcement authorities. HOFr may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that HOFr may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Further, you agree that HOFr will not be liable to you or any third party for any termination of your access to the Services.
You agree that you are solely responsible for your interactions with any other user in connection with the Services and HOFr will have no liability or responsibility with respect thereto. HOFr reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Services.
These Terms of Service constitute the entire agreement between you and HOFr and govern your use of the Services, superseding any prior agreements between you and HOFr with respect to the Services and/or Software. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms of Service will be governed by the laws of the State of Delaware without regard to any conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and HOFr agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in New York, New York. The failure of HOFr to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of these Terms of Service and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of HOFr, but HOFr may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Services may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Services.
By using the Services and by entering the Contests, you agree to HOFr’s collection and use of your personal data as described in these Terms of Service and/or HOFr’s Privacy Policy.
HOFr utilizes Sportradar to provide statistics for most Contests.
The following outlines an implicit agreement between Service Provider and you, the user of its services. Service Provider provides customer compliance & validation services (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 the Service Provider’s website. Service Provider reserves the right to update and change the Terms of Service by posting updates and changes to the Service Provider website. When returning to a merchant website that utilizes the Service Provider Service or logging into your account you will be alerted in the event if the Terms of Service have changed.
The Service Provider services (the “Service”) transmits necessary identity authentication and location information, as required by the HOFr app. By enrolling in the Service, you are agreeing to have your location (including your cell phone, and mobile device 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 HOFr app and services that are being accessed, as both required by law, and the terms and conditions set forth herein.
Your data will be used by the Merchant and Service Providers in order to execute the functions of the Service. Data provided by you and/or Merchant, as well as any data collected in the functions of the Service may be shared with third-party partners as part of the Service. 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 Service Provider in the performance of its service; specific data connected with financial transactions between you and Merchant is not shared with any other party unless stated. This data may be used by the Service Provider in any capacity applicable to updating and enhancing the profile of the End User.
By using the services, you consent to Service Provider’s privacy policy, as the same may be modified from time to time. To review the current Service Provider Privacy Policy, this policy can be found here. In the case of changes to Service Provider’s privacy policy, such changes will be made available via its website privacy policy section located here or in the HOFr App.
Service Provider 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.
By using the Service, you consent to receive communications from the Service Provider or its Partners, including (a) notices, (b) agreements, (c) legally required disclosures (d) industry related offers from the Merchant, Service provider, partners and/or affiliates, and (e) other information in connection with the End User data profile and use of the Service. Electronic communication including, without limitation, via text message or e-mail may be sent and may incur a fee to the End User via their service provider. 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.
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 [email protected].
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.
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”) BE LIABLE 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 THE CONTENT; (F) ANY LOSSES OR LIABILITIES WHICH RESULT FROM YOUR OR ANYONE ELSE’S USE OF 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 BY APPLICABLE 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 Service Provider 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 Released Party (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.
This Agreement shall be governed by and construed in accordance with the laws of of the State of Delaware without regard to its conflict of law provisions and you expressly agrees that exclusive jurisdiction for any claim or dispute with Service Provider relating in any way to the Service and its related content and further agrees and expressly consents to the exercise of personal jurisdiction in the federal or state courts of Houston, Harris County, Texas in connection with any such dispute or claim. This Agreement (including the Service Provider Privacy Policy) contains the entire agreement and understanding of the parties with respect to the subject matter hereof, and supersedes all prior written and oral understandings of the parties with respect to the subject matter hereof. If, for any reason, any provision of this Agreement is held invalid or otherwise unenforceable, such invalidity or unenforceability shall not affect the remainder of the Agreement, and this Agreement shall continue in full force and effect to the fullest extent allowed by law.
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.
For support, you may contact Service Provider’s customer support desk:
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 you.
For help, you should email [email protected] or call support desk at 1-888-669-2022 from 9am to 5pm PST (Monday through Friday).
You may choose to opt out of Service Provider’s ability to provide service for any of the processes above by emailing [email protected] or calling customer support desk at 1-888-669-2022 from 9am to 5pm PST (Monday through Friday).
Upon registering an account with one of our related third-party merchant sites, you may also be required to register a customer account with 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:
This service is not available to customers within the following ineligible U.S. jurisdictions: Arizona, Hawaii, Idaho, Montana, Nevada, Washington, Alabama, Connecticut, Delaware, Iowa, Indiana, Maine, Louisiana, Michigan, Mississippi, Missouri, New Hampshire, New Jersey, Ohio, Pennsylvania, Tennessee, and Virginia.
Service Provider 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 supersede all previous versions of this Agreement. You are responsible for remaining knowledgeable as to any changes that Service Provider may make to Agreement by periodically checking for updated versions of this Agreement when accessing or using the Service.
HOFr’s address is 590 Madison Ave, 21st Floor, New York, NY 10022.
Copyright © 2021 HOFr Inc. All rights reserved.
Apple Inc., Google, Inc. and PayPal, Inc. and each of their respective subsidiaries and affiliated companies, are not endorsing, sponsoring, or otherwise affiliated with the Challenges in any manner.
Any professional sports teams, leagues and/or organizations’ (“Sports Organizations”) respective trademarks and services are proprietary to the applicable Sports Organization. Any other entertainment network, television or other company that broadcasts live events or other programming (“Entertainment Organizations”) respective trademarks and services are proprietary to the applicable Entertainment Organization. All rights reserved. PayPal, Inc. and affiliated entities (“PayPal”) trademarks and services are proprietary to PayPal. All rights reserved. Any other trademarks in these Rules are the properties of their respective owners.
HOFr IS NOT ASSOCIATED OR AFFILIATED WITH, AND THE CONTESTS ARE NOT ENDORSED BY, ASSOCIATED WITH, SPONSORED OR ADMINISTERED BY, NFL, ANY OTHER FOOTBALL ORGANIZATIONS, SPORTS ORGANIZATIONS, ENTERTAINMENT ORGANIZATIONS OR PAYMENT PROCESSORS.
