Splash Sports Terms of Use
Version 12
IMPORTANT NOTICES: These Terms of Use have been updated as of November 6, 2025 and shall supersede and replace all prior Terms of Use.
These Terms of Use (“the Terms” or “Terms of Use”) and the Arbitration Agreement (see Section 25) form binding agreements between you (“You,” or “User,”) and Certamen Games, LLC d/b/a Splash Sports (“Splash Sports,” the “Company,” “Us, or “We”) which provide all of the terms and conditions governing your access and use of SplashSports.com and any related applications, including all of the text, images, audio, code and other material they contain or provide (collectively, the “Website,” “Site,” or “Platform”) as well as your creation of your Splash Sports user account, use of the games, promotions or contests (collectively or individually, “Contest(s)” or “Game(s)”) on the Site, and any transactions or dealings with Us in any way (collectively, the “Service”).
THESE TERMS OF USE INCLUDE AN ARBITRATION AND CLASS ACTION WAIVER AGREEMENT WHICH REQUIRES THAT ANY PAST, PENDING, OR FUTURE DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS ONLY AND FOR YOUR OWN LOSSES ONLY. YOU MAY NOT PROCEED AS A CLASS REPRESENTATIVE, MEMBER OR PART OF ANY PROPOSED CLASS, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL SUIT, QUI TAM ACTION OR ANY REPRESENTATIVE PROCEEDING, OR OTHERWISE SEEK TO RECOVER ON BEHALF OF OTHERS OR FOR THE BENEFIT OF OTHERS IN ANY TYPE OF CLAIM OR ACTION. ARBITRATION MEANS YOU WILL NOT BE ABLE TO SEEK DAMAGES IN COURT OR PRESENT YOUR CASE TO A JURY, UNLESS OTHERWISE PERMITTED BY THESE TERMS.
OPT-OUT. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION ON A RETROACTIVE BASIS AND AS TO ANY FUTURE CLAIMS, AND YOU HAVE NOT PREVIOUSLY AGREED TO AN ARBITRATION PROVISION WITH US IN CONNECTION WITH YOUR USE OF OUR SERVICES, YOU MAY OPT OUT OF THE ARBITRATION AGREEMENT WITHIN THIRTY (30) DAYS OF ENTERING THIS AGREEMENT BY FOLLOWING THE INSTRUCTIONS PROVIDED IN THE “BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER” – SEE SECTION 24 OF THESE TERMS, BELOW. OPT‑OUT REQUESTS SENT AFTER THE THIRTY (30) DAY PERIOD SHALL BE NULL AND VOID. EVEN IF YOU OPT OUT OF THE ARBITRATION AGREEMENT IN SECTION 24, ALL OTHER REMAINING SECTIONS OF THESE TERMS APPLY.
PLEASE READ THE FOLLOWING TERMS OF USE, THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER (SEE SECTIONS 25 THROUGH 25.12 BELOW), THE PRIVACY POLICY AND RESPECTIVE SPLASH SPORTS CONTEST RULES CAREFULLY BEFORE USING THE SERVICES OFFERED IN CONNECTION WITH ANY SPLASH SPORTS SERVICES, WEBSITE OR APPLICATION. YOU AGREE THAT YOUR CONTINUED USE OR ACCESS OF THE SITE OR SERVICES SHALL BE SUBJECT TO THESE TERMS OF USE, WHICH FURTHER INCORPORATE AND INCLUDE THE PRIVACY POLICY, AND RESPECTIVE SPLASH SPORTS CONTEST RULES (COLLECTIVELY, “INCORPORATED POLICIES”).
1. Acceptance of terms
Subject to additional eligibility criteria set forth in these Terms, individuals located in the United States or Canada are eligible to use or access the Service. By using or otherwise accessing the Service, or clicking to accept or agree to these Terms where that option is made available, you (1) accept and agree to these Terms and any additional Contest Rules that are appliable to the Service you are using or accessing (2) consent to the collection, use, disclosure and other handling of information as described in our Privacy Policy (3) consent to the collection and screening of your information against any restricted persons watchlists (including sanctions and Politically Exposed Persons) and (4) consent to any additional terms, rules and conditions of participation in particular contests issued by Splash Sports from time to time. IF YOU DO NOT AGREE TO THE TERMS, THEN YOU MAY NOT ACCESS OR USE THE SITE, CONTENT OR SERVICES. These Terms constitute a legal agreement between you and Splash Sports, and shall apply to your use of the Site and the Services even after termination.
Splash Sports may issue additional terms, rules and conditions of participation in particular contests. For example, Splash Sports may issue conditions as required by various federal, state and local laws, rules and regulations, which may impact your experience or participation on the Service. You agree to be subject to those additional rules if you participate in such contests.
You agree to fully comply with all applicable federal, state and local laws, rules and regulations in connection with your use of the Service, including but not limited to state laws involving the regulation of charitable fundraising and commercial co-ventures.
2. Modification of Terms of Use
Splash Sports reserves the right, at its sole discretion, to modify or replace the Terms of Use, including the Incorporated Policies, at any time. The most current version of these Terms will be posted on our Site. You shall be responsible for reviewing and becoming familiar with any such modifications. If a revision to the Terms or Incorporated Policies, in our sole discretion, is material, we will notify you by contacting you through the email address associated with your User Account. Use of the Services by you after any modification to the Terms constitutes your acceptance of the Terms of Use as modified.
3. Eligibility
By accepting these Terms, you represent and warrant that you have the right, authority, and capacity to accept these Terms and to abide by them, that you are of legal age and that you have fully read and understood the Terms. You must read these Terms carefully in their entirety before checking the box for acceptance of these Terms. By using, or otherwise accessing the Service, or clicking to accept or agree where that option is made available, you confirm that you have read and agree to these Terms. All of your activity on the Platform and all or your transactions with Splash Sports, including all events which occurred before your acceptance of these Terms, shall be subject to these Terms.
Without limiting the generality of the foregoing, by depositing money or using or accessing the Service, you are representing and warranting that you are:
If Splash Sports determines that you do not meet the eligibility requirements of this section, then you are not authorized to use the Service. Splash Sports may require you to provide proof that you are eligible to participate according to this section prior to receiving a prize. This includes by requesting that you fill out an affidavit of eligibility or other verification information (as discussed in Section 7 below). If Splash Sports otherwise determines that you do not meet the eligibility requirements of this section, in addition to any rights that Splash Sports may have in law or equity, Splash Sports reserves the right to terminate your account, withhold or revoke the awarding of any prizes associated with your account or limit your ability to withdraw. In such a situation, Splash Sports may pay out any withheld or revoked prizes to the other entrants in the relevant contest in a manner consistent with the prize structure of the contest, to be precisely determined by Splash Sports in its sole discretion. Splash Sports also reserves the right to withhold revoked prizes to use in furtherance of its fraud prevention or anti-money laundering efforts. Splash Sports employees may use the Service for the purpose of testing the user experience, but may not withdraw money or prizes except when playing a draft fantasy Contest in a private league. Relatives of Splash Sports employees with whom they share a household are not eligible to participate in paid Games or Contests unless they are private Games or Contests with other Splash Sports employees or household members. Splash Sports consultants and promoters of the Service may play Games or Contests without such limitation, but only if (i) their arrangement with Splash Sports does not permit them to have any access to non-public Service data or any other data not made available to all players on the Service and (ii) they do not receive any other advantages in their play on the Service.
Splash Sports makes no representation that use of access of the Service is lawful in the jurisdiction in which you are located. You understand and accept that we are unable to provide you with any legal advice or assurances and that it is your sole responsibility to ensure that at all times you comply with the laws that govern you and that you have the complete legal right to use the Service.
Employees or operators of other daily fantasy sites that charge entry fees or offer cash prizes, including but not limited to Splash Sports, DraftKings, Splash Sports, Prize Picks, FanTrax, Owners Box, and FanDuel, and individuals who, by virtue of affiliation with another daily fantasy site, have access to the site’s pre-release non-public confidential data about game-related information may not enter any daily fantasy Contests in which a real money prize is awarded. If such person enters a Splash Sports daily fantasy Contest that awards prizes, Splash Sports will disqualify the entry, will not award a prize, and may report such person’s violation of this provision to their employer or affiliate daily fantasy site. Additionally, Splash Sports may maintain information about the person sufficient to assist Splash Sports in blocking the user from entering future Splash Sports daily fantasy Contests or playing other Games or Contests on the Service, unless and until Splash Sports determines, in its sole discretion, that the user is no longer an employee or operator of another daily fantasy site or no longer has access to pre-release non-public confidential data about game-related information by virtue of affiliation with a daily fantasy site.
Athletes, coaches and other team management, team support personnel (e.g., without limitation, team physicians) and team owners may not participate in any Splash Sports daily fantasy Contests in the sport or sports with which they’re associated. Team owners, referees, league employees, sports commissioners and other individuals who, through an ownership interest or game-related employment, can influence the gameplay are likewise ineligible.
Splash Sports offers proactive tools and support meant to encourage healthy player behavior and deliver positive player experiences. We also allow qualified third parties, who have concerns about a player’s ability to manage their play, to request a limitation on that player’s use of Splash Sports. You can learn more about our responsible play policies and tools here.
4. Game of Skill
Splash Sports Contests and Games are games of skill. Winners are determined by the objective criteria stated in each Contest’s rules. For each Contest, winners are determined by the entrants’ use of their skill and/or knowledge. Splash Sports’ contests may not be used for any form of illicit gambling.
5. Registration
In order to participate in a Contest or play a Game on the Service, you must register for an account. By registering as a user of the Service, you agree to provide accurate, current and complete information about yourself as prompted (such information being the “Registration Data”) and maintain and promptly update the Registration Data to keep it accurate, current and complete. If you provide any information that is inaccurate, not current or incomplete, or Splash Sports has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, Splash Sports may deny you access to areas requiring registration, or terminate your account, at its sole discretion.
5.1 One Account Per User
You may establish, maintain, use and control only one account on the Service. Each account on the Service may only be owned, maintained, used and controlled by one individual. For avoidance of doubt, users may not “co-own” accounts on the Service. In the event Splash Sports determines that you have opened, maintained, used or controlled more than one account, in addition to any other rights that Splash Sports may have, Splash Sports reserves the right to suspend or terminate any or all of your accounts and terminate, withhold or revoke the awarding of any prizes.
You agree that the sole and specific purpose of creating an account on Splash Sports is to access and use the Service. Splash Sports shall be entitled to suspend, limit or terminate your account if we determine, in our sole discretion, that you are depositing funds without the intention of using them in Contests or Games on the Service. In such circumstances, we may also report such activity to relevant authorities.
5.2 Account Password and Security
At the time of registration for online account access, you must provide a valid email address and supply a Username and Password to be used in conjunction with your account. You may not use a Username that promotes a commercial venture or a Username that Splash Sports in its sole discretion deems offensive. Many portions of the Service require registration for access (the “Restricted Areas”). You are responsible for maintaining the confidentiality of Password, and are fully responsible for all uses of your Username and Password, whether by you or others. You agree to (a) never to use the same Password for the Service that you use or have ever used outside of the Service; (b) keep your Username and Password confidential and not share them with anyone else; (c) immediately notify Splash Sports of any unauthorized use of your Username and Password or account or any other breach of security; and (d) use only your own Username and Password to access the Service’s Restricted Areas. Splash Sports cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
You acknowledge and agree that Splash Sports is authorized to act on instructions received through the use of your Username and Password, and that Splash Sports may, but is not obligated to, deny access or block any transaction made through use of your Username and Password without prior notice if we believe your Username and Password are being used by someone other than you, or for any other reason.
Splash Sports may require you to change your Username or may unilaterally change your Username.
5.3 Communications and Information Practices
As a result of your registration for the Service, you may receive certain commercial communications from Splash Sports. 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 functionality or sending an email to privacy@SplashSports.com. Following such an opt-out, we may still communicate with you via email to the extent permitted by applicable law.
Certain Contests on Splash Sports may require, as a condition of entry, that you opt in to receiving communication that may include marketing from a third party. Such Contests will contain clear and conspicuous opt in terms and you may, nevertheless, opt out of the same communication and/or third-party marketing following your entry into that Contest.
For further information about how Splash Sports may use your data and communicate with you, please see our Privacy Policy.
5.4 Minors.
Splash Sports does not offer its products and services to minors. The Company will not market exclusively or primarily to minors, according to the definition of minor in each state where Splash Sports offers its products and services. Splash Sports (a) requires all partner media outlets, websites, or other entities to agree to take all reasonable measures to not target minors on behalf of the Company, (b) makes all reasonable efforts to ensure that advertising networks do not place Splash Sports material on any websites that are aimed exclusively or primarily at minors, (c) does not use any search engine optimization terms that target exclusively or primarily to minors, (d) require that individuals or other entities speaking on behalf of Splash Sports on television, radio, or online outlets understand and acknowledge the Company’s policies, and (f) ensures that any promotional events are staffed by individuals that understand and acknowledge the Company’s policies.
By agreeing to these Terms, you agree to monitor your account and ensure that no minor can access the Service using your account. You accept full responsibility for any unauthorized use of the Service by minors, and you acknowledge that you are responsible for any use of the Service, including use of Your credit card or other payment instrument by minors.
6. Disqualification and Contest Cancellation
Splash Sports also reserves the right to cancel Contests or Games, in our sole discretion, without any restrictions.
Splash Sports, in its sole discretion, may disqualify you from a Contest or Game or the entire Service, refuse to award points or prizes and require the return of any prizes, or suspend, limit, or terminate your account if you engage in conduct Splash Sports deems, in its sole discretion, to be improper, unfair, fraudulent or otherwise adverse to the operation of the Service or in any way detrimental to other users. Improper conduct includes, but is not limited to, engaging in conduct that violates Section 14 of these Terms.
If for any reason the Service is not running as originally planned (e.g., if the Site becomes corrupted or does 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 participants, fraud, technical failures, or any other causes of any kind that, in the sole opinion of Splash Sports, corrupts or affects the administration, security, fairness, integrity or proper conduct of the Service), Splash Sports 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 Service, and select the winner(s) from all eligible participants. If such cancellation, termination, modification or suspension occurs, notification may be posted on the Site.
The failure of Splash Sports to comply with any provision of these Terms due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act(s) of public enemies, actions of governmental authorities outside of the control of Splash Sports (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Terms.
6.1 Canceled, Postponed, and Rescheduled Games
In the event that a game is canceled or postponed and rescheduled to a time within the original scoring period for the contest and this change is made less than 24 hours before a game’s official start time, the game will be included in the contest and players listed to play in that game will be eligible to accrue points. This includes partially-played games, i.e. games canceled after they have started.
If a game is rescheduled for a time outside the original scoring period for the contest and this change is made less than 24 hours before a game official start time, the game will be disabled from the contest and players listed to play in that game will not be eligible to accrue points. Players whom you have selected for your roster as of the time of the lock of the disabled game will remain in your roster and will accrue zero points. Players in disabled games will become locked at the originally scheduled start time of their game.
The original scoring period for NFL is defined as the timeframe between the scheduled start of the first game within the contest and 11:59 pm ET on the first Wednesday after the last scheduled game within the contest. In the event that a game is canceled or postponed & rescheduled to any time (both outside & within the original scoring period) and this change is made more than 24 hours before a Game Set’s start, it is at the sole discretion of Splash Sports to include or remove the game from that given contest.
In the event a game is postponed, Splash Sports will make a decision no later than 11:59pm ET of the day of the game on how to handle the postponed game.
Splash Sports may choose to adjust the scoring period for a contest at their sole discretion to accommodate schedule changes to any time before 12:00 am ET on the day after the Game Set is scheduled.
Any games that are disabled will be indicated as such on the contest description page. Emails and other notifications may also be used to notify users of disabled games.
If canceled or rescheduled games result in a contest including only one active game and this is known before the contest start time then that contest will be canceled and refunded. If a contest includes only one active game but this was not known until after the contest start time then contests for this Game Set will not be canceled.
Games are known to be canceled or postponed once their status is updated as such by Splash Sports’ NFL stats-provider, Sportradar.
If canceled or rescheduled games result in a contest including zero active games, all contests for that Game Set will be canceled and refunded.
6.2 Suspended or Shortened Games
Splash Sports uses official NFL statistics and only includes statistics from games that the NFL deems to be official. If the NFL declares a game “suspended” then the player statistics generated before the game is suspended will count in contests containing said game. Any statistics generated on a later date when the game resumes will not be included.
For Survivor Contests, a suspended game that is not completed during its originally scheduled NFL or NCAA football week or slate shall result in a loss of life or elimination for entries selecting one of teams affected by the suspension. Unless otherwise specified, an NFL or NCAA football week or slate shall being on 5:00am ET Wednesday and end on the following Wednesday at 4:59am ET. The selection of one of the teams in the suspended game will still count against the team use limit.
For Pick’em contests, a suspended game that is not completed during its originally scheduled NFL or NCAA football week or slate shall be scored a no contest and will not be included in the scoring for that week or slate.
A suspended game that is later canceled (e.g. the Bengals-Bills game from January 2, 2023) shall not change the scoring or outcome of a Survivor or Pick’em contest entry.
6.3. Injured and Out Players
If a player in your fantasy sports lineup isn't expected to play before the contest locks, that player will be marked with an “Out” label. Please be sure to check your lineups just prior to the contest start time, as some players are announced as “Out” within minutes of contest lock.
Splash Sports cannot guarantee that an "Out" designation will be added to the player at a reasonable time before the contest locks, which could result in your entry not being refunded. Contest entrants are advised to complete their own due diligence and research regarding players' statuses prior to contest lock time.
6.4 Injury updates and notifications
It is the responsibility of each Splash Sports user to monitor the status of players in their lineups to make sure they will be active. Splash Sports may attempt to send injury updates and notifications when possible and time allows, so be sure to keep your notification settings on.
6.5 Late swap
If the daily fantasy sports contest has not locked yet, or if you are playing in a specified “late swap” eligible sport and the player in your lineup's game has not locked, you will be able to swap your “Out” player with another selection.
Each individual player will become "locked" at the scheduled start time of their team’s game. A locked player cannot be added or removed from a roster spot. Locked roster spots for all entries are displayed in contest game centers.
In the rare case that a game starts before the scheduled start time, all players within that game will become locked as soon as our feed reflects that the game has begun. Additionally, any swaps that were made after the real-life start time of the game will result in those lineups being disqualified and refunded.
If a player is given the “Out” tag after their competition has locked, the player will record a score of 0 for that contest and cannot be swapped.
7. Deposits and Withdrawals Generally
By depositing funds or entering/playing paid Contests/Games, you agree to provide us with a valid mailing address, date of birth and any other information we may require in order to run appropriate identity checks and comply with applicable rules and regulations. If necessary, you may be required to provide appropriate documentation that allows us to verify you. While your account is pending verification, you may be able to deposit funds into your account and participate in the Service, but you will not be able to withdraw any funds from your account until verification is complete. If we are unable to verify you, we reserve the right to suspend your account and withhold any funds until such time as we have been able to successfully verify you.
We also may conduct checks for Terms compliance, including anti-fraud checks on playing patterns and deposits prior to processing a withdrawal, and we may request additional information before permitting a withdrawal. Subject to such checks, you may close your account and withdraw your deposits and/or winnings at any time and for any reason.
Splash Sports may limit the amount a user can deposit into his or her account at its discretion or in accordance with state-imposed deposit limits.
Before making any payment, Splash Sports may require that an entrant complete and execute an affidavit of eligibility in which, among other things, the entrant is required to represent and warrant that the entrant is eligible to participate in the Service, is otherwise in compliance with these Terms and, potentially, is required to provide documentation or proof of eligibility and compliance. If Splash Sports requests that an entrant complete and execute such an affidavit and the entrant fails to do so within seven (7) days, or Splash Sports otherwise determines that the entrant does not meet the eligibility requirements or is not in compliance with these Terms, Splash Sports reserves the right to terminate the entrant’s account and withhold or revoke the awarding of any prizes associated with such account. In such a situation, Splash Sports may pay out any withheld or revoked prizes to the other entrants in the relevant Contest in a manner consistent with the rules of the respective Contest.
Entrants may withdraw their cash prize awards as well as cash deposits by using the “Withdrawal” option on the Website. Entrants may be requested to complete an affidavit of eligibility and a liability/publicity release (unless prohibited by law) and/or appropriate tax forms and forms of identification including but not limited to a driver’s license, proof of residence, and/or any information relating to payment/deposit accounts as reasonably requested by Splash Sports in order to complete the withdrawal of prizes. Failure to comply with this requirement may result in disqualification and forfeiture of any prizes. Disqualification or forfeiture of any prizes may also occur if it is determined any such entrant did not comply with these Terms in any manner.
Any withdrawal requests, after approval by Splash Sports, will be credited back to the same method of payment used to deposit funds on the Website when possible. Splash Sports will only release withdrawals to a different payment method other than that which was used to make deposit(s) after the aggregate amount of such deposit(s) has already been released back to the payment method(s) used for the deposit(s).
7.1. Withdrawal Restrictions
All entrants may withdraw the funds maintained in their individual accounts, whether such account is open or closed, within the later of a) five (5) business days of the request being made or b) the time period required by their state of residence, unless Splash Sports believes in good faith that the entrant engaged in either fraudulent conduct or other conduct that would put Splash Sports in violation of state, federal or local laws, in which case Splash Sports may provide the entrant with a notice of investigation and decline to honor the request for withdrawal until its investigation is resolved. For the purposes of this provision, a request for withdrawal will be considered honored if it is processed by Splash Sports but delayed by a payment processor, credit card issuer, or by the custodian of a financial account.
Checks for withdrawal requests are processed within 14 business days, with the exception of any such requests coming from persons physically located in Iowa, which will be processed within 5 days, and are sent via U.S. Mail. Promotional deposits, credits, and other bonuses may not be withdrawn from a Splash Sports account unless appropriate terms of the promotion are first achieved by the user.
7.2 Segregation of User Funds
User deposits and contest winnings are held in a separate, segregated bank account (the “Segregated Account”) held by Splash Sports Player Reserve, LLC at MVB Bank. Withdrawals which will be made from this Segregated Account, and checks issued from the Segregated Account, may bear the names of Certamen Games, LLC, Splash Sports, Splash Sports Player Reserve or MVB Bank. Vendors, players, and creditors shall be aware that the funds in the Segregated Account are the property of Splash Sports’ users, do not belong to Splash Sports, and are not available to creditors of Splash Sports. Splash Sports is prohibited from commingling funds held by Splash Sports and funds held in the Segregated Account.
Splash Sports will take appropriate steps to prevent unauthorized withdrawals from consumer accounts. In the event of a dispute as to the identity of a customer, Splash Sports can and does require its users to produce a copy of their driver’s license, credit cards, utility bills or passport for identity verification. If a customer cannot validate their identity and account, Splash Sports will not release the funds from the account.
A player can request to withdraw funds from their account at any time. Splash Sports will endeavor to process withdrawal requests as fast and efficiently as possible, typically within ten (10) business days after the request is received. We also may conduct checks for Terms compliance, including anti-fraud and usage patterns checks prior to processing a withdrawal, and we may request additional information before permitting a withdrawal. Subject to such checks, you may close your account and withdraw your account balance at any time and for any reason. . A request for withdrawal will be considered honored if it is processed by Splash Sports, even if it is delayed by a payment processor, credit card issuer, or by the custodian of a financial account.
7.3 Taxation
Winnings may be subject to state or federal taxation. Please consult with your accounting professional. You are solely responsible for filing and paying applicable state and federal taxes on any winnings. Splash Sports does not provide tax advice, nor should any statements in this agreement or on the Services be construed as tax advice. To the extent required by applicable law, Splash Sports may issue a 1099-G to users who have winnings in the aggregate derived from participation on the Platform of $600 or more over the previous year. If requested by Splash Sports, you shall provide all information necessary for Splash Sports to perform or evaluate any of its obligations under state or federal law, including any updated address, phone and social security number details to Splash Sports. These details will be used to allow Splash Sports to comply with tax regulations and may be shared with appropriate tax authorities. You understand and authorize Splash Sports to withhold any amounts related to your account if and to the extent Splash Sports determines that any amounts must be withheld under applicable law or regulations of the appropriate tax authorities. By agreeing to these Terms, you are consenting to electronic delivery of all informational tax forms such as Form 1099 and Form W-2G.
7.4 Special provisions related to Bank Transfer Payments
Splash Sports has partnered with financial services software company Aeropay to offer you ACH payments. When you create a Splash Sports Account and connect a bank to complete ACH payments, you will be creating an Aeropay account. You authorize Splash Sports to share your identifying information with Aeropay to open and support your Splash Sports Account. You must comply also with Aeropay’s Terms of Service when creating or using your Splash Sports Account. The Aeropay Terms of Service may be modified from time to time, and the governing version is incorporated by reference into this Terms of Service. Any term not defined in this section but defined in the Aeropay Terms of Service assumes the meaning as defined in the Aeropay Terms of Service.
8. Publicity
By entering a Contest, you consent to Splash Sports’, its service providers’ and business partners’ use of your name, voice, likeness, location and photograph in connection with the development, production, distribution and/or exploitation (including marketing and promotion) of the selected Contest and/or other Splash Sports Contests and Splash Sports generally, unless otherwise prohibited by law. Splash Sports and its business partners reserve the right to make public statements about the entrants and winner(s) on-air, on the Internet or otherwise, prior to, during or following the contest. Entrants agree that Splash Sports may announce any winner’s name on-air or on the Platform or any other location at any time in connection with the marketing and promotion of Splash Sports or other Contests or Games operated by Splash Sports. You agree that participation in and the winning of a prize in connection with a Contest constitute complete compensation for your obligations under this paragraph and you agree not to seek to charge a fee or impose other conditions on the fulfillment of these obligations. The rules specific to certain Contests may contain additional publicity obligations or may require a written signature on a separate publicity waiver.
9. Contest Entry
A Splash Sports Contest may have an entry fee, which will be listed in US dollars. When you choose to participate in a Contest, that amount in US dollars will be debited from your Splash Sports account and you must follow the links and instructions provided for entry. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the person in whose Username the entry was submitted, or if possession of the Username itself is contested and in Splash Sports’ opinion sufficiently uncertain, the name in which the email address on file was registered with the email service provider. Splash Sports reserves the right to decline to award a prize to an individual it believes in its sole discretion did not submit the winning entry.
9.1 User Entry Cancellation
Once a contest has been filled, users may not cancel their entries, i.e., withdraw from the contest and receive a refund of their entry fee. For contests that have not filled, users may cancel entries up to 15 minutes prior to game start. If you timely cancel an entry, your entry fee will be refunded back into your Splash Sports account. Splash Sports has no obligation to honor cancellation requests received within 15 minutes of or after game start. Similarly, contests lock when the first game starts and no more entries or lineup changes may be made at that time.
9.2 Responsible Gaming and Self-Exclusion
Information about responsible gaming, including self-exclusion and self-limitation options, is available here. If you self-exclude, you will be removed from participation in any Contests or Games as set forth in the self-exclusion procedures available here, and any entry fees you had previously paid for such upcoming Contests will be refunded to you.
9.3 No Advertising or Marketing to Self-Excluded Users
Splash Sports prohibits marketing the Splash Sports Platform to users who reside on any self-exclusion lists. In the case of a user joining the Splash Sports self-exclusion list or a local jurisdictional self-exclusion list, marketing distribution (e.g., email newsletters, ads, promotions) will be halted until the expiration from the given exclusion list.
10. Contest Term
Splash Sports offers contests for professional sports events that may take place on a single day, over multiple days, one week, several weeks or for an entire season.
11. Prizes
After each contest ends, the tentative winners are announced but remain subject to final verification. The players in each contest who accumulate the most fantasy points and comply with eligibility requirements and applicable rules will win prizes as set out in the contest details. Prizes are added to the winning player’s account balance. In the event of a tie, the prize is divided evenly between the tied players, unless otherwise specified.
Splash Sports offers a number of different types of contests. For each contest, we announce the entry fees and prizes in advance on the contest page. A list of all currently open contests, along with entry fees and prizes, can be found in the main lobby of the Site.
Prizes will only be awarded if a Contest is run. We reserve the right to cancel contests at any time. In the event of a cancellation, all entry fees will be refunded to the customer except as specifically provided in these Terms.
Guaranteed prizes are offered in connection with some of the contests offered by the Site. Each contest or promotion is governed by its own set of official rules. We encourage you to read each contest rules and promotions before participating.
Prize calculations are based on the results as of the time when final scoring is tabulated by Splash Sports. Once winners are announced by Splash Sports, the scoring results will not be changed, despite any official adjustments made by the professional leagues. However, Splash Sports reserves the right to make adjustments based on errors or irregularities in the transmission of information to us from our stats provider or in our calculation of results. We also may make adjustments in the event of noncompliance with the Terms. Splash Sports has no obligation to delay the awarding of a prize in anticipation of any adjustment and we reserve the right to reverse payments in the event of any adjustment. You agree to cooperate with our efforts to reverse payments.
No substitution or transfer of a prize is permitted. All taxes associated with the receipt or use of any prize are the sole responsibility of the winner. In the event that the awarding of any prizes to winners of the Contest is challenged by any legal authority, Splash Sports reserves the right in its sole discretion to determine whether or not to award or adjust such prizes. In all disputes arising out of the determination of the winner of Splash Sports contests, Splash Sports is the sole judge and its actions are final and binding.
11.1 Notification
Winners are generally posted on the Site after the conclusion of each contest by 12 PM ET on the following day. Winners may be requested to return via email or regular mail an affidavit of eligibility, a publicity agreement and appropriate tax forms by a specified deadline. Failure to comply with this requirement can result in disqualification. Any prize notification returned as undeliverable may result in disqualification and selection of an alternate winner. In addition, a list of winners and winner’s names for each competition period may be obtained by writing to: Splash Sports, 383 Corona Street, Unit #819, Denver, CO 80220.
12. Bonuses and Promotions
All promotions, loyalty programs, and special offers are subject to these Terms, the official rules of the promotion, loyalty program, or special offer, and any additional terms that may be published at the time of the promotion, loyalty program, or special offer.
We reserve the right to withdraw or alter any such promotions, loyalty program, or special offer without prior notice to you at our sole discretion.
We reserve the right at our sole discretion and without any requirement to provide a justification to exclude you from any promotions, loyalty programs, or special offers that may be offered from time to time.
Without limiting the generality of the foregoing, we reserve the right to exclude you from any promotions, loyalty programs, or special offers if we believe that you have tried to enter said promotions, loyalty programs, or special offers by using more than one account or are otherwise engaging in any fraudulent or illegal activity (including participation that would be in breach of the law in your local jurisdiction), whether or not you would have or might have won but for such activity. Where multiple entries/accounts have been used, we reserve the right to suspend those accounts and withhold any promotional benefits.
You confirm that You grant us an irrevocable, perpetual, worldwide, non-exclusive, royalty-free license to use in whatever way we see fit, and without further acknowledgement of you as the author, any content you post or publish as part of a promotion, loyalty program, or special offer.
12.1 Commissioner Incentive Program
Splash Sports prides itself on being the go-to Site for peer-to-peer contests and wants to encourage all of its users to start and play contests with their friends. Accordingly, Splash Sports has created an incentive program that will reward all users who run successful private contests (measured by number of entrants and/or total prizes awarded) with monthly cash bonuses. These contest commissioner incentive bonuses will be payable directly into the user’s account and will not be subject to any play-through or other requirements prior to withdrawal.
12.2 Whaler’s Club Incentive Program
Splash Sports has created the Whaler’s Club, an incentive program to reward users for high volume QuickPicks play. The Whaler’s Club program is open to all users with accounts in good standing. Whaler’s Club members receive rewards in the form of Splash Credits or, in certain cases, cash. Whaler’s Club members do not receive any advantage in QuickPicks contests nor access to any confidential data or information. For more information, please see the Whaler’s Club program terms and conditions.
12.3 Autopick & Autodraft
Splash Sports has developed autopick and autodraft functions for many of its contests. Autopick and autodraft require the user to toggle or turn the function ON and select an accompanying strategy. To learn more about enabling autopick & autodraft and all available strategies, please contact customer support. Autopick & autodraft may not be available in all jurisdictions or for all types of contests.
13. Statistics Providers
Splash Sports utilizes third-parties to provide statistics for most contests. Sportradar provides statistics for all NFL, MLB, NHL, College Football, College Basketball, NBA, and PGA contests.
To the extent that we offer ‘live’ statistics during gameplay, all live statistics and other information provided through the Splash Sports Site 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 Splash Sports and the third parties used to provide our Services use reasonable efforts to include accurate and up-to-date information, neither Splash Sports nor its third-party providers warrant or make any representations of any kind with respect to the information provided through the Site and related information sources. Splash Sports 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 Splash Sports Site and related information sources, and shall not be responsible or liable for any error or omissions in that information.
14. Conduct
As a condition of use, you promise not to use the Services for any purpose that is improper, fraudulent, unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Splash Sports. Such behavior includes, but is not limited to, the following:
Violation of our rules may result in the removal of your Content from the Service, forfeiture of winnings, and/or the canceling of your account. You acknowledge and agree that Splash Sports may remove any User Content (defined below) and terminate any Splash Sports account at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content). To report Terms of Use violations, please contact us at info@splashsports.com.
14.1 Chat Conditions and Behavior
Splash Sports allows you to utilize the chat feature to communicate, upload or otherwise make available text, chats, images, (“User Generated Content”), which may be accessible and viewable to other Splash Sports users. You may not submit or upload 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.
Splash Sports may monitor, screen, and review your chat feature content or communications sent through Splash Sports, at any time and for any reason, including to ensure that the User Generated Content or communication conforms to these Terms, without prior notice to you. We may terminate your account, and access to Splash Sports if your User Generated Content violates these Terms, including unlawful content, without prior notice to you.
We are not responsible for, and do not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by users. We do not claim ownership of your User Generated Content; however, you grant us the non-exclusive right to revoke your chat feature privileges or cancel your account in its entirety at our sole discretion. To report Terms of Use violations, please contact us at info@splashsports.com.
15. User Content
You understand that all Content made available on the Service by a user (“User Content”), including but not limited to profile information and communications with other users, whether privately transmitted or made publicly available, is the sole responsibility of the person from which such User Content originated. This means that you, not Splash Sports, are entirely responsible for all User Content that you upload, post, share, email, transmit, or otherwise make available via the Service. Under no circumstances will Splash Sports be liable in any way for any User Content.
You acknowledge that Splash Sports may or may not pre-screen User Content, but that Splash Sports and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, permanently delete, undelete, modify and/or move any User Content available via the Service. Without limiting the foregoing, Splash Sports and its designees shall have the right to remove any User Content that violates these Terms or is otherwise objectionable in Splash Sports’ sole discretion. You understand that by using the Service, you may be exposed to User Content that you may consider to be offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or disclosure of any User Content. You further acknowledge and agree that you bear the sole risk of reliance on any Content available on or through the Service.
With respect to the User Content you submit or otherwise make available on or to the Service, you grant Splash Sports an irrevocable, fully sub-licensable, perpetual, world-wide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such User Content (in whole or in part), and to incorporate such User Content into other works, in any format or medium now known or later developed.
You are solely responsible for your interactions with other users of the Service. Splash Sports reserves the right, but has no obligation, to monitor disputes between you and other users.
16. Indemnity
You agree to release and to indemnify, defend and hold harmless Splash Sports and its parents, subsidiaries, affiliates and agencies, as well as the officers, directors, employees, shareholders and representatives (“Released Parties”) of any of the foregoing entities, from and against any and all losses, liabilities, expenses, damages, costs (including attorneys’ fees and court costs) claims or actions of any kind whatsoever arising or resulting from your use of the Service, your violation of these Terms of Use, your receipt, ownership, use or misuse of any prize, and any of your acts or omissions that implicate publicity rights, defamation or invasion of privacy. Splash Sports reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Splash Sports in the defense of such matter.
17. Warranty disclaimers
You expressly understand and agree that your use of the Service is at your sole risk. The Service (including the Service and the Content) are provided on an “AS IS'' and “as available” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. You acknowledge that Splash Sports has no control over, and no duty to take any action regarding: which users gain access to or use the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Splash Sports from all liability for you having acquired or not acquired Content through the Service. The Service may contain, or direct you to other websites containing information that some people may find offensive or inappropriate. Splash Sports makes no representations concerning any Content contained in or accessed through the Service, and Splash Sports will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service. Splash Sports makes no representation that participation in paid entry fantasy sports contests is lawful under Texas state law.
18. Limitation on liability
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM AND SERVICE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE PLATFORM AND SERVICE MAY NOT BE SECURE AND MAY BE INTERCEPTED OR LATER ACQUIRED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE PLATFORM AND SERVICE IS AT YOUR OWN RISK. RECOGNIZING SUCH, YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE RELEASED PARTIES NOR THEIR SUPPLIERS OR LICENSORS WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES OR ANY OTHER DAMAGES BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY (EVEN IF SPLASH SPORTS HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE PLATFORM OR SERVICE; THE USE OR THE INABILITY TO USE THE PLATFORM OR SERVICE; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PLATFORM OR SERVICE; ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; ANY INCORRECT, ILLEGIBLE, MISDIRECTED, STOLEN, INVALID OR INACCURATE ENTRY INFORMATION; HUMAN ERRORS; TECHNICAL MALFUNCTIONS; FAILURES, INCLUDING PUBLIC UTILITY OR TELEPHONE OUTAGES; OMISSIONS, INTERRUPTIONS, LATENCY, DELETIONS OR DEFECTS OF ANY DEVICE OR NETWORK, PROVIDERS, OR SOFTWARE (INCLUDING, BUT NOT LIMITED TO, THOSE THAT DO NOT PERMIT A USER TO PARTICIPATE IN THE SERVICE); ANY INJURY OR DAMAGE TO COMPUTER EQUIPMENT; INABILITY TO FULLY ACCESS THE PLATFORM OR SERVICE OR ANY OTHER WEBSITE; THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ENTRIES, IMAGES OR OTHER CONTENT OF ANY KIND; DATA THAT IS PROCESSED LATE OR INCORRECTLY OR IS INCOMPLETE OR LOST; TYPOGRAPHICAL, PRINTING OR OTHER ERRORS, OR ANY COMBINATION THEREOF; OR ANY OTHER MATTER RELATING TO THE SITE OR SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SPLASH SPORTS’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SPLASH SPORTS FOR GENERAL USE OF THE PLATFORM OR SERVICE DURING THE TERM OF YOUR REGISTRATION FOR THE SITE, NOT INCLUDING ANY ENTRY FEES FOR CONTESTS COMPLETED PRIOR TO THE CIRCUMSTANCES GIVING RISE TO THE CLAIM.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
19. Our proprietary rights
All title, ownership and intellectual property rights in and to the Service are owned by Splash Sports or its licensors. You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Splash Sports, you agree not to copy, modify, rent, lease, loan, sell, distribute, perform, display or create derivative works based on the Service, in whole or in part.
20. Links
The Service provides, or third parties may provide, links to other World Wide Web sites, applications or resources. Because Splash Sports has no control over such sites, applications and resources, you acknowledge and agree that Splash Sports is not responsible for the availability of such external sites, applications or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Splash Sports shall 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 such content, goods or services available on or through any such site or resource.
21. Termination and Suspension
Splash Sports may terminate or suspend all or part of the Service or your Splash Sports account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms. Upon termination of your account, your right to use the Service will immediately cease. If you wish to delete your Splash Sports account, you may contact us via email to privacy@splashsports.com with a note to say you wish to delete your account.
The following provisions of the Terms survive any termination of these Terms: CONDITIONS OF PARTICIPATION (except for Registration and Account Password and Security); GAME RULES (only Bonuses and Promotions); CONDUCT (only User Content); INDEMNITY; WARRANTY DISCLAIMERS; LIMITATION ON LIABILITY; OUR PROPRIETARY RIGHTS; LINKS; TERMINATION; NO THIRD-PARTY BENEFICIARIES; BINDING ARBITRATION AND CLASS ACTION WAIVER; GENERAL INFORMATION.
If your account is subject to a suspension, you must respect the restrictions and limitations imposed on your account as part of the suspension, and you should communicate with Splash Sports regarding restoration of your account only via support@SplashSports.com.
22. No Third-Party Beneficiaries
You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to the Terms.
23. Notice and Procedure for Making Claims of Copyright Infringement
Splash Sports may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who infringe the intellectual property of others. If you believe that your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, please provide Splash Sports’ Copyright Agent a written Notice containing the following information:
Splash Sports’ Copyright Agent can be reached in the following ways:
Mail: Splash Sports, 383 Corona Street, Unit #819, Denver, CO 80220. Email: copyright@SplashGames.com
To be valid, a Notice must be in writing and must follow the instructions above. You also may use the contact information in this Section to notify us of alleged violations of other intellectual property rights.
24. Customer Service and Initial Dispute Resolution Procedure
24.1 Customer Service. Our Customer Support Department is available via email at support@SplashSports.com. Our Customer Support Team is able to resolve most concerns in a timely manner. To protect your privacy, all communications between you and us should be carried out using or referencing the email address that you used to register your account for the Service. Failure to do so may result in our response being delayed.
24.2 Initial Dispute Resolution Procedure. The parties shall use best efforts to resolve informally any customer service issue promptly and in good faith. If for some reason, you are not satisfied or your claim is not resolved, you may then pursue arbitration as set out below in Section 25. However, you must first submit a Notice of Dispute as set forth in this Section 24.
24.3 Notice of Dispute Required Prior to Arbitration. Within seven (7) days of the issue, you must direct any claim or dispute arising from any transaction past or present to us by contacting our Customer Support Team via email (“Notice of Dispute”). The Notice of Dispute should include:
We will use reasonable efforts to acknowledge any complaint or dispute within twenty-four (24) hours and to conduct a preliminary review of the complaint or dispute within three (3) business days. In our preliminary review, we will offer an explanation if we do not agree with your query.
24.4 At our sole discretion, we may request to hold an informal initial dispute resolution conference, either by telephonic or videoconference. All initial dispute resolution conferences shall be conducted individually, between Splash Sports and you. Multiple individuals with disputes cannot participate in the same informal telephonic dispute resolution conference. If a party is represented by counsel (which such representation will be at such parties’ sole cost and expense), counsel may participate in the conference, but each party shall also attend and participate in the conference.
24.5 The parties shall use their best efforts to settle any Dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a pre-condition to either party initiating a formal arbitration or proceeding as provided in Section 25. If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time of the Notice of Dispute, then either party may initiate binding arbitration, to the extent permitted by law, as the sole means to resolve claims, subject to these Terms and the Arbitration Agreement.
24.6 The aforementioned Notice of Dispute and informal dispute resolution process is a condition precedent to commencing any formal arbitration proceeding under the Binding Arbitration and Class Action Waiver Agreement (Section 15 below), including litigation if you have successfully opted-out of the arbitration agreement. The parties agree that any relevant limitations period or other deadlines will be tolled solely by the amount of time the parties initiate and engage in this informal dispute resolution process.
24.7 Regardless of whether you decide to opt out of arbitration, the terms set forth in this Section 24 shall remain in full force and effect as part of these Terms.
25. BINDING ARBITRATION AND CLASS ACTION WAIVER AGREEMENT
PLEASE READ THIS ARBITRATION & CLASS ACTION WAIVER AGREEMENT (THE “AGREEMENT”) CAREFULLY BECAUSE IT MAY REQUIRE YOU AND SPLASH SPORTS TO ARBITRATE CERTAIN DISPUTES AND CLAIMS ON AN INDIVIDUAL BASIS ONLY AND LIMITS THE MANNER IN WHICH YOU AND SPLASH SPORTS CAN SEEK RELIEF FROM EACH OTHER. THIS AGREEMENT APPLIES TO ANY CLAIMS YOU MAY CURRENTLY POSSESS AND ANY CLAIMS YOU MAY RAISE IN THE FUTURE. WHILE YOU MUST AGREE TO THESE TERMS OF USE IN ORDER TO USE THE SERVICES, IF YOU HAVE NOT PREVIOUSLY AGREED TO AN ARBITRATION PROVISION IN CONNECTION WITH YOUR USE OF OUR SERVICE, 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 OF ENTERING THIS AGREEMENT AND REQUIRES YOUR IMMEDIATE ATTENTION.
If you reside in or access the Service at any time while located in the United States, this Section 25 (Binding Arbitration and Class Action Waiver Agreement) shall be construed under and be subject to the Federal Arbitration Act, notwithstanding any other choice of law set out in these Terms of Use.
THIS AGREEMENT INCLUDES AN ARBITRATION PROVISION WHICH SETS FORTH HOW PAST, PENDING OR FUTURE DISPUTES BETWEEN YOU AND SPLASH SPORTS SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS ONLY AND FOR YOUR OWN LOSSES ONLY.
UNDER THIS AGREEMENT, YOU MAY NOT PROCEED AS A CLASS REPRESENTATIVE, AS A MEMBER OR PART OF ANY PROPOSED CLASS, COLLECTIVE ACTION OR MASS ARBITRATION, AS A PRIVATE ATTORNEY GENERAL, QUI TAM ACTION OR UNDER ANY REPRESENTATIVE PROCEEDING, AND YOU MAY NOT OTHERWISE SEEK TO RECOVER ON BEHALF OF OTHERS OR FOR THE USE OR BENEFIT OF OTHERS IN ANY TYPE OF CLAIM OR ACTION. YOU AND SPLASH SPORTS FURTHER AGREE THAT ANY ARBITRATION PURSUANT TO THIS AGREEMENT SHALL NOT PROCEED AS A CLASS, GROUP OR REPRESENTATIVE ACTION.
ARBITRATION MEANS YOU WILL NOT BE ABLE TO SEEK DAMAGES IN COURT OR PRESENT YOUR CASE TO A JURY.
25.1 Acceptance of Terms. By using, or otherwise accessing the Service, or clicking to accept or agree to the Terms where that option is made available, you confirm that you have read and accept and agree to this Agreement. Except to the extent that you may opt-out as provided below, all of your activity on the Platform and all or your transactions with Splash Sports, including all events which occurred before your acceptance of this Agreement, shall be subject to this Agreement.
25.2 Scope of Agreement to Arbitrate. You and Splash Sports agree that any past, pending, or future dispute, claim or controversy arising out of or relating to any purchase or transaction by you, your access to or use of any Platform or the Service, or to this Agreement, the Terms of Use, or Privacy Policy (including without limitation any dispute concerning the breach, enforcement, construction, validity, interpretation, enforceability, or arbitrability of this Agreement or the Terms of Use) (a “Dispute”), shall be determined by arbitration, including claims that arose before acceptance of any version of this Agreement. In addition, in the event of any Dispute concerning or relating to this Agreement — including the scope, validity, enforceability, or severability of this Agreement or its provisions, as well as the arbitrability of any claims—you and Splash Sports agree and delegate to the Arbitrator the exclusive jurisdiction to rule on their own jurisdiction over the Dispute, including any objections with respect to the scope, validity, enforceability, or severability of this Agreement or its provisions, as well as the arbitrability of any claims or counterclaims presented as part of the Dispute.
25.3 Notwithstanding the above provision and Agreement to Arbitrate, all parties retain the right to seek relief in a small claims court for disputes or claims solely within the scope of a small claim’s court jurisdiction.
25.4 Lack of Estoppel or Preclusive Effect. The parties agree that any issues determined in arbitration or any other proceeding between the parties shall be conducted and decided for the benefit of the parties or express third party beneficiaries only and shall have no preclusive or estoppel effect against a party in any subsequent or other arbitration or litigation matter, such that all issues shall be decided anew in any subsequent or other proceedings involving either party. The parties reach this agreement in order to narrowly and efficiently tailor their legal positions without concern that any third party may attempt to offensively use any finding or determination of fact or law against you or Splash Sports.
25.5 Third-Party Beneficiaries. You further agree and intend that this Agreement and the Terms are entered into for the express benefit of your spouse, heirs, children and next-of-kin and shall bind same to the extent of any claims arising from your use of the Service which is brought by them or by any person for the use or benefit of your spouse, heirs, children and next-of-kin. Splash Sports agrees also that this Agreement is intended to benefit and shall bind any successor-in-interest or assignee of Splash Sports.
25.6 Intellectual Property. Notwithstanding the requirement to arbitrate in this Section 17, you and Splash Sports are NOT required to arbitrate any claims for the alleged unlawful use of copyrights, trademarks, trade names, trade dress, logos, trade secrets, or patents, and the parties agree that in the event of infringement of copyrights, trademarks, trade names, trade dress, logos, trade secrets, or patents of a party, they shall also be entitled to seek injunctive relief from a court of competent jurisdiction, and the parties shall not be able to hold out a user’s access to the Service as a basis to enforce this arbitration agreement as to such claims.
25.7 Separate Agreement. The parties acknowledge that this Agreement is a separate agreement between the parties governed by the Federal Arbitration Act, and that any alleged or determined invalidity or illegality of all or any part of the Terms of Use, the Service, the Platform, or the Privacy Policy shall have no effect upon the validity and enforceability of this Agreement.
25.8 Applicable Law. While the Federal Arbitration Act shall control, to the extent the law of any state is applied or considered with respect to issues bearing upon the enforceability or scope of this Agreement, the parties agree with respect to any claim or dispute in any way pertaining to or arising from the Services or any Contest or Contests, that these Terms of Use and the rights and claims of the parties regarding the Services and the relationship of the parties shall be governed by and construed in accordance with the laws of the State or States in which Splash Sports offered the Contest(s) and you properly accessed the Services. For sake of clarity, if you enter Contests from more than one state in which Splash Sports offered the Contests, then the law of each of those states would apply with respect the Contests you entered from each respective state. To the extent this governing law provision is finally determined to be inapplicable or unenforceable as it relates to the use of the Services or any Contest, the parties agree that the governing law shall then, and only then, be the applicable law in the jurisdiction in which the user who is a party to the dispute resides. This rule and agreement concerning governing law shall apply without regard to principles of conflicts of law or choice of law. Nothing herein is intended to limit a party's right to appeal a determination by a court of law that the laws of any state are unenforceable. Furthermore, the parties agree that this governing law provision shall apply retroactively to any past Contests you have entered.
INITIATING ARBITRATION UNDER JAMS RULES
25.9 Following the conclusion of the initial dispute resolution process required by Section 24, you or Splash Sports may seek arbitration of a Dispute in accordance with the provisions of this Agreement. You and Splash Sports agree that JAMS (“JAMS”) will administer the arbitration under its Comprehensive Arbitration Rules and Procedures (“JAMS Rules”) in effect at the time arbitration is sought (“JAMS Rules”). The parties further agree that, to the extent applicable, the JAMS Mass Arbitration Procedures and Guidelines shall apply. The JAMS Rules referenced above are available at https://www.jamsadr.com/adr-rules-procedures/. Any arbitration proceeding shall be commenced and administered in New York, New York.
25.10 You and Splash Sports further agree:
25.11 Batch Arbitration/Mediation. To increase efficiency of resolution, in the event 20 or more similar arbitration demands against Splash Sports, presented by or with the assistance of the same law firm or organization or group of law firms or organizations working in coordination, are submitted to JAMS in accordance with the rules described above within a 60-day period, JAMS shall consolidate those arbitrations as contemplated in the JAMS Mass Arbitration Rules. Following the submission, initial presentation and resolution of briefing and motion practice contemplated in Section 16.9.4 on dispositive issues other than the ultimate issue of fact, to the extent claims and issues remain pending, JAMS shall group the arbitration demands into a first batch of no more than 25 demands to be set for resolution as a single arbitration. Once resolution of the first batch has concluded (or sooner if the parties agree), counsel for the parties must engage in a single mediation before a JAMS mediator of all remaining demands from claimants. Counsel for the parties must agree on a mediator within thirty (30) days after conclusion of the first batch. If the parties cannot agree on a JAMS mediator within 30 days, JAMS will appoint a JAMS mediator as an administrative matter. All parties will cooperate for the purpose of ensuring that the mediation is scheduled as quickly as practicable after the mediator is appointed. If the parties are unable to resolve their demands by mediation, JAMS shall continue to batch the remaining arbitration demands into batches of no more than 100 demands per batch (plus, to the extent there are fewer than 100 arbitration demands left over after the batching described above, a final batch consisting of the remaining demands) for administration. A single arbitration with one set of filing and administrative fees and one arbitrator will be assigned per batch. For avoidance of doubt, consolidation does not require that all arbitrations in a single batch be decided the same, nor does it impair your right to present any evidence or argument that you think particular to your case, so long as it is consistent with JAMS Rules. You agree to cooperate in good faith with the Company and JAMS to implement such a batch approach to resolution and fees and to efficiently consolidate discovery, submission of evidence, and motion practice.
25.12 By signing a demand for arbitration, a party certifies, to the best of their knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (i) the demand for arbitration is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (ii) the claims and other legal contentions are warranted by existing law or by a non-frivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (iii) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. The Arbitrator shall be authorized to afford any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or any applicable state law for either party’s violation of this requirement.
OPTION AND PROCEDURE TO OPT OUT OF ARBITRATION
25.13 IF YOU HAVE NOT PREVIOUSLY AGREED TO AN ARBITRATION PROVISION IN CONNECTION WITH YOUR USE OF OUR SERVICE, YOU MAY OPT OUT OF THE AGREEMENT TO ARBITRATE BY FOLLOWING THE INSTRUCTIONS BELOW. IF YOU DO NOT OPT-OUT, THE ARBITRATION PROVISIONS WILL APPLY RETROACTIVELY TO ALL CLAIMS YOU MAY POSSESS, WHETHER ASSERTED TO DATE OR NOT.
25.14 OPT-OUT. IF YOU DO NOT WISH TO AGREE TO THE PROVISIONS OF THIS SECTION 17 AGREEMENT REQUIRING ARBITRATION AND CLASS ACTION WAIVER AND YOU HAVE NOT PREVIOUSLY AGREED TO AN ARBITRATION PROVISION IN CONNECTION WITH YOUR USE OF OUR SERVICE, YOU MUST, WITHIN THIRTY (30) DAYS OF ENTERING THIS AGREEMENT, SEND AN EMAIL TO SUPPORT@SPLASHSPORTS.COM WITH THE SUBJECT “OPT-OUT.” **REQUESTS TO OPT OUT AFTER THE 30 DAY PERIOD SHALL NOT BE EFFECTIVE.**
25.15 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.
WAIVER OF CLASS RELIEF AND COLLECTIVE ACTION
25.16 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER YOU NOR SPLASH SPORTS SHALL BE ENTITLED TO BRING, CONSOLIDATE, JOIN OR COORDINATE DISPUTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR PARTICIPATE IN ANY COLLECTIVE ARBITRATION OR ARBITRATE OR LITIGATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY. YOU MAY ONLY ARBITRATE OR LITIGATE ON AN INDIVIDUAL BASIS ONLY AND FOR YOUR OWN LOSSES ONLY. UNDER THIS AGREEMENT, YOU MAY NOT PROCEED IN ARBITRATION OR COURT AS A CLASS REPRESENTATIVE, MEMBER OR PART OF ANY PROPOSED CLASS, COLLECTIVE ACTION OR MASS ARBITRATION, PRIVATE ATTORNEY GENERAL SUIT, QUI TAM ACTION OR ANY REPRESENTATIVE PROCEEDING, OR OTHERWISE SEEK TO RECOVER ON BEHALF OF OTHERS OR FOR THE BENEFIT OR USE OF OTHERS IN ANY TYPE OF CLAIM OR ACTION. YOU AND SPLASH SPORTS ARE EACH WAIVING RESPECTIVE RIGHTS TO PARTICIPATE IN A CLASS ACTION. BY ACCEPTING THIS AGREEMENT, YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN ANY PAST, PENDING OR FUTURE CLASS ACTION OR ANY OTHER CONSOLIDATED OR REPRESENTATIVE PROCEEDING, INCLUDING ANY PROCEEDING EXISTING AS OF THE DATE YOU AGREED TO THIS AGREEMENT.
25.17 Severability. This Agreement applies solely to the extent permitted by law. If for any reason any provision of this Agreement or portion thereof, is found to be unlawful, void, or unenforceable, that part of this Agreement will be deemed severable and shall not affect the validity and enforceability of the remainder of this Agreement which shall continue in full force and effect. To the fullest extent allowable by law and equity, the parties agree that any such provision may be blue-penciled or otherwise construed by the forum presiding over any dispute to give effect to the intent of the parties and consistent with the overall purpose and intent of the agreement, and may be deemed replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.
END OF SECTION 25 ARBITRATION AGREEMENT
26. WAIVER OF JURY TRIAL
EACH PARTY HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THE PLATFORM OR SERVICES OR ANY TRANSACTIONS BETWEEN THE PARTIES, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY.
27. Application License
Subject to your compliance with these Terms, Splash Sports grants you a limited non-exclusive, non-transferable license to download and install a copy of the app on a device that you exclusively control and to run such copy of the app solely for your own personal use. Splash Sports reserves all rights in and to the app not expressly granted to you under these Terms. You will not run any version of the app on a jailbroken device.
If you have downloaded our app, you agree to promptly download and install any new version that we make available through the iTunes App Store or Google Play store, as applicable. Some new versions may contain updated Terms. Some new versions may contain security fixes and service improvements, whether or not we disclose that they do; accordingly, failure to promptly update your version of the App may in some cases expose you to increased security risks or Service malfunctions.
26.1. Additional Terms for the Splash Sports iOS App
You acknowledge and agree that (i) these Terms are binding between you and Splash Sports only, and Apple is not a party hereto, and (ii) as between Splash Sports and Apple, it is Splash Sports that is responsible for the app and the content thereof. You must use the iOS app only on an Apple-branded product that runs iOS. Your use of the app must comply with the terms of use applicable to the Apple source from which you obtain it (including the Usage Rules set forth in the Apple App Store Terms of Service). You acknowledge that Apple has no obligation to furnish you with any maintenance and support services with respect to the app.
You acknowledge that Apple is not responsible for addressing any claims you have or any claims of any third-party relating to the app or your possession and use of the app, including, but not limited to (i) product warranty or liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; or (iv) claims that the app infringes a third party’s intellectual property right(s).
In the event of any failure of the iOS version of the app to conform to any applicable warranty that has not been effectively disclaimed by these Terms, you may notify Apple, and Apple will refund the purchase price for the app (if any) to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the app, and, as between Apple and Splash Sports, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Splash Sports’ responsibility, but only to the extent provided by these Terms. Please read the entire Terms, as other sections of these Terms limit Splash Sports’ liability in this regard.
Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms. Upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary thereof. There are no other third-party beneficiaries of the Terms.
27. Statute of Limitations
You and Splash Sports agree that any claims or lawsuits, regardless of form, arising out of or related to the Site (including Services) or these Terms 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.
28. Account Abandonment
Splash Sports may, in its sole discretion, for purposes of the Inactivity Fee (defined below), consider and treat your account as inactive if you have not entered a Contest, made a deposit, or made a withdrawal from your account for eighteen (18) consecutive months. Unless prohibited by applicable law, Splash Sports may impose a fee of $4.00 per month (“Inactivity Fee”) on all inactive accounts until the account is reactivated by entering a Contest, making a deposit, or withdrawing from your account. Upon reactivation, prior inactivity fees will not be refunded.
Splash Sports will consider your account to be dormant if it remains inactive for a period of time defined by applicable state law. If an account becomes dormant and funds remain in the account, Splash Sports will comply with applicable state law relating to unclaimed property. To the extent permitted by applicable law, Splash Sports may also charge additional fees associated with the delivery of abandoned funds to the applicable state agency. If Splash Sports closes your account prior to the period permitted by applicable state law, Splash Sports will return all funds remaining in your account at the time of closure to you.
29. Waiver and Severability of Terms
The failure of Splash Sports 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.
30. 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.
31. Entire Agreement
These Terms, and any additional terms, rules and conditions of participation in particular contests that Splash Sports may post on the Service, constitute the entire agreement between you and Splash Sports with respect to the Service and supersedes any prior agreements, oral or written, between you and Splash Sports. In the event of a conflict between these Terms and the additional terms, rules and conditions of participation in particular contests, the latter will prevail over the Terms to the extent of the conflict, with the exception of the Arbitration Agreement set forth in Sections 25 through 25.17 of these Terms, which shall control over any express or perceived conflict.