TERMS OF SERVICE

SidePrize LLC (“SidePrize”) is pleased to provide you its fantasy sports website located at SidePrize.com and its subdomains (the “Site and related mobile app”) – which include all of the text, images, audio, code, products, tools, features, and services provided on them (collectively, the “Services”). These Terms of Service (“Terms”) govern your use and SidePrize’s provision of the Services. Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES.

By entering, accessing, browsing, submitting information to, or otherwise using the Services, or clicking to accept or agree to these Terms where that option is made available, you (1) accept and agree to each of these Terms below; (2) consent to the collection, use, disclosure and other handling of information as described in SidePrize’s Privacy Policy; and (3) accept and agree to any additional terms, rules, and conditions of participation for particular Services offered by SidePrize from time to time.

IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THE SERVICES.

IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS, AS DETAILED IN SECTION 12. THIS AGREEMENT IS ALSO SUBJECT TO CERTAIN DISCLAIMERS AND LIMITATIONS OF LIABILITY, AS FURTHER DETAILED IN SECTION 11.

1. Acceptance of Terms

This is a contract between you and SidePrize, a Georgia corporation.  You must read and agree to these Terms before using the Services.  If you do not agree, you may not use the Services.  These Terms describe the limited basis on which the Services are available and supersede prior agreements or arrangements.

SidePrize may amend these Terms. Any such amendment will be effective thirty (30) days following either dispatch of a notice to you or posting of the amendment on the Services.  If you do not agree to any change to these Terms, you must discontinue using the Services.  SidePrize’s customer service representatives are not authorized to modify any provision of these Terms, either verbally or in writing.

SidePrize may immediately terminate this contract with respect to you, including your access to the Services. Cause for such termination shall include, but is not limited to: breaches or violations of these Terms or other incorporated agreements or guidelines; requests by law enforcement or other government agencies; a direct request by you; discontinuance or material modification to the Services, or any part thereof; unexpected technical or security issues or problems; and, extended periods of inactivity. Absent a request from you, SidePrize does not intend to terminate your account without good cause; however, you agree that any unilateral termination of the account by SidePrize is ultimately a decision vested in SidePrize’s sole discretion.

2. Eligibility

SidePrize’s competitions are void where prohibited. You hereby represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and to abide by and comply with these Terms.

If you do not meet the eligibility requirements of this section, then you are not authorized to use the Services. SidePrize reserves the right to request proof of age or identity or to verify eligibility conditions and potential winning entries, prior to awarding any prize. SidePrize further reserves the right to terminate your account and withhold or revoke the awarding of any prizes associated with an ineligible account.

To be eligible to use SidePrize’s Commissioner Tool or enter any Challenges, you must meet all of the following conditions:

• You are at least 18 years of age (or the age of majority in your state of legal residence, whichever is greater);
• You are a resident of the United States of America;
• At the time of your deposit of money or participation in any fantasy sports contest, you are not physically located in any of the following Prohibited States: Arizona, Iowa, Louisiana, Montana, Washington, Massachusetts;
• You are not a member, officer, employee or agent of SidePrize;
• You are not a spouse, child, brother, sister or parent, residing as a member of the same household or in the principal place of abode of any member, officer, employee or agent of SidePrize;
• You are not an official or referee or amateur or professional athlete, or agent of any official or referee or amateur or professional athlete, whose performance may be used to determine the outcome of any fantasy sports contest;
• You are not listed on any U.S. Government list of prohibited or restricted parties;
• You will abide at all times by these Terms and any other agreements between you and SidePrize regarding your use of the Services; and
• You are not subject to backup withholding tax because: (a) you are exempt from backup withholding, or (b) you have not been notified by the Internal Revenue Service (IRS) that you are subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified you that you are no longer subject to backup withholding.

Additionally, to be eligible to enter any Challenges, you must also meet the following conditions:

• At the time of your deposit of money or participation in any Challenge, in addition to the Prohibited States above, you are also not physically located in any of the following Other Prohibited States: Arizona, Iowa, Louisiana, Montana, Washington, Massachusetts;
• You are not an officer or employee of another daily fantasy site that charges entrance fees or offers cash prizes;
• You do not, by virtue of affiliation or employment with another company operating in the fantasy sports industry, have access to that company’s pre-release, non-public, or confidential data about fantasy sports contest-related information;
• Athletes, coaches and other team management, team support personnel, and team owners are not eligible to participate in Challenges in the sport or sports with which they’re associated. Team owners, league employees, sports commissioners, and other individuals, who through an ownership interest or game-related employment can influence the gameplay, are also not eligible to participate in Challenges in the sport or sports with which they’re associated.

3. Conditions of Participation

Registration and Accounts

In order to use certain features of the Services, including SidePrize’s Commissioner Tool and Challenges, you must register and set up an account with SidePrize. By registering as a user of the Services, you agree to provide and maintain accurate, current and complete information about yourself including but not limited to your name, age, and address. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness. You agree that SidePrize may take steps to verify the accuracy of information you provide, including your age and contact information, prior to awarding any prizes or permitting withdrawal of money deposited on the Site.

If your account information is not accurate, not current, or incomplete, or if SidePrize has reasonable grounds to believe that your account information is not accurate, not current, or incomplete, SidePrize, at its sole discretion, may deny you access to certain Services and areas of the Site requiring registration. SidePrize, acting reasonably, reserves the right to not open an account for you.

You may open, maintain, use and control only one account on the Services. For avoidance of doubt, users may not “co-own” accounts on the Services. In the event SidePrize determines you have opened, maintained, used or controlled more than one account, SidePrize reserves the right to suspend or terminate any or all of your accounts and withhold or revoke the awarding of any prizes.

If you create a username or contest team name that SidePrize deems, in its sole discretion, to be abusive, defamatory, harassing, hateful, indecent, objectionable, offensive, or vulgar, we reserve the right to cancel any of your contest entries and block your account from any future activity.

SidePrize may suspend or terminate your account and your ability to use the Services if you engage in, encourage or advocate for illegal conduct, or if you fail to comply with any of these Terms or supplemental terms.

Account Passwords and Security

You are responsible for taking reasonable steps to maintain the confidentiality of information related to your account, including your username and password, and you are responsible for all activities under your account that you can reasonably control.  You agree to promptly notify SidePrize of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or the Services.

The security, integrity and confidentiality of your personal information is extremely important.  SidePrize uses SSL encrypted browsing for all logged-in users but cannot guarantee that all use will be secure. You understand and agree that no network is 100 percent secure and that SidePrize is not responsible for any data breaches, “hacking” or other unauthorized access. SidePrize has implemented technical, administrative and physical security measures that are designed to protect your information from unauthorized access, disclosure, use, and modification. For more information, please see SidePrize’s Privacy Policy.

Communications and Information Practices

As a result of your registration for the Services, you may receive certain commercial communications from SidePrize. 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, where available, or sending an email to support@SidePrize.com. Following an opt-out, we may still communicate with you via email to the extent permitted by applicable law.

4. Transactions

Account Deposits

All prizes that you win and money that you deposit into your account (collectively, “Account Balances”) are held in a bank account separate from SidePrize’s operational funds. Withdrawals by you will be made from this separate bank account. Account Balances belong to you, subject to review for identity and eligibility verification, evidence of fraud, or prohibited conduct. If you do hold an Account Balance, that Account Balance represents an unsecured claim against SidePrize and is not insured by the FDIC. SidePrize may limit the amount you can deposit into your account at SidePrize’s sole discretion and/or in accordance with state-imposed deposit limits.

As part of its Commissioner Tool service, SidePrize collects entry fees and distributes prizes (“League Funds”) in connection with fantasy sports contests that are hosted, offered, and/or operated by third-parties. League Funds are held in a bank account separate from SidePrize’s operational funds. League Funds shall be distributed to users consistent with the contests’ rules that are established and made known to entrants in advance of the contest. Neither SidePrize nor any of its members, managers, officers, agents or employees shall be liable for any action taken or omitted to be taken by it or them under or in connection with its role in collecting and distributing League Funds, except for its or their own gross negligence or willful misconduct.

Notwithstanding anything contrary contained herein, SidePrize may combine your Account Balance and League Funds with the Account Balances and League Funds of other users and may invest those funds in liquid investments in accordance with state money transmitter laws. All interest and earnings on Account Balances and League Funds will be the sole property of SidePrize. SidePrize will not pay any interest or earnings to you for Account Balances or League Funds provided pursuant to these Terms.

Taxation

Each year all winners of any fantasy contests who have won $600 or more over the previous year must provide updated address and social security details to SidePrize. These details will be used to allow SidePrize to comply with tax regulations and may be shared with appropriate tax authorities. You, not SidePrize, are responsible for filing and paying applicable state and federal taxes on any winnings. SidePrize does not provide tax advice, nor should any statements in this agreement or on the Service be construed as tax advice.

Withdrawals

You may withdraw cash prize winnings and any cash deposits (excluding bonuses and promotions) once funds have settled. For all withdrawals, SidePrize requires your full name, valid mailing address, date of birth, and social security number in order to file the appropriate tax forms at year end. SidePrize may conduct checks for Terms compliance, and SidePrize may request additional information before permitting a withdrawal.

5. Contest Rules

The Services, including SidePrize’s Commissioner Tool and Challenges, may integrate, be integrated into, or be provided in connection with third-party websites, which host, offer and/or operate fantasy sports contests. Those contests may have supplemental rules and conditions to which you are subject, but the following general rules apply, absent contrary terms in any supplemental rules or conditions for those contests.

Contest of Skill

Fantasy sports contests are contests of skill. Winners are determined by the criteria stated in each contest’s rules. Such contests are designed to test contest entrants’ respective proficiency in exercising their judgment and knowledge regarding sports in light of the contests’ rules. For each contest, winners are determined by the individuals who use their skill and knowledge of relevant professional sports information and fantasy sports rules to accumulate the most fantasy points.

SidePrize is not to be used as a tool to aid illegal gambling. It is incumbent upon you to know the laws that pertain to you within your jurisdiction and to act lawfully at all time when using the Services. All fantasy sports contests conducted in connection with SidePrize’s Services must comply with applicable state and federal laws governing their operation. Contests that fail to comply with such laws will be void.

Entries

Contests on SidePrize will display an entry fee listed in US dollars.

We may disqualify entries that are late, misdirected, incomplete, corrupted, lost, illegible or invalid or containing false information.  Contest entries are limited to one per person and entries via agents or third parties or the use of multiple identities are not permitted.  Use of automated entries, votes or other programs is prohibited and all such entries (or votes) will be disqualified.

Information collected from entrants is subject to SidePrize’ Privacy Policy. Participation in any contest constitutes full and unconditional agreement to and acceptance of these Terms and the decisions of SidePrize, which are final and binding. Winning any prize is contingent on fulfilling all requirements set forth herein.

Contest Term

The term and length of each individual contest will depend on the professional sport related to that contest, generally commencing and ending either on a single day, over the course of a week, or over the course of a full professional sports league’s regular season. The length of each individual contest will be explicitly stated on its respective contest page and/or third-party website that hosts, offers and/or operates such contest.

Prizes

SidePrize awards prizes based on the results of fantasy sports contests. For each contest, SidePrize makes known and establishes in advance the amount of the entry fees and prizes. This information is made available on the contest page.

At the conclusion of each contest, the tentative winner(s) are announced (generally by the following day) but remain subject to final verification. Prizes will then be awarded, consistent with the contests’ rules, to eligible entrants within fourteen (14) days of the contests’ conclusion. Prizes awarded are reflected in contest winners’ accounts. In the event of a tie, the prize is divided evenly between the tied entrants, unless otherwise specified.

Prize calculations are based on the results as of the time when final scoring is tabulated by SidePrize or the third-party that offers, hosts, and/or operates the contest. Once winners are initially announced by SidePrize, the scoring results will not be changed in light of official adjustments made by the professional leagues, though SidePrize reserves the right to make adjustments based on errors or irregularities in the transmission of information to SidePrize from the third-party that offers, hosts, and/or operates the contest, or in our calculation of results. SidePrize also may make adjustments in the event of noncompliance with the Terms. SidePrize has no obligation to delay the awarding of a prize in anticipation of any adjustment, and SidePrize reserves the right to reverse the payment of prizes in the event of any adjustment. You agree to cooperate with our efforts to reverse the payment of prizes.

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 winners. In the event that the awarding of any prizes to winners of any contest is challenged by any legal authority, SidePrize 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 winners of contests, SidePrize is the sole judge and its actions are final and binding.

Cancellation Policy

SidePrize reserves the right to modify, suspend, cancel or terminate a contest or extend or resume the entry period or disqualify any entrant or entry at any time without giving advance notice.  SidePrize will do so if it cannot be guaranteed the contest can be carried out fairly or correctly for technical, legal or other reasons, or if SidePrize suspects that any person has manipulated entries or results, provided false information or acted unlawfully or unethically. SidePrize also has the right to cancel a contest if the minimum number of contest entries is not met. If SidePrize cancels or terminates a contest, prizes may be awarded in any manner it deems fair and appropriate consistent with local laws governing the contest.

The failure of SidePrize to comply with any provision of these Terms due to what is commonly referred to as an act of God or a hurricane, war, fire, earthquake, terrorism, act of public enemies, actions of government authorities outside of the control of SidePrize (not related to compliance with applicable regulations), or other force majeure event will not be considered a breach of these Terms.

6. Bonus Credits, Referrals, and Promotions

At various times, SidePrize may offer bonuses to new depositing users and for other marketing purposes. Any cash bonuses and promotions an entrant receives may not be withdrawn from SidePrize account unless certain conditions are met as stated by the terms for each applicable bonus, or promotion. These terms may include, but are not limited to, using the bonus to enter into at least one contest with an entry fee greater than zero dollars or a minimum deposit of $5.00 into your SidePrize account. Any attempted abuse of bonuses is prohibited, and may result in the loss of bonuses, and the suspension of all playing privileges on SidePrize. 

Referrals occur when an existing user invites a new user to SidePrize. Bonus credits may be offered to one or both users when a user joins, makes a deposit, makes a challenge, makes multiple challenges or takes a variety of other actions on the Site.

Promotional codes may be made available through marketing materials. These codes can be redeemed on the deposit page of the SidePrize application.

Unless otherwise stated, rules for the promo codes are as follows:

• Only one promotional code is allowed per user.
• The maximum number of codes allowed is 100.
• Each code is good for one month following its distribution, unless the maximum number of codes allowed has been reached.
• Promotional code value is for use on SidePrize only and cannot be withdrawn or exchanged or traded for money.

SidePrize reserves the right to remove or change any bonus credit from any of the above programs at any time.

7. User Conduct

As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by SidePrize. By way of example, and not as a limitation, you agree not to:

• abuse, harass, impersonate, intimidate or threaten other SidePrize users;
• post or transmit, or cause to be posted or transmitted, any content that is infringing, libelous, defamatory, abusive, offensive, obscene, pornographic or otherwise violates any law or right of any third party;
• use the Service for any unauthorized purpose, or in violation of any applicable law, including intellectual property laws;
• post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any SidePrize user;
• create or submit unwanted email (“Spam”) to any other SidePrize users;
• infringe upon the intellectual property rights of SidePrize, its users, or any third party;
• submit comments linking to affiliate programs, multi-level marketing schemes, sites repurposing existing stories or off-topic content;
• post, email, transmit, upload, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed or functioning to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
• use any robot, spider, scraper, sniping software or other automated means to access the Service for any purpose (except for RSS feed access) without our express written permission. Additionally, you agree that you will not: (1) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (2) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (3) bypass any measures we may use to prevent or restrict access to the Service;
• use unauthorized scripts; all authorized scripts will be made available through the Services prior to contest entry;
• advertise to, or solicit, any user to buy or sell any products or Services, or use any information obtained from the Service in order to contact, advertise to, solicit, or sell to users without their prior explicit consent;
• sell or otherwise transfer your profile;
• attempt to influence the play in any sporting event from which athletes are available for selection in contests in which you are involved or in which you have a direct or indirect interest.

You acknowledge and agree that SidePrize may remove any User Generated Content (as defined below) and/or terminate your account for any violations of the above user conduct terms or upon receipt of claims or allegations from other users, third parties, or authorities.

To report violations of these Terms, please contact us at support@SidePrize.com.

8. User Generated Content

The Services may allow you to communicate, submit, upload or otherwise make available text, images, audio, video, competition entries or other content (“User Generated Content”), which may be accessible and viewable by the public.  You may not submit or upload User Generated 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.

SidePrize does not claim ownership to your User Generated Content; however, you grant SidePrize a non-exclusive, sub-licensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit such User Generated Content, in whole or in part, in all media formats and channels now known or hereafter devised (including in connection with the Services and on third-party sites and platforms such as Facebook, YouTube and Twitter), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.

You represent and warrant that your User Generated Content conforms to these Terms and that you own or have the necessary rights and permissions, without the need for payment to any other person or entity, to use and exploit, and to authorize SidePrize to use and exploit, your User Generated Content in all manners contemplated by these Terms.  You agree to indemnify and hold SidePrize and its subsidiary and affiliated companies, and each of their respective employees and officers, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against SidePrize by any third party arising out of or in connection with SidePrize’s use of your User Generated Content.  You also agree not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against SidePrize or its licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights.

To the extent that SidePrize authorizes you to create, post, upload, distribute, publicly display or publicly perform User Generated Content that requires the use of its copyrighted works, SidePrize grants you a non-exclusive license to create a derivative work using its copyrighted works as required for the purpose of creating the materials, provided that such license shall be conditioned upon your assignment to SidePrize of all rights in the work you create.  If such rights are not assigned to SidePrize, your license to create derivative works using SidePrize’s copyrighted works shall be null and void.

SidePrize has the right but not the obligation to monitor, screen, post, remove, modify, store and review User Generated Content or communications sent through a Service, 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.  SidePrize is not responsible for, and does not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by users.

9. Intellectual Property

Ownership

Unless otherwise noted, all text, content and documents in the Services, any names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in the Services, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works in the Services (“Our Content”) are owned by SidePrize or used with permission or under license from a third party (hereinafter collectively referred to as the “Owner”) and are protected under copyright, trademark and other intellectual property and proprietary rights laws. As between SidePrize and you, all right, title and interest in and to Our Content will at all times remain with SidePrize and/or its Owners. All brand names, product names, titles, slogans, logos, or service names and other marks used in the Services, are registered and/or common law trade names, trademarks or service marks SidePrize. SidePrize does not transfer ownership, license, or title to any portion of Our Content to you.

Submissions and Unsolicited Ideas Policies

SidePrize encourages your feedback, in the form of reviews, comments, and suggestions or recommendations for modifications, improvements or changes to the Services or the Site that you may choose in your sole discretion to provide SidePrize from time to time (“Feedback”). When you provide Feedback, you grant SidePrize, under all right, title and interest in and to the Feedback, a non-exclusive, royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use that Feedback for SidePrize’s commercial or other use and to incorporate it into the Site or other products or services. In connection with anything you submit to SidePrize – whether or not solicited by SidePrize – you agree that creative ideas, suggestions or other materials you submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and SidePrize in any way, and that you have no expectation of review, compensation or consideration of any type.

10. Third-Party Services and Content

The Services may integrate, be integrated into, or be provided in connection with third-party websites and the contests, services, products, or other content made available on those third-party websites (collectively, “Third-Party Websites”). SidePrize does not control those third parties or Third-Party Websites. You should read the terms of use agreements and privacy policies that apply to such Third-Party Websites. Descriptions of, or references or links to, third parties or Third-Party Websites within the Services do not imply endorsement of those third parties or Third-Party Websites. You agree that SidePrize will not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as a result of your activities related to those third parties or conducted or taken on or in connection with Third-Party Websites.

11. Disclaimers and Limitation on Liability

YOU AGREE THAT SIDEPRIZE, INCLUDING ITS AFFILIATES, OFFICERS, DIRECTORS AND/OR REPRESENTATIVES, SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, ARISING OUT OF YOUR ACCESS TO OR USE OF THE SERVICES OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY OF THE SERVICES.

YOU AGREE THAT SIDEPRIZE, INCLUDING ITS AFFILIATES, OFFICERS, DIRECTORS AND/OR REPRESENTATIVES, SHALL NOT BE HELD LIABLE FOR ANY ACTIVITIES TAKEN BY YOU THAT MAY VIOLATE ANY LAWS TO WHICH YOU ARE SUBJECT. SIDEPRIZE DOES NOT REPRESENT OR WARRANT THAT ACTIONS YOU TAKE RELATED TO THE SERVICES ARE LAWFUL IN ANY PARTICULAR JURISDICTION, AND IT IS THEREFORE INCUMBENT UPON YOU TO KNOW THE LAWS THAT PERTAIN TO YOU WITHIN YOUR JURISDICTION AND TO ACT LAWFULLY AT ALL TIMES WHEN USING THE SERVICES.

SIDEPRIZE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE COMPLETENESS, ACCURACY, CURRENCY, OR RELIABILITY OF ANY INFORMATION OR CONTENT PROVIDED BY A THIRD PARTY THAT APPEARS ON THE SIDEPRIZE SITE OR SERVICES. YOU AGREE THAT SIDEPRIZE, INCLUDING ITS AFFILIATES, OFFICERS, DIRECTORS AND/OR REPRESENTATIVES, SHALL NOT BE HELD LIABLE FOR ANY ERRORS, OMISSIONS, INACCURACIES, DELAYS, OR FAILURES IN PERFORMANCE RESULTING FROM SUCH INFORMATION AND CONTENT, OR FROM CAUSES BEYOND OUR REASONABLE CONTROL.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”  SIDEPRIZE DISCLAIMS ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY SET OUT IN THESE TERMS.

THESE DISCLAIMERS AND LIMITATIONS DO NOT AFFECT YOUR RIGHTS AS A CONSUMER OR PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW IN YOUR JURISDICTION.

12. Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING A RIGHT TO FILE A LAWSUIT IN COURT.

You and SidePrize agree to arbitrate all disputes between you and SidePrize, except disputes relating to the enforcement of SidePrize’s or its affiliates’ intellectual property rights.  “Dispute” includes any dispute, action or other controversy between you and SidePrize concerning the Services or these Terms, whether in contract, tort, warranty, statute or regulation, or other legal or equitable basis.  You and SidePrize empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or formation of this contract, including the arbitrability of any dispute and any claim that all or any part of these terms are void or voidable.

In the event of a dispute, you or SidePrize must send to the other party a notice of dispute, which is a written statement that sets forth name, address and contact information of the party giving notice; the facts giving rise to the dispute; and the relief requested. You must send any notice of dispute to SidePrize LLC, Attention: Legal/Arbitration Notice, 151 Ted Turner Drive NW, Atlanta, GA 30303.  SidePrize will send any notice of dispute to you at the contact information SidePrize has for you.  You and SidePrize will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent.  After sixty (60) days, you or SidePrize may commence arbitration.  You or SidePrize may also litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not you negotiated informally first.

If you and SidePrize do not resolve a dispute by informal negotiation or in small claims court, the dispute shall be settled by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act.  YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY.  Arbitration will be administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and its Supplementary Procedures for Consumer Related Disputes.  For more information, visit www.adr.org or, in the United States, call 800-778-7879.  Arbitration may be conducted in person, through the submission of documents, by phone or online.  The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.

If you are a resident of the United States, arbitration will take place at any reasonable location convenient for you.  For residents outside the United States, arbitration shall be initiated in the State of Illinois, United States of America, and you and SidePrize agree to submit to the personal jurisdiction of the federal or state courts located there, in order to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS.  Neither you nor SidePrize will seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity.  No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding.  If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.

13. Additional Provisions

Claims and Copyright Infringement

Notifications of claimed copyright infringement and counter notices should be addressed to support@sideprize.com, or via physical mail to SidePrize LLC, Attention: DMCA Designated Agent, 151 Ted Turner Drive NW, Atlanta, GA 30303. 

SidePrize will respond expeditiously to claims of copyright infringement committed using the Services that are reported to its designated agent, identified above, in accordance with the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”) or, as applicable, other laws. With respect to Services hosted in the United States, these notices must include the required information set forth in the DMCA.

Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of the State of Georgia without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Georgia.

Severability

If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Survival

The provisions of these Terms which by their nature should survive the termination of these terms shall survive such termination.

Waiver

No waiver of any provision of these Terms by SidePrize shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Last updated October 7, 2016