Terms of Service – Fanatics Sportsbook & Casino Pennsylvania
Last updated as of January 22, 2024.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY.
THESE TERMS OF SERVICE INCLUDE A MANDATORY ARBITRATION PROVISION WHICH SETS FORTH HOW DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL AND NOT A CLASS-WIDE OR CONSOLIDATED BASIS AND HOW YOU MAY OPT OUT OF THIS PROVISION. SEE SECTION 20 OF THESE TERMS OF SERVICE, BELOW.
These Terms of Service (“the Terms” or “TOS”) form a binding contract between you (“You” or “user”) and FBG Enterprises Opco, LLC, a Delaware limited liability company, and its respective holding, subsidiary and affiliated entities, including but not limited to PointsBet Pennsylvania LLC (collectively, “FBG,” “Fanatics Betting and Gaming,” “we,” “us,” or “our”). These Terms shall govern Your access and use of our interactive gaming and sports wagering services, including but not limited to our website and mobile application (together, the “Platform”) and Your participation in any promotions, contests, offers and any other transactions or dealings with us in any way (collectively, including the Platform, the “Services”).
You agree that Your use and access of the Services shall be governed by these Terms, our, the House Rules of Fanatics Sportsbook and the applicable rules for the games offered on Fanatics Casino (“Game Rules”), the FanCash Program terms, and any other terms, conditions rules or policies that relate to the Services such as promotions (including but not limited to Bonuses defined below), contests, special offers or any other condition on Your use of the Services that we may provide to You (all collectively, the “Agreements”), which are incorporated herein. Your use of the Services is always subject to these Agreements, as may be modified by us, and all applicable laws, rules and regulations. Please read these Agreements carefully. If You are dissatisfied with these Agreements or any content or information accessed through the Services, Your sole and exclusive remedy is to discontinue using the Services. You agree that Your continued use or access of the Platform or Services is subject to the Agreements.
You must be physically located in Pennsylvania to place a wager using the Platform in Pennsylvania. If You log into the Platform from a state other than Pennsylvania where the Platform is offered, Your activity will be governed by the Terms of Service for that state and by logging in, you will agree to such terms. Additionally, You agree that we will transfer Your entire Account (defined below in Section 2(B)) balance to the Platform of the other state so that Your funds are available for You to wager while physically present within the other state. The balance transfer will be reflected in Your Account history. If You later login from Pennsylvania or a different state where the Platform is offered, You agree that we will transfer Your entire Account balance back to Pennsylvania or the other state.
Table of Contents
1. Acceptance of Terms of Service.
2. Interactive Gaming & Sports Wagers.
C. Account Password and Security
D. User Account Funds, Withdrawals and Refunds
F. Responsible Player Behavior & Self-Exclusion
G. Disqualification and Cancellation
H. Publicity License and Release
K. Game Statistics and Live Scoring (Sports Wagering)
L. Game Results & Winnings (Sports Wagering)
6. Links to Third Party Sites; Advertisers.
8. Property; Intellectual Property.
11. Termination of Access and/or Account.
17. Third Party Game Providers.
19. Governing Law and Jurisdiction.
A. Initial Dispute Resolution Procedure.
21. One Year Statute of Limitations.
22. General Fanatics Casino Terms.
By accessing and using the Services, You agree that You have read, understand and agree to be legally bound by these Terms. Subject to Section 20 below, these Terms may be amended by us in our sole discretion at any time with or without prior notice. If we materially change the Terms, we may notify You through a notice, updated Terms, postings on the Platform or by email (sent to the email address specified in Your Account, if any), prior to or upon the change becoming effective. Accordingly, when You access or use the Services, You should check the date of the Terms and be aware of any changes since the last version. The most current version of these Terms will be posted on the Platform. Your continued use of the Services following the posting of any changes to these Terms means that You accept such changes. Your access to and use of the Services will be governed by the Terms in effect at the time of such access or use.
Copies of the Terms are available upon request. If you would like a copy, please contact FBG Enterprises Opco, Inc.:
Address:
PO Box 551702
4150 Belfort Rd
Jacksonville, FL. 32216
Email: support@betfanatics.com
Telephone Number: 800-254-0320
PointsBet Pennsylvania LLC is licensed and regulated by the Pennsylvania Gaming Control Board (“PGCB” or “Board”). The Platform is offered in Pennsylvania under the license held by PointsBet Pennsylvania, LLC and under agreements with Mountainview Thoroughbred Racing Association, LLC d/b/a Hollywood Casino at Penn National Race Course and Moutainview Thoroughbred Racing Association, LLC d/b/a Hollywood Casino York, respectively, pursuant to the oversight, regulatory requirements, and licensing of the PGCB. The use of the Platform and Services are subject to all applicable Pennsylvania Commonwealth and United States federal regulations.
Our Services that offer the ability to participate in interactive gaming and sports wagering, are open only to eligible users. You must be at least twenty-one (21) years of age to open an Account with FBG.
If You plan to access the Platform or use the Services, You hereby represent and warrant that You are fully able and competent to enter into and comply with the terms, conditions, obligations, affirmations, representations and warranties set forth in the Agreements and to comply with Your own local, state, federal or other laws, rules, regulations or ordinances concerning betting and gaming whether connected with Your use of the Services or not.
When You use the Platform to engage in interactive gaming or sports wagering, You are further representing and warranting that all of the following are true:
Underage gambling is a criminal offense, and any person under the age of 21 who engages in online wagering, or any person who facilitates or enables someone under the age of 21 to gamble, has committed a criminal offense, is subject to criminal prosecution, shall be prohibited from internet gaming, and will be subject to disciplinary action.
Moreover, it is a Federal offense for persons physically located outside of this Commonwealth to engage in interactive gaming or sports wagering through a certificate holder or operator unless explicitly authorized by the Board or an interactive gaming reciprocal agreement.
If we determine that You do not meet the eligibility requirements of these Terms, then You are not authorized to access or participate in interactive gaming and/or sports wagering, as may be appropriate, on our Platform. FBG may require You to provide proof that You are eligible to use the Services according to this Section prior to receiving winnings from interactive gaming or sports wagers. This includes requesting that You fill out an affidavit of eligibility or other verification information.
If FBG otherwise determines that You do not meet the eligibility requirements of this Section, in addition to any rights that FBG may have, FBG reserves the right to terminate Your Account, restrict Your Account from accessing or participating in interactive gaming or sports wagering, withhold or revoke the awarding of any winnings associated with Your Account, limit Your ability to withdraw, or take any other action that FBG deems appropriate.
You must register for an account to use the Services and otherwise participate in interactive gaming or sports wagering (an “Account”). The first step in the Account registration process is to create and/or enter Your Fanatics ID by providing Your email and selecting or entering a password. The second step after You create or enter Your Fanatics ID is You will be prompted to further verify your identity and create an Account to place bets. You agree to provide true, accurate, current and complete information (“Verification Data”) about Yourself as prompted and to maintain and promptly update the Verification Data to keep it accurate, current and complete. Verification Data may include a valid mailing address, date of birth, and Social Security number, as well as any other information FBG may require 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 information about You at any time, including after your Account has been registered. You consent to have FBG confirm Your age and identity. If You provide any information that is inaccurate, not current or incomplete, or FBG has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, FBG may deny You access to Services, or terminate Your Account, in its sole discretion.
You may only establish, maintain, use and control one (1) Account on our Platform. An Account can only be owned, maintained, used and controlled by one individual. Users may not “co-own” Accounts on the Services. Accounts are non-transferable and are solely for personal use. You are prohibited from allowing any other person to access or use Your Account. If FBG believes You have opened, maintained, used or controlled more than one Account or are making illegal or improper use of such Account, in addition to any other rights that FBG may have, FBG reserves the right, in its sole discretion, to suspend, limit, or terminate any or all of Your Accounts and terminate, withhold or revoke the awarding of any winnings or prizes. In such circumstances, FBG may also report such activity to relevant authorities.
At the time of registration for an online Account, You must provide a valid email address and password to be used with Your Account. If we enable features that allow You to create a username, You may not use an email address or username that promotes a commercial venture or which FBG in its sole discretion deems offensive or otherwise inappropriate. You are responsible for maintaining the confidentiality of Your password, and are fully responsible for all uses of Your Account, including Your Fanatics ID, username (if any) and password, whether by You or others. You agree to (a) keep Your Account, including Your Fanatics ID, username and password confidential and not to share them with anyone else; (b) immediately notify FBG of any unauthorized use of Your Account, including Your Fanatics ID, username and password or Account or any other breach of security; and (c) use only Your own Account, including Your Fanatics ID, username and password to access the areas of the Services that require same. Fanatics Sportsbook is not liable for any loss or damage arising from Your failure to comply with this Section.
You acknowledge and agree that FBG is authorized to act on instructions received through the use of Your Account, including Your Fanatics ID, username (if any) and password, and that FBG may, but is not obligated to, deny access or block any transaction made through use of Your Account without prior notice if it believes that Your Account is being used by someone other than You, or for any other reason. FBG may require You to change Your Fanatics ID, username (if any), password, or may unilaterally change the same. You need to set up strong authentication login protection. FBG recommends that You consider the security of the passwords, refrain from using the same passwords used to access other sites, change passwords on a frequent basis and use multi-factor authentication.
In the event you lose or wish to change your authentication credentials, specifically your Fanatics ID and password, you can use the self-service “Password Reset” option that is available on the login screen or contact our customer support at support@betfanatics.com.
You must have a positive balance in Your Account to place a bet or play a game. You will not be able to place any bets in an amount greater than the total balance in Your Account. We do not permit Your Account to have a negative Account balance. We reserve the right to limit the amount You can deposit into Your Account for any reason, or to otherwise limit the amount You can bet. You agree to abide by those limits.
You may use any method available and accepted by the Platform to deposit money into Your Account which, depending on the state of operation, may include and may not be limited to banks, credit cards, third party electronic payment processors and financial institutions (“Third Party Providers”). Please remember that Third Party Providers, including financial institutions, may charge fees for such deposits. You represent and warrant that: (a) You are the legal owner of any money You deposit into or request a withdrawal or refund from Your Account and that such money is not connected and did not originate from any illegal activity or source; (b) all payments to Your Account are authorized and You will not try to reverse a payment or take an action that would cause such payment to be reversed in an effort to avoid any legitimate liability; and (c) You understand and agree that all transactions may be checked for any suspicious activity, including money laundering and that such activity may be reported by us to the appropriate authorities.
By initiating a deposit into or withdrawal or refund from Your Account, You authorize FBG to instruct Third Party Providers (such as Your bank or card issuer) to handle deposits, withdrawals, and refunds from Your Account and agree that FBG may provide such Third Party Providers Your personal information as needed to complete the transaction.
You agree that we are not legally responsible for any acts or omissions of any Third Party Providers in processing Your deposit or withdrawal and You further agree to be obligated by the terms and conditions of use of each applicable Third Party Provider. If there is a disagreement between these Terms and the terms and conditions of any Third Party Provider, these Terms prevail. FBG is not responsible for any fees charged to You by Third Party Providers related to Your deposits, withdrawals or refunds.
If You use the Services for interactive gaming or sports wagering, all winnings You obtain will be added to Your Account balance, and such funds will be held in a separate, segregated bank account. Your withdrawals of winnings will be made from this segregated bank account. These funds belong to You, subject to any anti-fraud checks, or other reviews of prohibited conduct as described herein. Subject to such checks, You may close Your Account and withdraw Your winnings and/or request a refund of unplayed deposits from Your Account at any time and for any reason. Fanatics Sportsbook may not use Your winnings to cover its operating expenses or for other purposes. Your withdrawals of winnings will be made from this segregated bank account.
FBG has a number of controls and checks in place during the withdrawal process. To protect your funds, FBG implements a number of security checks before any withdrawal or refund request is processed. FBG reserves the right to withhold any withdrawal or refund until these checks have been completed. There may be some delays if a withdrawal or refund is requested outside of business hours. We generally expect withdrawals and refunds to be processed within twenty-four (24) hours, however they may take up to five (5) working days.
You have the right to review all your gaming activity under "Transaction History," which details a user's deposit, withdrawal, and betting activity, and Responsible Gambling limits for the past twenty-four (24) months.
FBG shall consider an interactive account to be dormant if there is no activity (logins, game play, withdrawals, contacts with customer service) for two years. A dormant account shall be closed by FBG. Upon closure of a dormant account, FBG shall make reasonable efforts to contact the account holder to return any unclaimed funds as required by PGCB Sec. 812a.13(b). FBG shall provide notification to the player at the player's registered email address if the player's interactive gaming account remains dormant for 1 year. Any funds remaining on deposit in a player's dormant gaming account and for which the player has not requested payment will be marked as abandoned once 60 days have passed from when the notice of inactivity was provided. FBG will then report abandoned funds from dormant accounts in accordance with the rules and regulations on abandoned and unclaimed property set forth by the Pennsylvania Treasury, Bureau of Abandoned and Unclaimed Property.
All bonuses and winnings earned from wagering with Bonuses (as defined below) will be forfeited from any Account to which a deposit has not been made within 60 days of establishing such Account.
FBG offers tools to encourage responsible player behavior. Our Platform offers a number of self-imposed gaming limitations, including:
You may set such limitations Yourself directly in FBG. FBG may also limit, suspend or close Your Account for matters related to responsible gaming when detected by FBG or presented to FBG though a Customer Support contact or other user contact.
Upon a user completing the self-exclusion process (or a user becoming otherwise excluded), the system immediately logs the user out of the Platform and terminates his or her session. FBG will cancel any pending wagers for users who are involuntarily excluded by the Board or who self-exclude via the Board’s self-exclusion program. Except as may otherwise be required by applicable law, self-exclusion will apply to the FBG interactive gaming and sports wagering services. Our system automatically reviews a list maintained by FBG of the names and other related personal information of persons voluntarily excluded and compares it to FBG’s user Accounts. Self-excluded users may not make wagers, collect winnings, or recover losses. As required by the applicable law or regulation, FBG will share information on self-excluded users with applicable gaming regulators through a secure file transfer. Upon self-exclusion, a user will receive a refund of the cash balance in the Account. Our Responsible Gambling page is available here.
FBG reserves the right to cancel or void any bets, in its sole discretion and in accordance with applicable law. If You have placed a wager on the Platform and FBG cancels the wager for reasons other than Your violation of these Terms, engagement in prohibited activities, or any other activity FBG reasonably believes is suspicious, FBG will credit Your Account balance for the amount of the initial wager. In addition, while FBG will take reasonable measures to guarantee the accuracy of the wagering information offered on its Platform or bets placed using its Services, FBG reserves the right to cancel and void any bets if, in its sole discretion, there is an obvious error with the bet as set forth in the House Rules or any of the Agreements.
FBG may disqualify You from a bet, withhold access to all wagering, withhold access to the any or all Services, refuse to award winnings, require the return of any winnings, or suspend, limit, or terminate Your Account if You engage in conduct FBG deems, in its sole discretion, to be improper, unfair, fraudulent or otherwise adverse to the operation of the Services or in any way detrimental to other users. Improper conduct includes, but is not limited to:
You acknowledge that the forfeiture and/or return of any winnings shall in no way prevent FBG from informing the relevant authorities, and/or pursuing criminal or civil proceedings in connection with such conduct.
Fanatics Sportsbook reserves the right to recover bad debts using any method lawfully available including, but not limited to, (i) debiting the amount owed by You from Your Account; and (ii) instructing third party collections agencies to collect the debt.
If, for any reason, interactive gaming or sports wagers are not able to be placed as originally planned (e.g., if the Platform becomes corrupted or does not allow the proper usage and processing of wagers in accordance with the House Rules or Game Rules), FBG 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 bets. If such cancellation, termination, modification or suspension occurs, notification may be posted on the Platform, otherwise through the Services, via email or by such other means as we may reasonably elect to use.
Subject to applicable law and our Privacy Policy, by placing a wager on the Platform, You grant license and consent to the use of Your name, voice, likeness, image, city/state, photograph or video by FBG, its service providers, and its business partners in connection with the development, production, distribution and/or exploitation (including marketing and promotion) of the Services, including any components thereof, and/or FBG generally, unless otherwise prohibited by law. FBG, its service providers, and its business partners reserve the right to make public statements about any wagering participants and winner(s) on the Platform, in any media channels, including but not limited to the Platform, Internet/social media, and TV whether existing herenow or hereafter invented, at any time in connection with the wagering event in which participants engaged. You agree You are not entitled to any fee and will not impose other conditions on the fulfillment of these obligations, and expressly release and waive any claims related to FBG’s use of the license granted in this Section.
It is Your responsibility to fully understand the terms of the bet You are placing. When You place a bet, You agree that You shall be subject to the House Rules and Game Rules in effect at the time. It is Your responsibility to read and acquaint Yourself with our House Rules and Game Rules. Please note that the House Rules govern the terms of any bet, and FBG Customer Service representatives may not alter the terms of any bet presented through the Platform.
When placing a bet, You are responsible for ensuring that all of the details of the bet are correct. Once a bet has been placed, You cannot cancel the bet.
You fully accept and agree that if there is a discrepancy between the results displayed in Your Account and those displayed in FBG’s servers, the results displayed on FBG’s server shall govern. You understand and agree that FBG’s records will be the final authority in determining such matters.
We are not responsible for technical, hardware, network connections, or incomplete or delayed computer transmissions, regardless of cause.
Game misuse voids all wagers. Any game, system or Platform malfunction voids all wagers. In the event of any end-user or human or Platform, or third-party service provider system or communication error, failure, malfunction, bug, damage, or virus relating to account settlement, settlement of wagers, or other elements of the service by FBG or applicable third-party vendors, or resulting in the loss of data or winnings (including progressive jackpots) or bonuses or anything similar, the company shall in no way be liable to You. The company shall void all games in question and payments (whenever such human, end-user, system or communication error, failure, malfunction, bug, damage, or virus is discovered) in relation thereto, and may take any other corrective actions necessary to rectify such errors.
If You becomes disconnected from a game while the game is in progress and a bet has not been struck, any bets placed will be void and the bet will be returned to You. If You become disconnected after a bet is received, the placed bet remains valid and will be settled when you next launch the game, or in Your absence, at any time in our discretion. Upon reconnection, You may view bet outcomes in the game history or history window. FBG may liaise with any third-party game provider as applicable to verify the accuracy of the settlement and take corrective actions as necessary.
You may be awarded bet credits or similar promotions (collectively, “Bonuses”) which You can use for gaming using FBG’s Services, or on other platforms, as we may permit. Bonuses cannot be withdrawn from Your Account. Only the winnings attributed to Bonuses can be withdrawn, as per applicable wagering requirements.
FBG reserves the right to remove Bonuses and refund the remaining balance should You breach the rules and/or the terms and conditions of the specific promotion. It is Your responsibility to read and understand the terms of any Bonuses which will be made available whenever a bonus offer is made to You. Awards of FanCash shall not be considered Bonuses for purposes of this Section.
Nothing in this Section shall prohibit or limit FBG’s ability to reverse and/or reclaim any Bonuses issued or awarded to You based upon failures, errors, manipulations, or fraudulent or dishonest activities.
To the extent that FBG offers “live” statistics during gameplay, all “live” statistics and other information provided through the Platform are unofficial. Live sports statistics are offered for informational and/or entertainment purposes only and are not used to determine the results of a sporting event or contest or the results of any wager. Neither FBG nor its third party service providers warrant or make any representations of any kind with respect to the game statistics and live scoring information provided through the Services. FBG 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 Platform and shall not be responsible or liable for any error or omissions in that information.
Wager results and winnings are based on the final statistics and scoring results at the completion of the sporting event or other contest (or relevant portion thereof). Once game results are reviewed and graded, winnings or other prizes will be awarded. The scoring results of a wager will not be changed regardless of any official statistics or scoring adjustments made by the leagues at later times or dates, except in FBG’s sole and absolute discretion.
Subject to FBG verifying Your compliance with the Terms and any other conditions of participation, at the conclusion of each wager (e.g., when all relevant events have concluded), FBG shall use commercially reasonable efforts to award the winnings to Your Account within a reasonable amount of time.
To determine Your eligibility to use the Services, FBG must determine Your location using one or more reference points, such as GPS, IP address, beacons and/or software within Your personal computer, mobile device, consumer electronics device, or any other equipment. If You have set Your device(s) to disable GPS, Bluetooth, or other location determining software, use connection methods or systems that mask Your location, or do not authorize the Services to access Your location data, the Services may not be able to determine Your location and You will not be able to access the Services. FBG reserves the right to suspend or terminate Your Account if You prevent the Services from accurately determining Your location. You consent to the monitoring and recording by FBG, Mountainview Thoroughbred Racing Association, LLC d/b/a Hollywood Casino at Penn National Racecourse and Moutainview Thoroughbred Racing Association, LLC d/b/a Hollywood Casino York, and/or the Pennsylvania Gaming Control Board of any geographic location information. For more information about how the Services collects, uses, and retains Your information, please read the FBG’s Privacy Policy.
Subject to Your compliance with these Terms, FBG grants You a limited, non-exclusive, and non-transferable license to download and install a copy of FBG’s mobile app on a device that You exclusively control and to run such copy of the mobile app solely for Your own personal use. FBG reserves all rights in and to the FBG mobile app (and otherwise to the Services) not expressly granted to You under these Terms.
If You have downloaded the FBG mobile app(s), You agree to promptly download and install any new version that FBG makes available. You understand that a failure to promptly update a new version of the app may, in some cases, expose You to increased security risks or Services malfunctions and may prevent You from placing wagers, or otherwise using the Services.
FBG may request that You provide updated Account details for tax reporting purposes. This information will be used for compliance with tax regulations and may be shared with appropriate tax authorities. You, not FBG, are responsible for filing and paying applicable state and federal taxes on any winnings. Notwithstanding the forgoing, we may withhold federal and state taxes from certain winnings as required by applicable law or regulation, including but not limited to where required as a result of debts owed to the state. FBG does not provide tax advice, nor should any statements in these Terms or on the Services be construed as tax advice.
For more information on the rules governing FBG’s interactive gaming or sports wagers, please carefully review the House Rules and Game Rules, which shall be posted on the Platform.
P. Streaming
If You are accessing any video streams of sports games through the Fanatics Sportsbook app (“Bet and Watch”), You further agree to the following:
Certain provisions of the Terms may be superseded by expressly designated legal notices, rules or other terms located on particular pages of the Platform or otherwise made available through the Services, and, additionally to participate in or use certain promotions, discounts or coupons that may be run from time to time with respect to the Services (“Offer(s)”), You may be required to agree to additional or different terms and conditions (“Additional Terms”). Some Offers also may be subject to additional requirements or restrictions imposed by us or participating third parties, such as the vendors or other merchants that issued, sponsored, or are associated with the Offer or the exclusion of merchandise from an Offer which shall also be part of the Additional Terms. Your redemption of the Offer or use of such pages constitutes Your unconditional acceptance of the Additional Terms. If there is an actual conflict between these Terms and any Additional Terms, the Additional Terms shall control and the non-conflicting provisions in these Terms will continue to apply. For the sake of clarity, silence with respect to a particular term in either these Terms or any Additional Terms does not constitute a conflict.
If an Offer does not contain Additional Terms, then only these Terms apply. Under these Terms, unless otherwise prohibited by law, any Offer is not valid for cash or cash equivalents and is limited to one Offer per person, household, or address. We reserve the right to limit, change, or cancel any Offer or associated transaction, without prior notice, even after You have attempted to redeem the Offer or placed Your associated order.
You may only use the Services as authorized and not for any illegal or unlawful purpose. Any unauthorized use or violation of these Terms may immediately and automatically terminate Your right to use and access the Services and may subject You to legal liability. Appropriate legal action may be taken for any illegal or unauthorized use of the Services. In addition to the conduct described in Section 2(G) above, some other examples of unauthorized, illegal, or unlawful use of the Services include, but are not limited to:
We may remove any unauthorized content, links, etc. without notice.
FBG may at times offer FanCash or other, similar programs. Where offered, FanCash benefits shall be subject to the applicable FanCash Program Terms. We reserve the right to discontinue the FanCash Program or modify the terms applicable to FanCash Program at any time.
The Services may provide You with links or other access to other websites, services, products or content of third parties, including the Other Platforms, as defined in Section 9 below (“Third Party Sites”). We have no control over, and do not necessarily endorse, any Third Party Site's services, products or content. You acknowledge and agree that You access such Third Party Sites at Your own risk and are wholly responsible for making Your own independent judgment regarding Your use or interaction with the same. We recommend that You read the terms of service and privacy policies of each Third-Party Site that You access.
You have read and acknowledge our collection, use and sharing of Your information, including personal information, as set forth in our Privacy Policy.
Subject to the express exception below, the Services, and all content of the Services (including, without limitation, text, graphics, scripts, sounds, interactive features, icons, images, clips and software), is protected by copyright, trademark, and other laws. Names, logos, taglines, icons, and marks on the Platform are the exclusive property of FBG and/or one of its affiliates, all rights reserved, and may not be used by You without our prior written permission. Unless otherwise indicated, all other intellectual property appearing on the Platform is the property of its respective owner. We reserve all rights not expressly granted in and to the Platform’s content and the Services.
Exception: Subject to Your strict compliance with these Terms and the other Agreements, Fanatics Sportsbook grants You a limited, personal, revocable, non-transferable, non-sublicensable license to: (i) download (temporary storage only), display, view, use, and/or play the content on its Platform on a personal computer, mobile phone, or other Internet enabled device for Your personal, non-commercial use only; and (ii) to use certain content that we may make available on the Services for such purposes as may be explicitly stated at the time that the content is made available. The foregoing limited license may be immediately suspended or terminated for any reason, in FBG’s sole discretion, and without advance notice or liability. Except with our express, written permission, You are prohibited from copying any of the content on the Platform.
Users may be able to post content in certain areas on the Platform or on other websites or platforms that we own or operate, including on social media platforms such as Facebook, Instagram, Twitter, Pinterest, TikTok, and Snapchat (“Other Platforms”). You are solely responsible for any content (including, without limitation, photos, artwork, videos, text, graphics, and other information) You upload, post, display or otherwise provide to us through the Platform or Other Platforms (“User Content”). Any User Content You post or provide, including any questions, reviews, comments and suggestions, will be treated as non-confidential and non-proprietary. By sharing User Content with us, You grant us a worldwide, royalty-free, perpetual, irrevocable and transferable right to use, copy, reproduce, perform, distribute, display, publish, sell, and create derivative works of, the User Content, and to grant and authorize sub-licensees of the foregoing. Additionally, we shall be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including, without limitation, developing, manufacturing, and marketing products and services which incorporate such User Content. You further agree that this means that any User Content may appear on sites other than the Platform through which You submitted Your User Content including but not limited to Other Platforms. You represent and warrant that: (a) You own the User Content posted by You on the Services or otherwise have the right to grant the license set forth in this Section 9; (b) Your User Content does not violate the privacy rights, publicity rights, intellectual property rights, or any other rights of any person or entity; and (c) the posting of User Content does not result in a breach of any contract between You and a third party. You agree that You will not use a false or misleading email address, impersonate another person or entity or otherwise mislead with respect to any User Content. You agree that you will not post User Content that is, as determined by FBG, offensive, defamatory, sexually explicit or otherwise objectionable, or that is intended or reasonably likely to disparage FBG k or bring FBG into public disrepute. You agree to pay for all royalties, fees and other monies owing to any person by reason of any User Content You post. We are under no obligation to screen or monitor User Content but may review User Content from time to time at our sole discretion to review compliance with these Terms. You consent to the monitoring and recording by FBG, Mountainview Thoroughbred Racing Association, LLC d/b/a Hollywood Casino at Penn National Race Course and Moutainview Thoroughbred Racing Association, LLC d/b/a Hollywood Casino York, and/or the Pennsylvania Gaming Control Board of any User Content or other wagering communications information. We may reject, refuse to post, edit, or remove any User Content at any time without notice, for any or no reason.
We do not accept any unsolicited feedback related to the Platform from outside FBG including without limitation suggestions about advertising or promotions, or merchandising of any products, additions to our Services, or changes in methods of doing business. We may already be working on or may in the future work on a similar idea. If, notwithstanding this policy, You submit an unsolicited idea to this Platform, You understand and acknowledge that FBG has no obligation to acknowledge Your submission, such feedback is not submitted in confidence and we assume no obligation, expressed or implied, by considering it, and no confidential relationship is established between You and FBG. By submitting Your feedback or idea, You represent that You are authorized to do so, and Your submission does not include the confidential information, proprietary know-how, trade secrets, or other intellectual property of any other person or party. FBG’s use or distribution of Your submission or any portion thereof will not give rise to any claims against FBG or its affiliates and will be without compensation to You. You hereby grant us an irrevocable, perpetual, world-wide right (including intellectual property right) in the feedback or idea, to be used in any medium now known or hereafter developed, without compensation to You.
In addition to any right or remedy that may be available to us under these Terms or under applicable law, we may limit, suspend, or terminate Your access to the Platform or Other Platforms (including, without limitation, Your Account registration and Your ability to post User Content), at any time, with or without notice, and with or without cause. We also may refer any information on illegal activities, including Your identity, to the proper authorities.
These Terms shall remain in full force and effect while You use or access the Services or have an Account with us. If You would like to terminate Your Account please contact us at support.betfanatics.com.
Survival. Sections 2, 7, 8, 9, 10, 11, 12, 13, 14, 15, 19, 20, 21, and 22, together with all other terms which by their nature should reasonably be interpreted as surviving, shall survive any termination of these Terms.
In exchange for the right to participate in the Services, You agree to defend (at our option), indemnify and hold harmless us, our subsidiaries, affiliates, suppliers, and licensors and each of our respective officers, directors, agents, partners and employees (the “FBG Parties”) from any loss, liability, claim, or demand, including reasonable attorneys' fees and costs of suit including experts’ fees, due to or arising out of (i) injuries, damages, or losses to persons and property which may be sustained in connection with participation in any wagering transactions, the receipt, ownership, use or misuse of any winnings or while preparing for, participating in and/or traveling to or from any Services related activity, and any claims based on publicity rights, defamation, or invasion of privacy; (ii) Your User Content; (iii) Your use of the Services and Your activities in connection with the Services (including Your use of the Services in violation of these Terms); (iv) Your breach or anticipatory breach of these Terms; (v) Your violation or anticipatory violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with Your use of the Services, participation in any wagering transactions, and Your other activities in connection with the Services; (vi) information or material transmitted through Your Account, even if not submitted by You, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vii) any misrepresentation made by You; and (viii) our use of the information that You submit to us (including Your User Content and Registration Data) (all of the foregoing, “Indemnifiable Claims and Losses”). We may, in our sole and absolute discretion, require any winner to execute a separate release of claims similar to the one listed above in this Section as a condition of being awarded any bet or receiving any pay-out.
You will cooperate as fully required by us in the defense of any Indemnifiable Claim and Losses. Notwithstanding the foregoing, we retain the exclusive right to settle, compromise, and pay any and all Indemnifiable Claims and Losses. We reserve the right to select counsel and assume the exclusive defense and control of any Indemnifiable Claims and Losses. You will not settle any Indemnifiable Claims and Losses without, in each instance, the prior written consent of an officer of FBG. You are responsible for repaying us for any Indemnifiable Claim or Loss.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ARE RESPONSIBLE FOR COMPLYING WITH THE AGREEMENTS AND ALL APPLICABLE LAWS WITH RESPECT TO THE USE OF THE SERVICES. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, THE SERVICES, INCLUDING ALL INFORMATION AND CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THEM, ARE MADE AVAILABLE TO YOU "AS IS" WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY: (A) THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (B) THAT DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED; (C) THAT THE SERVICES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; (D) AS TO THE QUALITY, ACCURACY, COMPLETENESS AND VALIDITY OF ANY INFORMATION OR MATERIALS RELATING TO THE SERVICES; (E) THAT YOUR USE OF THE SERVICES, INCLUDING SERVICES AND/OR LINKS PROVIDED BY THIRD PARTIES, WILL MEET YOUR REQUIREMENTS; OR (F) THAT TRANSMISSIONS OR DATA WILL BE SECURE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR THE USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS.
EXCEPTIONS: SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR WARRANTIES AND LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
YOU UNDERSTAND AND AGREE THAT FBG LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE SERVICES AS SET FORTH BELOW: UNDER NO CIRCUMSTANCES SHALL FBG OR ANY OTHER FBG PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THE SERVICES, INFORMATION OR OTHER CONTENT ON THE PLATFORM, OR YOUR UPLOAD INFORMATION; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE SERVICES; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY FBG OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SERVICES OR INFORMATION OR OTHER CONTENT ON THE PLATFORM; (4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS OR OTHER INTELLECTUAL PROPERTY RIGHTS HOLDER; OR (5) ANY ERRORS OR OMISSIONS IN THE SERVICES’ TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE FBG PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, PANDEMIC, TERRORISM, TRADE OR LABOR DISPUTE, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICES). IN NO EVENT WILL THE FANATICS SPORTSBOOK PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH, OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU UNDERSTAND AND AGREE THAT BY USING THE SERVICES, THERE IS A RISK YOU MAY LOSE MONEY. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK AND THE FBG PARTIES HAVE NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY CONSEQUENCES ALLEGED TO HAVE OCCURRED THROUGH YOUR USE, OR MISUSE, OF THE SERVICES.
TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE TOTAL LIABILITY OF FBG AND/OR ITS AFFILIATES IS LIMITED TO THE AVERAGE ACCOUNT BALANCE IN YOUR FBGACCOUNT OVER THE ONE HUNDRED AND EIGHTY (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. WITHOUT LIMITING THE FOREGOING, THE FBGPARTIES ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER’S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE SERVICES OR ANY OF THE CONTENT, YOU CAN DISCONTINUE ACCESSING AND USING THE SERVICES OR THE CONTENT. YOU RECOGNIZE AND CONFIRM THAT IF YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF FANATICS SPORTSBOOK’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY SERVICE OR OTHER PROPERTY OWNED OR CONTROLLED BY THE FBGPARTIES OR YOUR UPLOAD INFORMATION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY FBG SERVICES OR YOUR UPLOAD INFORMATION OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO. BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.
This provision applies to the fullest extent permissible and is subject to the Severability provision in Section 23 hereto.
Through Your use of the Services, You may have the opportunity to engage in commercial or other transactions with other users, vendors and other third parties. You acknowledge that all transactions relating to any merchandise or services offered by any third party, including but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the third party seller or purchaser of such merchandise and services and You, and that You will look solely to such third party to enforce any of Your rights. In the event of any problem with the products or services that You have purchased from a third party You agree that You will address such issues with the third party, but all limitations of liability and other rights of FBG shall apply nonetheless. We may not have the ability to accept returns or refund the purchase price for any transaction You complete with a third party through our Services. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE SERVICES FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY AND NOT BY US.
Certain aspects of the Services may incorporate third party software and other intellectual property ('Licensed Software'), including casino game software, licensed to us by various third parties ('Third Party Game Providers'). You acknowledge and agree that your use of any Licensed Software is subject to compliance with (i) these Terms and Conditions, and (ii) the applicable Third Party Game Provider's terms and conditions when using the Licensed Software, as may be amended from time to time. You further acknowledge and agree that the Licensed Software is provided "AS IS" and any expressed or implied warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular use are disclaimed by us and any applicable Third Party Game Providers. You accept that if we detect any activity which indicates to us that you are in breach of these Terms and Conditions or the terms and conditions of any Third Party Game Provider, we may, in our sole discretion, either suspend or permanently close your account.
Software made available to You by Fanatics Sportsbook (the "Software"), if any, is subject to U.S. export controls. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at Your sole risk.
To the extent permitted by law, these Terms will be governed by, and interpreted in accordance with, the laws of the Commonwealth of Pennsylvania, without regard for its choice of conflict of law principles. Please note that this means that Pennsylvania law shall apply to these terms and all Services.
For any Claims (defined below) that are not subject to arbitration, if any: (a) the exclusive jurisdiction and venue for proceedings involving Claims shall be Federal or State courts of competent jurisdiction sitting within the Commonwealth of Pennsylvania (the "Forum"), and You and we hereby waive any argument that any such court does not have personal jurisdiction or that the Forum is not appropriate or convenient; (b) You and we waive any and all rights to trial by jury with respect to any such Claims.
PLEASE READ THESE "BINDING ARBITRATION" AND "CLASS WAIVER" PROVISIONS CAREFULLY, BECAUSE THEY REQUIRE YOU TO ARBITRATE ALL DISPUTES WITH FANATICS SPORTSBOOK AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF. ARBITRATION DOES NOT INVOLVE A JUDGE OR JURY.
You and Fanatics Sportsbook (each a “party” and collectively, the “parties”) agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost, and mutually beneficial outcome. The parties therefore agree that, before either party demands arbitration against the other, we will individually and personally meet and confer, by telephone or videoconference, in a good-faith effort to resolve informally any claim covered by this Section 20 (the “Arbitration Agreement”). Multiple individuals with disputes cannot participate in the same informal telephonic dispute resolution conference. If You are represented by counsel (which such representation will be at Your sole cost and expense), Your counsel may participate in the conference, but You shall also fully participate in the conference. The party initiating the claim must give notice to the other party in writing of their intent to initiate an informal dispute resolution conference, which shall occur within 30 days after the other party receives such notice, unless an extension is mutually agreed upon by the parties.
To notify FBG that You intend to initiate an informal dispute resolution conference, write to Fanatics Betting & Gaming, 95 Morton Street, New York, NY 10014, ATTN: FBG Legal Department, providing Your name, the telephone number(s) associated with Your Account, the email address(es) associated with Your Account, and a description of Your claim.
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 condition to either party initiating an arbitration claim as provided in Section 20. If the parties do not reach an agreed upon solution within a period of 45 days from the time informal dispute resolution begins, then either party may file an unresolved complaint with the Pennsylvania Gaming Control Board, or initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. The aforementioned informal dispute resolution process is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding. The parties agree that any relevant limitations period and filing fees or other deadlines will be tolled while the parties engage in this informal dispute resolution process.
As a condition of using the Services, You and we agree that except as expressly provided in Section 20(C), any and all past, pending, or future disputes, claims and causes of action (collectively, “Claims”) arising out of or connected with the Services or the Agreements (including without limitation any dispute concerning the breach, enforcement, construction, validity, interpretation, enforceability, or arbitrability of these Terms) shall be resolved exclusively by binding arbitration administered by National Arbitration and Mediation (“NAM”) and before a single arbitrator, except as set forth below. If NAM is not available to arbitrate, the parties will mutually agree upon an alternative arbitration provider within sixty (60) days. Except as modified by this Section 20 provision, NAM will administer the arbitration in accordance with the NAM Comprehensive Dispute Resolution Rules and Procedures, Fees For Disputes When One of the Parties is a Consumer and the Mass Filing Dispute Resolution Rules and Procedures in effect at the time any demand for arbitration is filed with NAM, excluding any rules or procedures governing or permitting class or representative actions. The applicable NAM rules and procedures are available at www.namadr.com or by emailing National Arbitration and Mediation’s Commercial Dept at commercial@namadr.com. In the event of any dispute concerning the scope or applicability of the Arbitration Provisions of these Terms, You and FBG agree that the arbitrator exclusively shall have the power to rule on his or her own jurisdiction over the Claim, including any objections with respect to the existence, scope or validity of the arbitration agreement or to the arbitrability of the claims or counterclaims presented as part of the Claim.
This Arbitration Agreement is governed by the Federal Arbitration Act ("FAA") in all respects and evidences a transaction involving interstate commerce. You and Fanatics Sportsbook expressly agree that the FAA shall exclusively govern the interpretation and enforcement of this Arbitration Agreement. If for whatever reason the rules and procedures of the FAA cannot apply, the state law governing arbitration agreements in the state in which You reside shall apply.
The alleged invalidity of the Terms shall have no effect upon the validity of our mutual agreement to arbitrate any Claims under this Section. In addition, if any portion of this Section is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect consistent with Section 23 of these Terms.
You and FBG shall maintain the confidential nature of the arbitration proceedings and the arbitration award, including the arbitration hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
Although court review of an arbitration award may be limited, an arbitrator is empowered to award the same damages and relief as a court, including injunctive relief or statutory damages. Notwithstanding the foregoing, either party may seek temporary or emergency equitable relief to enforce its rights in any court of competent jurisdiction.
Notwithstanding the parties' decision to resolve all Claims through arbitration, each party retains the right to (i) elect to have any Claims resolved in small claims court on an individual basis for Claims and actions within the scope of such court’s jurisdiction, regardless of what forum the filing party initially chose; (ii) bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” in this context means patents, copyrights, moral rights, trademarks, and trade secrets and other confidential or proprietary information, but not privacy or publicity rights); and (iii) seek a declaratory judgment, injunction, or other equitable relief in a court of competent jurisdiction regarding whether a party's claims are time-barred or may be brought in small claims court. Seeking such relief shall not waive a party's right to arbitration under these Terms, and any filed arbitrations related to any action filed pursuant to this paragraph shall automatically be stayed pending the outcome of such action.
YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO SUE OR GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS CONTRACT. YOU AND WE ALSO AGREE THAT (A) ANY CLAIMS WILL BE RESOLVED INDIVIDUALLY AND ONLY FOR YOUR LOSSES ONLY AND NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE, MEMBER OF OTHERWISE ON BEHALF OF OTHERS IN ANY PROPOSED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING AND NOT THROUGH ANY CLASS ACTION, (B) IF A CLAIM PROCEEDS IN COURT ANYWAY, WE BOTH WAIVE ANY RIGHT TO A JURY TRIAL; AND (C) EITHER YOU OR WE MAY SEEK A COURT INJUNCTION OR OTHER EQUITABLE RELIEF REGARDING INTELLECTUAL PROPERTY INFRINGEMENT. ARBITRATION DOES NOT INVOLVE A JUDGE OR JURY.
If there is a final judicial determination that applicable law precludes enforcement of this Section’s limitations as to a particular remedy, then that remedy (and only that remedy) must be severed from the arbitration and may be sought in court. The parties agree, however, that any adjudication of remedies not subject to arbitration shall be stayed pending the outcome of any arbitrable claims and remedies.
If there is a final judicial determination that either the class arbitration action and collective relief waiver or the provisions in this Section 20 are not enforceable as to a particular claim or request for relief, then the parties agree that that particular claim or request for relief may proceed in court but shall be severed and stayed pending arbitration of the remaining claims. This provision does not prevent You or Fanatics Sportsbook from participating in a class-wide settlement of claims.
YOU MAY OPT OUT OF THESE ARBITRATION AND CLASS ACTION PROVISIONS BY FOLLOWING THE INSTRUCTIONS BELOW. IF YOU DO NOT OPT-OUT, THESE TERMS WILL APPLY RETROACTIVELY TO ALL CLAIMS YOU MAY POSSESS, WHETHER ASSERTED TO DATE OR NOT.
IF YOU DO NOT WISH TO AGREE TO THIS SECTION OF THE TERMS 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 THESE TERMS BY PROVIDING WRITTEN NOTICE TO FANATICS BETTING AND GAMING, 95 MORTON STREET, NEW YORK, NY 10014, ATTN FBG LEGAL DEPARTMENT. THIS WRITTEN NOTICE MUST BE SIGNED BY YOU, AND NOT YOUR ATTORNEY, AGENT OR REPRESENTATIVE AND CONTAIN YOUR FULL NAME, ADDRESS, AND THE WORDS “OPT OUT” IN THE SUBJECT OF THE LETTER.
Following the conclusion of the initial dispute resolution process required by this Section, You may seek arbitration of a Claim by contacting our registered agent Corporation Service Company at their New York address (https://apps.dos.ny.gov/publicInquiry/#search), attn: FBG Enterprises Opco, LLC, with a copy to Fanatics Betting and Gaming, 95 Morton Street, New York, NY 10014, Attn: FBG Legal Department. By signing the demand for arbitration, counsel certifies to the best of counsel’s 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 nonfrivolous 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.
The arbitration may be conducted via telephone, written submissions or in person in a mutually agreed location. If the parties cannot mutually agree to a location for in person hearings or proceedings, such proceedings shall take place within the Commonwealth of Pennsylvania at a location specified by the arbitrator. You are responsible for Your own attorneys' fees unless the arbitration rules and/or applicable law provide otherwise. The parties agree that NAM has discretion to reduce the amount or modify the timing of any administrative or arbitration fees due under NAM’s Rules where it deems appropriate (including as specified in Section 20), provided that such modification does not increase the costs to You, and You further agree that You waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by NAM does not constitute a default, waiver, or breach of this Section 20 while such challenge remains pending before NAM, the arbitrator, and/or a court of competent jurisdiction, and that any and all due dates for those fees shall be tolled during the pendency of such challenge. You and we further agree that an award and any judgment confirming it only apply to the arbitration in which the award was awarded and cannot be used in any other proceeding except to enforce the award itself and any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the Commonwealth of Pennsylvania, or the United States District Courts located in Philadelphia, Pennsylvania.
To increase the efficiency of administration and resolution of arbitrations, if 100 or more similar arbitration demands (those asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief) presented by or with the assistance or coordination of the same law firm(s) or organization(s) are submitted to NAM (or another arbitration provider selected in accordance with Section 20(B) if NAM is unavailable) against Fanatics Sportsbook within reasonably close proximity ("Mass Filing"), the parties agree (i) to administer the Mass Filing in batches of 100 demands per batch (to the extent there are fewer than 100 arbitration demands left over after the batching described above, a final batch will consist of the remaining demands) with only one batch filed, processed, and adjudicated at a time; (ii) to designate one arbitrator for each batch; (iii) to accept applicable fees, including any related fee reduction determined by NAM (or another arbitration provider selected in accordance with Section 20(B) if NAM is unavailable) in its discretion; (iv) that no other demands for arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the prior batch of 100 is filed, processed, and adjudicated; (v) that fees associated with a demand for arbitration included in a Mass Filing, including fees owed by FBG and the claimants, shall only be due after Your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; and (vi) that the staged process of batched proceedings, with each set including 100 demands, shall continue until each demand (including Your demand) is adjudicated or otherwise resolved. Arbitrator selection for each batch shall be conducted to the greatest extent possible in accordance with the applicable NAM rules and procedures for such selection, and the arbitrator will determine the location where the proceedings will be conducted.
You agree to cooperate in good faith with FBG and the arbitration provider to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including the payment of combined reduced fees, set by NAM in its discretion, for each batch of claims. The parties further agree to cooperate with each other and the arbitration provider or arbitrator to establish any other processes or procedures that the arbitration provider or arbitrator believe will provide for an efficient resolution of claims. Any disagreement between the parties as to whether this provision applies or as to the process or procedure for batching shall be resolved by a procedural arbitrator appointed by NAM. This “Batch Arbitration” provision shall in no way be interpreted as increasing the number of claims necessary to trigger the applicability of NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures or authorizing class arbitration of any kind. Unless FBG otherwise consents in writing, FBG does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in Section 20(B) above and this Section 20(G). If Your demand for arbitration is included in the Mass Filing, Your claims will remain tolled until Your demand for arbitration is decided, withdrawn, or is settled.
FBG will provide 30 days’ notice of any changes to this Section. Changes will become effective on the 30th day and apply to all claims not yet filed. If You continue to use the site after the 30th day, You agree that any unfiled claims of which FBG does not have actual notice are subject to the revised clause.
If You reject any such changes by opting out of the Arbitration Agreement, You may exercise Your right to a trial by jury or judge, as permitted by applicable law, but any prior existing agreement to arbitrate Claims under a prior version of the Arbitration Agreement will not apply to claims not yet filed. If FBG changes this Section 20 after the date You first accepted these Terms (or accepted any subsequent changes to these Terms), You agree that Your continued use of the Platform or other Services 30 days after such change will be deemed acceptance of those changes.
To the extent permitted by law, You and FBG agree that any Claims or lawsuits, regardless of form, arising out of or related to the Services or the Agreements 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.
Your use of the "casino" or "games" or "live dealer" portion of the Services and/or your playing of the games means that you have accepted these online casino terms and conditions, which are legally binding. Further, you acknowledge and agree to be bound by any additional rules which appear within a game, including but not limited to the aforementioned categories, including within a game's help section, game information tab, game rules, including Game Rules relating to the minimum and maximum wagers, maximum payouts, jackpots, disconnections, confirmation of bets, disconnection policies, misuse, and game malfunctions. Game Rules may also include instructions on how to play each game, and the math models utilized by the games. It is your responsibility to read the Game Rules, terms and conditions, and all policies before you play on the casino or game platform, and before you play any game. You acknowledge and accept that you may lose money when playing the games, that you are responsible for any loss, and that no amounts lost by you will be recoverable from FBG, its applicable vendors, licensors, suppliers, or partners. You agree that you play the casino and its games at your own risk.
You acknowledge and accept that random number generator software will determine game outcomes on Fanatics Casino. In the event of any discrepancy between the results displayed to you on your device and a game's records on the game server, the game server's records shall be definitive.
As soon as You become aware of an error, You shall immediately cease play and inform FBG as soon as reasonably practicable of any such error or suspected error.
You agree to refund any such winnings that may have been paid to You as a result of an error, mistake, or malfunction.
To avoid confusion, FBG, its affiliates, vendors, licensors, suppliers, or partners accept no responsibility and will not be liable for any loss resulting from delays, interruptions, or disconnection from the game server or any other causes over which any party has no control.
In the event of any game malfunction, the third-party provider that supplies the applicable game shall determine the final result of the bet and game outcome, which may include, but is not limited to voiding of the game round and return of the original stake, or the automatic settlement of the game.
FBG and/or its third-party vendors may determine maximum payouts for each game as applicable. Maximum payouts will be delineated on a game level and visibly displayed to the end-user on the platform.
Casino promotions will have their own terms and conditions which will govern your participation in the relevant promotion. These terms and conditions will be made available for each promotion as applicable.
The integrity of large wins may be verified by FBG and its applicable third-party vendors prior to the processing of a customer withdrawal or Account settlement. To the extent a large win is held for verification, You will be notified, and FBG will make reasonable efforts to process the win verification within five (5) business days.
If You are deemed or suspected of tampering, attempting to manipulate games, or taking advantage of a game, or a game malfunction or error, Your stakes and/or winnings may be forfeited or refunded, and Your Account may be reviewed to determine its ongoing eligibility to participate in the Service.
You agree that you shall not interfere, interrupt, attempt to interrupt, or attempt to manipulate or take advantage of the Service of the FBG online casino or its games. FBG reserves the right to recover any advantage that you may gain from an error, including the cost and expenses in making such a recovery.
Game Rules and paytables for each individual game are supplied to FBG by its applicable third-party vendors, are visibly displayed to the end-user on the Platform, and are the responsibility of FBG’s third-party vendors, as applicable.
FBG’s and/or its third-party game vendors reserve the right to correct any incorrect game information that may be displayed without any end-user implication or remediation.
The casino and its respective games may only be used for lawful purposes and in a lawful manner. You acknowledge and agree to comply with all applicable laws, statutes, and regulations regarding the casino, and any bets placed on its games. FBG reserves the right to cooperate with law enforcement and/or regulatory authorities as applicable, in investigating claims of illegal activity on the games and/or casino.
FBG reserves the right to suspend, discontinue, modify, remove, or add any game (including but not limited to any live deal table) to the casino at its discretion with immediate effect, and without obligation to provide you notice, and FBG will not be liable as the result of any such action.
Notice: We may give You notice of certain events from time to time. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Platform or (if we choose to do so in our sole discretion) delivering them to You through email if You have provided us with Your accurate email address, or otherwise upon our delivery of such notice (to the extent we elect to provide such notice through any other means).
Rules of Construction: The section titles in these Terms are for convenience only and have no legal or contractual effect. The terms “include,” “includes,” or “including” mean “including without limitation.” Unless context requires otherwise, “or” will be constructed in the inclusive sense (“and/or”). To the extent that any provision of these Terms requires or is subject to FBG’s approval or consent, FBG shall be entitled to provide or withheld such approval or consent in its sole discretion.
Force Majeure: The failure of FBG to comply with any provision of these Terms due to circumstances beyond its control including but not limited to an act of God, hurricane, war, fire, riot, earthquake, weather, pandemic or endemic, terrorism, act of public enemies, strikes, labor shortage, actions of governmental authorities or other force majeure event will not be considered a breach of these Terms, and FBG’s performance obligations, if any, shall be delayed until such time as performance becomes reasonably practicable and if performance is no longer possible.
Assignment: These Terms and Your Account are personal to You, and You may not transfer or assign them. We may require the ability to transfer, assign or sublicense these Terms to a third party, for example (but without limitation) in the case of our engaging new third party service providers or in the case of a merger or acquisition. Our performance under these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to Your use of the Services or information provided to or gathered by us with respect to such use.
Relationship: No joint venture, partnership, employment, or agency relationship exists between You, the FBG Parties, or any third party partner we may use as a result of the Agreements or Your use of the Services.
Entire Agreement: These Terms and all Agreements constitute the entire understanding between You and us, and supersede all prior understandings between You and us relating to the subject matter.
Severability: For the avoidance of doubt, these Terms apply solely to the extent permitted by law. If for any reason any provision of the Terms or portion thereof, is found by a court of competent jurisdiction to be unlawful, void, or unenforceable, that part of Terms will be deemed severable and shall not affect the validity and enforceability of the remainder of these Terms which shall continue in full force and effect. The parties agree further that If any part of these Terms is deemed to be illegal, invalid, void or for any reason unenforceable, that the invalid or unenforceable provision should, to the greatest extent possible, be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
Waiver: Our failure to assert breach or a violation of these Terms or otherwise failure to exercise any rights under these Terms shall not constitute or be deemed a waiver or forfeiture of such rights or a waiver or forfeiture of such rights in the future.
If You experience any problems or have any inquiries or concerns, please contact us. For customer support inquiries, You can reach us at the following address, or by utilizing the “Chat” function, which is available through the Platform:
Address:
FBG Enterprises Opco, Inc.
PO Box 551702
4150 Belfort Rd
Jacksonville, FL. 32216
Email: support@betfanatics.com
Telephone Number: 800-254-0320
For legal inquiries, please contact our registered agent Corporation Service Company at their New York address (https://apps.dos.ny.gov/publicInquiry/#search) or to contact FBG Enterprises Opco, LLC directly legal@betfanatics.com. Do not use these contacts for customer support.
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