1. Acceptance of terms

Betcha Sports, Inc. (“Betcha”) provides a fantasy sports mobile application (the “App”) – which includes all of the text, images, audio, code and other material it contains or provides (collectively, the “Content”) and all of the features, contests and other services it provides. Please read these Terms of Use (the “Terms”) carefully before using the App. The use of the App is subject to all applicable State and U.S. federal regulations.You acknowledge and agree that (i) these Terms are binding between you and Betcha only, and Apple is not a party hereto, and (ii) as between Betcha and Apple, it is Betcha that is responsible for the App and the content thereof. You must use the App only on an Apple-branded product that runs iOS. Your use of the App must comply with the terms of use application to the source from which you obtain it. You acknowledge that Apple has no obligation to furnish you with any maintenance and support services with respect to the App.You acknowledge that Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to (i) product warranty or liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; or (iv) claims that the App infringes a third party’s intellectual property rights.Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of the Terms, they will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof. There are no other third-party beneficiaries of the Terms.We reserve the right to revise these Terms, or any part thereof. By opening an account on the App you agree to be bound by these Terms as they may be amended from time to time. Your access to the App and play of any game on the App constitutes your acceptance of the Terms as they exist as of the date of such access or play. You are responsible for periodically reviewing the Terms, as they will be posted on the App. Your acceptance of the Terms constitutes a legally binding agreement and will govern your use of the App.Betcha may issue additional terms, rules and conditions of participation in particular contests. For example, Betcha may issue conditions as required by various State rules and regulations, which may impact your experience or participation on the App. You agree to be subject to those additional rules if you participate in such contests.

2. Eligibility

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. In order to use the App, you must be at least eighteen (18) years of age. In order to open a user account or to access any of the services provided by the App, you must be at least eighteen (18) years of age. If you are a legal resident of any jurisdiction where the minimum age of age for the permissible use of the App is greater than eighteen (18) years of age, then you must meet the age requirement in such jurisdiction. Minors may not use the App. Additionally, residents outside of the United States, regardless of their age, may not use the App. By using the App, you represent and warrant that you are not physically located in any of the following States: Arizona, Hawaii, Idaho, Iowa, Louisiana, Montana, Nevada, or Washington, or any other state in which the usage of the App is prohibited by law.
Betcha employees, and any domestic partner and relative of the employee who resides at an employee’s residence, including but not limited to parents, grandparents, in-laws, children, siblings, and spouses, are not permitted to play in any public contests for cash.
Professional or amateur athletes, sports agents, coaches, team owners, team employees, referees or league officials, and their immediate family members, are not eligible to participate in, and are strictly prohibited from entering, any Betcha contests in the sport in which they are associated.

3. Opening an Account and Account Information

In consideration of our accepting your application to establish an account, you represent (and acknowledge that we may rely upon these representations) as follows:· You have read and agree to abide by all of these Terms;· You are of legal age, of sound mind and capable of taking responsibility for your own actions and that you can enter into a legally binding agreement with Betcha;· You reside in the United States and in a jurisdiction where participation in the App’s services is legal and not prohibited by law;· You agree to provide accurate account opening information;· You will not allow any other person to access or use your account with the App;· You will refrain from using the App unless you are physically present in a jurisdiction where participation in the App’s services is legal and not prohibited by law;· You consent to monitoring and recording by Betcha of any communications related to App usage and geographic location information; · You acknowledge that Betcha reserves the right to report unusual or suspicious activity to the proper authorities; · You acknowledge that you are not an employee or operator of another daily fantasy website or mobile application that charges entrance fees or offers cash prizes; · You are not prohibited by any government entity from participating in the services provided by the App and you have not asked to be self-excluded in any jurisdiction from any services provided by the App. In order to use the App, you must register for an account. By registering as an App user, you agree to provide accurate, current, and complete information about yourself as prompted and you will maintain and promptly update the Registration Data to keep it accurate, current and complete. If you provide any information that is inaccurate, not current or incomplete, or Betcha has reason to suspect that such information is inaccurate, not current or incomplete, Betcha may terminate your account, at its sole discretion. By establishing an account you hereby consent to Betcha, in its sole discretion, using third party services to verify your account information including, but not limited to, confirming your age and identity.Only one account per person will be allowed. The account is unique to you and non-transferrable. Betcha reserves the right to reject any application for an account for any reason it deems necessary.
You are responsible for maintaining the confidentiality of your login names and passwords and you accept responsibility for all activities, charges, and damages that occur under your account. It shall be a violation of these Terms of Use to allow any other person to use your account to participate in any contest. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. We will not be responsible for any loss or damage resulting from your failure to notify us of unauthorized use. If we request registration information from you, you must provide us with accurate and complete information and must update the information when it changes.

4. Anti-Money Laundering Policies

Betcha is committed to combating money laundering and any activity that facilitates money laundering or the funding of terrorist or criminal activities by complying with all applicable requirements under the Bank Secrecy Act (BSA) and its implementing regulations.Betcha may require you to provide proof that you are eligible to participate prior to receiving a prize. This includes by requesting that you fill out an affidavit of eligibility or other verification information. If Betcha determines that you do not meet its eligibility requirements, in addition to any rights that Betcha may have in law or equity, Betcha reserves the right to terminate your account, withhold or revoke the awarding of any prizes associated with your account or limit your ability to withdraw. In such a situation, Betcha may pay out any withheld or revoked prizes to the other entrants in the relevant contest in a manner consistent with the prize structure of the contest, to be precisely determined by Betcha in its sole discretion. Betcha also reserves the right to withhold revoked prizes to use in furtherance of its fraud prevention or anti-money laundering efforts. Betcha may use the App for the purpose of testing the user experience, but may not withdraw money or prizes except when playing in a private league. Relatives of Betcha employees with whom they share a household are not eligible to participate in paid contests unless they are in private contests with other Betcha employees or household members. Betcha consultants or promoters of the App may play in contests without such limitation, but only if (i) their arrangement with Betcha does not permit them to have any access to non-public App date or any other data not made available to all players on the App and (ii) they do not receive any other advantages in their play on the App.Employees or operators of other daily fantasy sites or apps that charge entry fees or offer cash prizes, including but not limited to DraftKings, FanDuel or Yahoo, and individuals who, by virtue of affiliation with another daily fantasy site, have access to the site/app’s pre-release non-public confidential data about game-related information may not enter any contests in which a real money prize is awarded. If such person enters a Betcha contest that awards prizes, Betcha will disqualify the entry, will not award a prize, and may report such person’s violation of this provision to the daily fantasy site for which the entrant is employed by, operates or is affiliated with. Additionally, Betcha may maintain information about the entrant sufficient to assist Betcha in blocking the user from entering future Betcha contests, unless and until Betcha determines, in its sole discretion, that the entrant is no longer an employee or operator of another daily fantasy site or no longer has access to pre-release non-public confidential data about game-related information by virtue of affiliation with a daily fantasy site.You agree that the specific and sole purpose of creating an account on Betcha’s App is to participate in fantasy sports contests on the App. Betcha shall be entitled to suspend, limit or terminate your account if we determine, in our sole discretion, that you are depositing funds without the intention of using them in contests on the App. In such circumstances, we may also report such activity to relevant authorities. By depositing funds or entering paid contests, you agree to provide us with a valid mailing address, date of birth and any other information we may require in order to run appropriate identity checks and comply with applicable rules and regulations. If necessary, you may be required to provide appropriate documentation that allows us to verify you. While your account is pending verification, you may be able to deposit funds in your account and participate in contests, but you will not be able to withdraw any funds from your account until verification is complete. Deposits, and player winnings after contests are finished, are held in a separate, segregated bank account by HSBC Bank USA. These funds belong to you, subject to review for evidence of fraud, verification or other prohibited conduct as described above, and Betcha may not use them to cover its operating expenses or for other purposes.Betcha may limit the amount a user can deposit into his or her account in accordance with state-imposed deposit limits or other limits Betcha may deemcases where you have participated in a promotion to receive a bonus or other benefit, you may be required to play through your deposit (by entering contests) whose total entry fees equal the value of the deposit to receive the entirety of such bonus.

5. Consent to Contact

By signing up for an account, you hereby consent to us contacting you, via e-mail, telephone, or mail, regarding matters related to your account, the App, and any offerings, promotional or otherwise, from us, our affiliates, or our marketing partners. You have a right to limit the circumstances under which we may contact you by changing your preferences on the App.From time to time Betcha may provide you with access to various information and content via the App, emails or any other means of communication. Further Betcha may provide you with links to third party websites which may include information. This information is supplied “as is” and for information purposes only. Use of such information is entirely at your own risk. To the fullest extent permitted by law, neither Betcha nor any other party makes any representations or warranties of any kind, including but not limited to, the accuracy, quality or completeness of the information. Neither Betcha nor any other party shall be liable for any action taken by you as a result of your relying on any of this information or for any loss or damage suffered by you as a result of you using such information or any third party website linked to Betcha.Any links to third party websites do not constitute an endorsement by Betcha or any other party of any products or services available on such websites. You use such websites at your own risk and neither Betcha nor any other party takes any responsibility for the content on, or use of, such websites.

6. Account Security

You will not attempt to sell or otherwise transfer the benefit of your account to any third party and nor will you acquire or attempt to acquire an account which has been opened in the name of a third party.

7. Giving False Information

You acknowledge that Betcha and its respective affiliates will hold information with respect to your identity, including but not limited to your name and the verification that you are of legal age. You agree that we rely on this information in entering into this agreement with you and you agree to hold us harmless against any falsehood or inaccuracy contained in the information you provide us.

8. Errors and Omissions Related to Your Account

You will inform us as soon as you become aware of any errors with respect to your account and you will forfeit any amounts shown to be in your account that result from human error or technical fault on the part of Betcha and their respective vendors and suppliers.

9. Suspension or Termination of Your Account

Either we or you may suspend or terminate your account at any time, either with or without cause, upon notice (we will use our reasonable efforts to give such notice to you either before or after suspending or terminating your account).You understand that you are not permitted to use the App, and may be blocked from using the App, if you are physically located outside of the boundaries of a jurisdiction where participation in the App’s services is legal and not prohibited by law. In addition, if formally requested by law enforcement, regulators, or other authorities, or in the event that you fail to provide us with sufficient information to identify yourself in accordance with our own internal procedures or those imposed on us by any regulator, we may suspend your account and all functionality relating to the use of your account pending the final determination of any criminal or other legal proceeding or investigation to which such a request may relate or until you provide the necessary “know your client” or “age verification” information as appropriate.

11. Game of Skill

Betcha is a game of skill. Winners are determined by the criteria set in each contest’s rules. For each contest, winners are determined by individuals who use their skill and knowledge of relevant professional sports information and fantasy sports to accumulate the most fantasy sports rules to accumulate the most fantasy points. Fantasy points are accumulated through the performance of individual athletes in sports events. The App may not be used for any form of illegal gambling.

12. License to Use the App

Betcha grants you a limited license to access the App and to play the games and contests provided that you comply with these Terms. The availability of the App does not constitute an offer or invitation by Betcha to use the App in any jurisdiction in which such use is illegal. You understand that we may block you from using the App if you are physically located in a jurisdiction where such use is illegal.Your use of the App confers no rights whatsoever to the content and related intellectual property rights contained on the App. You agree not to monitor, use or copy any of our App content. You will not attempt to hack, make unauthorized alternations or introduce any kind of malicious code to the App by any means.

13. License to Use the Software

Various companies may own and operate the software for the App (the “Software”) and license it to Betcha, enabling you to use the App. Betcha grants you a limited license to use the App provided that you comply with these Terms. You will only use the Software to use the App in accordance with these Terms. If you become aware that the Software is being used in any manner not authorized by these Terms, you will immediately notify Betcha.You will not (a) reverse engineer or decompile (whether in whole or in part) the Software; or (b) make copies, modify, reproduce, transmit, alter or distribute the Software or all or any part of the App or any material or information contained on it. Any unauthorized use or reproduction may be legally actionable.You agree that you will not use the Software for any unlawful purposes or for the purposes of sending or transmitting any data or other material:· In a manner that constitutes a violation or infringement of the rights of any third party (including but not limited to intellectual property rights);· That has harmful or destructive or damaging properties;· That may constitute any form of collusion; or· Which is likely to cause harm or damage to the computer systems, network or equipment of any third party.Betcha, or their vendors, may issue upgraded versions of the Software from time to time and will make such upgraded versions available to you. All such upgrades shall be deemed to be Software for the purposes of these Terms.

14. Your Representations

In consideration for us allowing you to use the App, by opening and using an account on the App, you represent (and acknowledge that we will rely upon these representations) as follows:· You are of legal age;· Your usage of the App is personal and not professional;· You have the full, complete, and unrestricted legal right to use the App and participate in contests and your participation is not prohibited in your jurisdiction or by any other local rule, regulation, or law, and you acknowledge that we make no representations or warranties, implicit or explicit, as to your legal right to participate, nor shall any of our employees, licensees, distributors, wholesalers, affiliates, or subsidiaries, nor our advertising, promotion, media partners, agents, or retailers, have authority to make any such representations or warranties;· You are not required to participate in any of the contests and, should you elect to do so, you participate solely at your own option, discretion, and risk;· You are entering the App and/or participating in the contests for your own personal entertainment, and you acknowledge that any other entrance, access, use, or reuse of the App by you is strictly prohibited;· You are solely responsible for the acquisition, supply, and maintenance of all of the mobile equipment and telecommunications networks and Internet access services and all other consents and permissions that you need to use in order to access the App;· You fully understand the methods, rules and procedures of the contests on the App and, where and when appropriate, will seek advice or help when using the App;· You will participate in all contests through the various user interfaces provided on our App and you will not play through other means, including the use of a robot user or equivalent mechanism (a “bot”). The use of programs designed to automatically participate in contests within certain parameters (i.e. bots) is not permitted in any contests on any part of the App;· You will not choose an App nickname and/or alias that is defamatory, offensive, pornographic or in any way intended to impersonate a real person or brand. Betcha reserves the right to amend your nickname and/or alias in its absolute discretion or if they believe you have breached this representation;· You will not disguise or interfere in any way with the internet protocol (“IP address”) of the mobile device you are using to access the App or otherwise take steps to prevent us from correctly identifying the actual IP address of the mobile device you are using while accessing the App;· You shall periodically review (no less frequently than once per month) these Terms posted within the App;· You are not subject to backup withholding tax because (i) you are exempt from backup withholding, or (ii) 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 interests or dividends, or (iii) the IRS has notified you that you are no longer subject to backup withholding;· You will not abuse, harass, impersonate, intimidate, or threaten other Betcha users;· You will not post or transmit, or cause to be posted or transmitted, any content that is infringing, libellous, defamatory, abusive, offensive, obscene, pornographic or otherwise violates any law or right of any third party;· You will not use artificial means, including creating multiple user accounts, to inflate your position and standing with the Betcha community;· You will not attempt to influence the play in any sporting event from which athletes are available for selection in Betcha contests on Betcha in which you are involved or in which you have a direct or indirect interest;· You understand, accept, and agree to abide by these Terms, as may be modified from time to time, and the rules of the contests – as set out on the App – and any rules and terms for any promotions or loyalty programs in which you participate, each as set out on the App and as may be amended from time to time; and · You acknowledge that we, without liability or responsibility, may in our absolute and sole discretion: (i) decline to accept the registration of any person, including you, on the App; and (ii) restrict, discontinue, suspend, or terminate access to the App for any reason whatsoever.

15. Cancellation, Termination, Suspension and Breach

We may restrict your access to the App, prohibit you from participating in any and/or all of the contests, and/or prohibit players from playing in a particular contest (including restricting two or more players from playing together in the same contest), suspend or terminate your account in our absolute discretion without cause at any time including, without limitation, if:

  • There is a technological failure;
  • We reasonably believe that you have breached any of these Terms
  • You attempt to manipulate or ascertain information concerning the Software code or are involved in collusion
  • You tamper or attempt to tamper with the Software in any way
  • You are committing any offense, e.g., by attempting to access or accessing the App from a jurisdiction where using the App is illegal or while prohibited by a government agency or a request for self-exclusion from doing so
  • You publish any actual or potentially defamatory, offensive, racist, harmful or obscene language or material
  • When entering any contest, you are an employee or operator of another daily fantasy site that charges entrance fees or offers cash prizes
  • You are listed on any U.S. Government or other government agency’s list of prohibited or restricted parties
  • You are an athlete, coach or other team management, team support personnel (e.g. without limitation, team physicians) or team owner in the sport for which you are participating in a contest

16. Changes to the Contests

Betcha may, in its absolute discretion, alter or amend or withdraw any particular contest or any part thereof, and may add other contests at any time, and may alter prices, features, specifications, capabilities, functions and/or other characteristics of the contests at any time.

17. Bonuses and Promotions

Bonuses may be offered to newly depositing users and for other marketing purposes. Certain bonuses are awarded as a “pending bonus” earned gradually when users enter and complete paid contests. Any credit a new user receives is for entry into competitions on Betcha and can only be withdrawn if they have been previously entered into at least one game. In the event of abuse of the bonus system by any user, Betcha reserves the right to retract user bonuses.
Betcha may also offer credits in contests where users correctly select portions of an entry, as for referring new users to Betcha, or other purposes at Betcha's sole discretion.
Betcha reserves the right to reclaim these bonuses and credits if players do not use them to enter real money contests within 60 days of their initial award and crediting, or within the minimum amount of time allowed by applicable law. These bonuses and credits can be used to enter real money contests but cannot be immediately withdrawn.

18. Errors and Omissions Related to Results

If there is any discrepancy between the contest results on your mobile device and the results on our server, the results on our server shall be final and binding. If there is any discrepancy between your on-screen display and the balance in your account, the balance held on Betcha’s server is deemed to be the balance in your account and this determination shall be final and binding. You will forfeit any amounts shown to be in your account that result from human error or technical default.Betcha and its respective licensors, vendors and suppliers and the respective licensees, distributors, parents, subsidiaries, affiliates of each and all of their officers and directors and employees that will not be liable for any loss or damages which may be caused by the interception or misuse of any information transmitted over the Internet.

19. Intellectual property

Betcha is the owner or licensee of:· All copyright and related rights in and to our App, including, without limitation, rights in databases;· All trademark rights, whether registered or unregistered, in and to Betcha and the Betcha logo; and· Patents owned by Betcha.Any unauthorized use of these rights may result in legal action being taken against you.

20. User Content

You hereby assign to Betcha, any and all copyright and other intellectual property rights throughout the world in all media whether now known or hereafter developed, for the full period of copyright, including by way or present assignment or future copyright and all other rights whatsoever, in any game play or any other interaction made by you while participating in the contests or using the App.Any data, text, graphics, photographs, or any other content, and their selection and arrangement, uploaded to the App by any user (“User Content”) are subject, whether in whole or in part, to unlimited worldwide commercial, non-commercial and/or promotional use by the Site Operators. Any text, graphics, photographs, files or other User Content uploaded by you shall be your sole responsibility and you hereby agree that you may be held liable for any User Content that you upload. Betcha shall not bear any responsibility for any of the abovementioned content.Betcha reserves the right (but shall at no time be obligated) to, in its sole discretion, remove, block, edit, move, disable, or permanently delete User Content from the App with or without notice for any reason whatsoever. You hereby agree that, to the maximum extent permitted by applicable law, Betcha shall at no time be responsible or held liable for the removal, modification, or blocking of material or User Content that may be considered offensive and shall at no time be obligated to effect such removal other than under applicable law.

21. Limitation of Liability

The App, Software and contests are provided to you “as is,” without warranty of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, or non-infringement of third party rights. Neither Betcha nor any other party warrants that the operation of the App, the contests, or the Software will meet your requirements or be uninterrupted or error free or secure or that any defects are correctable or will be corrected. The entire risk as to the use, quality and performance of the contests and the Software lies with you.The maximum aggregate liability of Betcha to you or any third party arising out of these Terms or your use of our site or the Software, whether for breach of contract, equitable duty or in tort or otherwise, will be limited to whatever amount you paid to use while using the App and participating in contests.Any allowable claim, if any, which you may bring against Betcha must be brought no later than sixty (60) days after the date of the event giving rise to the claim, and you hereby waive any right to bring any claim not brought within such period. If you are using any third party equipment, software or services (collectively, the “third party goods/services”) in connection with your use of the App or the Software, the entire risk as to the quality and performance of such third party goods/services rests with you. Should such third party goods/services prove defective, you assume the entire cost of all necessary repairs or corrections. In no event will Betcha be liable for any damages which may be caused by the interception or misuse of any information transmitted over the Internet.

22. Indemnity

You agree to indemnify and hold us and our respective licensors, associated companies, affiliates, officers, directors, agents and employees harmless from any liabilities, claims, losses or demands made by any third party arising out of your breach of these Terms or any of them (including documents incorporated by reference) or out of your violation of any law or the rights of any third party.

23. Assignment

You may not assign your account or these Terms to any third party without Betcha’s prior written consent. Betcha may assign, transfer or novate any or all of their rights and obligations under these Terms to any third party at any time without notice to you.

24. Severability

In the event that any provision of these Terms is deemed by any competent authority to be unenforceable or invalid, the relevant provision shall be modified to allow it to be enforced in line with the intention of the original text to the fullest extent permitted by applicable law. The validity and enforceability of the remaining provisions of these Terms shall not be affected.

25. Amendments

We reserve the right to make changes to our App, and all rules, guides, and policies included on our App, including these Terms, at any time. You will be subject to the rules, guides, policies, and Terms in force at the time you use the App. It is therefore your responsibility to check the rules, guides, policies, and these Terms from time to time to ensure that you agree with them, and your continued use of the App will be deemed to be your acceptance of any changes we may make.

26. Matters beyond our reasonable control

Neither Betcha nor any other party will be held liable for any loss or damage that you may suffer in respect of an event of Force Majeure. For the purposes of these Terms, “Force Majeuere’ means any event outside our reasonable control affecting our ability to perform any of our obligations under these Terms.

27. Entire agreement

This Agreement, these Terms and the conditions expressly incorporated into them constitute the entire and only agreement between the parties with regards to its subject matter and each party confirms that it has not been induced to accept these Terms in reliance upon, nor has it been given any warranty (including in particular any warranty as to merchantability, fitness for a particular purpose or uninterrupted functionality), representation, statement, assurance, covenant, agreement, undertaking, indemnity or commitment of any nature whatsoever other than as are expressly set out in these Terms and, to the extent that it has been, it unconditionally and irrevocably waives any claims, rights or remedies which it might otherwise have had in relation thereto.

28. No waiver

No failure or delay by a party to exercise any of its rights under these Terms shall operate as a waiver thereof and no single or partial exercise of any such right shall prevent any other or further exercise of that or any other right.

29. Governing Law and Jurisdiction

These Terms shall be governed by the law of the State of New York and you consent to the exclusive jurisdiction of the New York courts in relation to all disputes and/or claims with Betcha relating to your access or use of the App and participation in any contest.

30. Queries and Disputes

If you have any concerns or questions regarding your account or the result of your participation in any contest on the App, you should contact us via email at info@betcha.one. We will make reasonable efforts to respond to disputes and queries as soon as possible.