iCon Sports Terms of Service (TOS)
1. ACCEPTANCE OF TERMS
Except for Section 15, providing for binding arbitration and waiver of class action rights, iCon Sports reserves the right, at its sole discretion, to modify or replace the Terms of Service at any time. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Site by you following such notification constitutes your acceptance of the terms and conditions of the Terms of Service as modified.
You hereby represent and warrant that you are a natural person (corporate entities and similar organizations are not eligible to use the iCon Sports for any purpose) and 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 play paid entry games you must be able to represent and warrant that:
- you are of 18 years of age or older
- you are a citizen or resident of the United States of America or Canada and that you have an address in the United States of America or Canada;
- you are physically located in the United States of America or Canada and reside in a jurisdiction in which participation in any contest you choose to participate in is not prohibited by applicable law;
- you are not a resident of any of the following states: Arizona, Iowa, Louisiana, Montana or Washington.
- you are not subject to backup withholding tax because: (a) you are exempt from backup withholding, or (b) you have not been notified by the Internal Revenue Service (IRS) that you are subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified you that you are no longer subject to backup withholding.
- abuse, harass, impersonate, intimidate or threaten other iCon users;
- post or transmit, or cause to be posted or transmitted, any materials ("User Content") that are infringing, libelous, defamatory, abusive, offensive, obscene, pornographic or otherwise violates any law or right of any third party;
- use the Site for any unauthorized purpose, or in violation of any applicable law, including intellectual property laws;
- post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any iCon user;
- create or submit unwanted email ("Spam") to any other iCon users;
- infringe upon the intellectual property rights of iCon, its users, or any third party;
- submit comments linking to affiliate programs, multi-level marketing schemes, sites repurposing existing stories or off-topic content;
- post, email, transmit, upload, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed or functioning to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- use any robot, spider, scraper, sniping software or other automated means to access the Site for any purpose (except for RSS feed access) without our express written permission. Additionally, you agree that you will not: (1) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (2) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (3) bypass any measures we may use to prevent or restrict access to the Site;
- use artificial means, including creating multiple user accounts, to inflate your position and standing with the iCon leader boards and community;
- advertise to, or solicit, any user to buy or sell any products or Site, or use any information obtained from the Site in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
- sell or otherwise transfer your profile.
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
If you do not meet the eligibility requirements of this section, then do not use the iCon Service. In addition to any other rights that iCon may have in law or equity, iCon reserves the right to suspend or terminate the account (and terminate, withhold or revoke the awarding of any prizes associated with such account) of any purported user of the iCon service that does not meet the foregoing requirements. iCon may require you to provide proof that you are eligible to participate according to this section prior to receiving a prize.
You may establish only one account per person to participate in the activities offered on the iCon service. In the event iCon discovers that you have opened more than one account per person, in addition to any other rights that iCon may have, iCon reserves the right to suspend or terminate any or all of your accounts and terminate, withhold or revoke the awarding of any prizes.
iCon employees may use the iCon service for the purpose of testing the user experience, but may not withdraw money or prizes for themselves. iCon consultants or promoters of the site may play in contests without limitation. These individuals do not have any access to non-public site data or any other data not made available to all players on the site and will not receive any other advantages in their play on the site.
4. CONDITIONS OF PARTICIPATION
In order to participate in contest on the Site, you must register for an account. By registering as a user of the Site, you agree to provide accurate, current and complete information about yourself as prompted (such information being the Registration Data) and maintain and promptly update the Registration Data to keep it accurate, current and complete. If you provide any information that is inaccurate, not current or incomplete, or iCon has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, iCon may deny you access to areas requiring registration, at its sole discretion.
Account Password and Security
At the time of registration for online account access, you must provide a valid email address and supply a Username and Password to be used in conjunction with your account. Many portions of the Site require registration for access (the "Restricted Areas"). You are responsible for maintaining the confidentiality of your Username and Password, and are fully responsible for all uses of your Username and Password, whether by you or others. You agree to (a) keep your Username and Password confidential and not share them with anyone else; (b) immediately notify iCon of any unauthorized use of your Username and Password or account or any other breach of security; and (c) use only your Username and Password to access the Site's Restricted Areas. iCon cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
You acknowledge and agree that iCon is authorized to act on instructions received through use of your Username and Password, and that iCon may, but is not obligated to, deny access or block any transaction made through use of your Username and Password without prior notice if we believe your Username and Password are being used by someone other than you, or for any other reason.
Communications and Disclosure
As a result of your registration for the Site, you may receive certain commercial communications from iCon related to content found on the Site. You understand and agree that these communications are part of your registration, and that you may opt out of receiving these communications at any time by either using the unsubscribe functionality.
iCon, in its sole discretion, may disqualify any entrant from the service, refuse to award fantasy points or prizes and require the return of any prizes, if entrant engages in conduct iCon deems to be improper, unfair or otherwise adverse to the operation of the service or in any way detrimental to other entrants. Improper conduct includes, but is not limited to: falsifying personal information required to use the service or claim a prize; violating any of these rules, accumulating points or prizes through unauthorized methods such as automated scripts or other automated means; tampering with the administration of the service or trying to in any way tamper with the computer programs associated with this service; obtaining other entrants information and spamming other entrants; and abusing the iCon website in any way. Entrant further acknowledges that the forfeiture and/or return of any prize shall in no way prevent iCon from pursuing criminal or civil proceedings in connection with such conduct. Further this service MAY NOT BE USED FOR ANY FORM OF GAMBLING.
iCon and any partners are not responsible for: any incorrect, invalid or inaccurate entry information; human errors; technical malfunctions; failures, including public utility or telephone outages; omissions, interruptions, latency, deletions or defects of any telephone system or network, computer online systems, data, computer equipment, servers, providers, or software (including, but not limited to, software and operating systems that do not permit an entrant to participate in the service), including without limitation any injury or damage to any entrant's or any other person's computer equipment relating to or resulting from participation in the service; inability to access any website, or any web pages of iCon Sports; theft, tampering, destruction, or unauthorized access to, or alteration of, entries and/or images of any kind; data that is processed late or incorrectly or is incomplete or lost due to telephone, computer or electronic malfunction or traffic congestion on telephone lines or transmission systems, or the Internet, or any service provider's facilities, or any phone site or website or for any other reason whatsoever; typographical, printing or other errors, or any combination thereof.
iCon Sports and any partners are also not responsible for incomplete, illegible, misdirected or stolen entries. If for any reason the service is not capable of running as originally planned, or if the service or website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper usage and processing of entries in accordance with the rules, or if infection by a computer (or similar) virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in the sole opinion of iCon corrupts or affects the administration, security, fairness, integrity or proper conduct of the service, iCon reserves the right, in its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, extend, modify or suspend the service, and select the winner(s) from all eligible entries received. If such cancellation, termination, modification or suspension occurs, notification will be posted on the iCon Sports website.
The failure of iCon to comply with any provision of these rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of iCon Sports (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these terms.
By entering a Contest, you consent to the use of your name, voice, likeness, and photograph in connection with the development, production, distribution and/or exploitation (including marketing and promotion) of the selected Contest and/or other iCon Sports Contests, unless otherwise prohibited by law. Contest winners agree that, from the date of notification of their status as a potential winner, and continuing until such time when notified that they no longer need to do so, they will make themselves available to iCon Sports Global LLC for publicity, advertising and promotional activities relating to the Contest or other iCon Contests. iCon Sports Global LLC and Partners reserve the right to make public statements about the entrants and winner(s), on-air, on the Internet, or otherwise, prior to, during, or following the Contest. In all disputes arising out of the determination of the winner of iCon Contests, iCon Sports Global LLC is the sole judge and its actions are final and binding. Entrants agree that iCon Sports Global LLC may announce any winner's name on-air or on any of its websites at any time in connection with the marketing and promotion of iCon Contests or other contests or games operated by iCon Sports Global LLC.
5. GAME RULES
Game of Skill
iCon Sports is a game of skill. Winners are determined by the criteria stated in each contest's rules. For each contest, winners are determined by the individuals who use their skill and knowledge of relevant professional sports information and fantasy sports rules to accumulate the most fantasy points. Fantasy points are accumulated through the performance of individual athletes across multiple sports events. All entries in iCon must be made up of players drawn from a minimum of two sporting events.
Each iCon contest has an entry fee listed in US dollars. When you opt to participate in a contest, that amount in US dollars will be debited from your paypal, debit, or credit card. Then, follow the links and instructions provided for entry. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the person in whose Username the entry was submitted, or if possession of the Username itself is contested, the name in which the email address on file was registered with the email service provider.
iCon Sports offers contests for multiple professional sports events taking place over the course of a full season. iCon reserves the right to offer contests that are shorter in duration. Shorter contests may be, but are not limited to, 1 day or 1 week long.
After each contest ends, prizes are awarded within a few weeks of the end of the season for each sport. The players in each contest who accumulate the most fantasy points will win prizes as set out in the posted contest details..
iCon offers a number of different types of contests. For each contest, we announce the entry fees and prizes in advance on the contest page. For a summary of entry fees and prizes for currently open contests please login and visit the main lobby.
No substitution or transfer of prize is permitted. All taxes associated with the receipt or use of any prize are the sole responsibility of the winner. In the event that the awarding of any prizes to winners of the Contest is challenged by any legal authority, iCon Sports reserves the right in its sole discretion to determine whether or not to award such prizes.
In early January each year all winners who have won $600 or more (net of all entry fees) over the previous year will be contacted to provide address and social security details. These details will be used to file a 1099-MISC with the Internal Revenue Service.
You understand that all User Content, including but not limited to profile information and communications with other users, whether privately transmitted or made publicly available, is the sole responsibility of the person from which such User Content originated. This means that you, not iCon, are entirely responsible for all User Content that you upload, post, share, email, transmit, or otherwise make available via the Site. Under no circumstances will iCon be liable in any way for any User Content uploaded, posted, shared, emailed, transmitted or otherwise made available via the Site.
You acknowledge that iCon may or may not pre-screen User Content, but that iCon and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, permanently delete, and/or move any User Content available via the Site. Without limiting the foregoing, iCon and its designees shall have the right to remove any User Content that violates these Terms or is otherwise objectionable in iCon sole discretion. You understand that by using the Site, you may be exposed to User Content that you may consider to be offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or disclosure of any User Content. You further acknowledge and agree that you bear the sole risk of reliance on any content available on or through the Site.
With respect to User Content you submit or make available on the Site, you grant iCon an irrevocable, fully sub-licensable, perpetual, world-wide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such User Content (in whole or in part) and to incorporate such User Content into other works in any format or medium now known or later developed.
You are solely responsible for your interactions with other users of the Site. iCon reserves the right, but has no obligation, to monitor disputes between you and other users.
By using the iCon service or accepting any prize, entrants, including but not limited to the winners, you agree to release and to hold harmless iCon and each of their respective parents, subsidiaries, affiliates and agencies, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities from any and all liability, claims or actions of any kind whatsoever, including, but not limited to, for injuries, damages or losses to persons and property which may be sustained in connection with participation in the service, the receipt, ownership, use or misuse of any prize and claims based on publicity rights, defamation or invasion of privacy.
8. WARRANTY DISCLAIMERS
You expressly understand and agree that your use of the Site is at your sole risk. The Site is provided on an "AS IS" and "as available" basis. The service, content, and site are provided on an "as is" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. You acknowledge that iCon has no control over, and no duty to take any action regarding: which users gain access to the Site or use the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release iCon from all liability for you having acquired or not acquired Content through the Site or the Site. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. iCon makes no representations concerning any content contained in or accessed through the Site, and iCon will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site.
9. LIMITATION ON LIABILITY
YOU UNDERSTAND AND AGREE THAT iCon SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF iCon HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (iv) ANY OTHER MATTER RELATING TO THE SITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, iCon’s LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO iCon FOR GENERAL USE OF THE SITE DURING THE TERM OF YOUR REGISTRATION FOR THE SITE, NOT INCLUDING ANY ENTRY FEES FOR CONTESTS COMPLETED PRIOR TO THE CIRCUMSTANCES GIVING RISE TO THE CLAIM.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
10. OUR PROPRIETARY RIGHTS
All title, ownership and intellectual property rights in and to the Site are owned by iCon or its licensors. You acknowledge and agree that the Site contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by iCon Sports you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site, in whole or in part.
The Site provides, or third parties may provide, links to other World Wide Web sites or resources. Because iCon has no control over such sites and resources, you acknowledge and agree that iCon not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that iCon shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
13. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to the Terms or this Agreement.
14. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
iCon may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who infringe the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide iCon’s Copyright Agent a Notice containing the following information:
iCon’s Copyright Agent for Notice of claims of copyright or other intellectual property infringement can be reached in the following ways:
Email: iconsports@live dot com
15. BINDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT
If the parties do not reach an agreed upon solution within a period of 30 days from the time informal dispute resolution under the Initial Dispute Resolution provision, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to this Agreement (including its formation, performance and breach), the parties’ relationship with each other and/or your use of the Site shall be finally settled by binding arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the American Arbitration Association (the “AAA”), excluding any rules or procedures governing or permitting class actions.
The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
The Commercial Arbitration Rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at +1.800.778.7879.
The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND iCon Sports Global LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following address: iCon Sports Global LLC, 5 Crosby Lane, Port Monmouth, NY, 07758. The notice must be sent within 30 days of signing up for the site, or your first use of the Site, whichever is later, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, iCon also will not be bound by them.
16. GENERAL INFORMATION
These Terms constitute the entire agreement between you and iCon with respect to the Site and supersedes any prior agreements, oral or written, between you and iCon.
Waiver and Severability of Terms
The failure of iCon to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.