1. ACCEPTANCE OF TERMS
The web pages available at www.Fantasy Golf Tour.com, and all linked pages are owned and operated by Fantasy Golf Tour and is accessed by you under the Terms and Conditions described below. Please read these terms and conditions carefully before using the Site. By accessing the Site or using any part of the Site or any content or services (as each is defined below) on the Site, you agree to become bound by these terms and conditions. If you do not agree to all the terms and conditions, then you may not access the Site or use the content or any services in the Site.
Fantasy Golf Tour reserves the right, at its sole discretion, to modify or replace the Terms and Conditions 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 that have been modified.
In order to deposit money to play paid Fantasy Golf game, you must be able to represent and warrant that:
1. You are of 18 years of age or older .
2. You will abide at all times by these Terms and Conditions and any other agreements between you and Fantasy Golf Tour regarding your use of the Site or participation in games .
3. You are not a resident of any of the following states: Arizona, Iowa, Louisiana, Maryland, Montana or Vermont.
4. You consent that the country which you are physically located in has no applicable laws that make it illegal for you to participate in Ultimate Fantasy Golf for cash and prizes.
5. 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.
If you do not meet the eligibility requirements of this section, then do not use the Fantasy Golf Tour Service.
In addition to any other rights that Fantasy Golf Tour may have in law or equity, Fantasy Golf Tour 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 Fantasy Golf Tour service that does not meet the foregoing requirements.
Fantasy Golf Tour employees may not participate in playing any events at Fantasy Golf Tour.
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 is incomplete, or Fantasy Golf Tour has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, Fantasy Golf Tour 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 Fantasy Golf Tour 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. Fantasy Golf Tour 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 Fantasy Golf Tour is authorized to act on instructions received through use of your Username and Password, and that Fantasy Golf Tour 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 Fantasy Golf Tour 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 or sending an email to firstname.lastname@example.org
You acknowledge, consent and agree that Fantasy Golf Tour may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary: (i) to comply with legal process; (ii) to enforce these Terms and Conditions; (iii) to respond to claims that any content violates the rights of third parties; (iv) to respond to your requests for customer service; or (v) to protect the rights, property, or personal safety of Fantasy Golf Tour, its users and the public.
Fantasy Golf Tour, 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 Fantasy Golf Tour 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 Fantasy Golf Tour website in any way. Entrant further acknowledges that the forfeiture and/or return of any prize shall in no way prevent Fantasy Golf Tour from pursuing criminal or civil proceedings in connection with such conduct. Further, this service MAY NOT BE USED FOR ANY FORM OF GAMBLING.
Fantasy Golf Tour 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 Fantasy Golf Tour; 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.
Fantasy Golf Tour 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 Fantasy Golf Tour corrupts or affects the administration, security, fairness, integrity or proper conduct of the service, Fantasy Golf Tour 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 Fantasy Golf Tour website.
The failure of Fantasy Golf Tour 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 Fantasy Golf Tour (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 Fantasy Golf Tour 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 Fantasy Golf Tour Inc for publicity, advertising and promotional activities relating to the Contest or other Fantasy Golf Tour Contests. Fantasy Golf Tour Inc. 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 Fantasy Golf Tour Contests, Fantasy Golf Tour Inc. is the sole judge and its actions are final and binding. Entrants agree that Fantasy Golf Tour Inc. 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 Fantasy Golf Tour Contests or other contests or games operated by Fantasy Golf Tour Inc.
5. GAME RULES
Game of Skill Fantasy Golf Tour 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 to play the best player from their team for each day of the event.
Each Fantasy Golf Tour 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 Fantasy Golf Tour account. 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.
Trades can be made after each round and before the start of the next round. You can only trade within the same group. If you want a new player in group D you must trade for another player that was listed in group D before the event started. There is a nominal fee for trades which will be listed prior to the event.
Fantasy Golf Tour offers weekly events in accordance to the PGA Tour, LPGA Tour, European Tour, or World Golf events as the Fantasy Golf Tour schedule will indicate. The schedule may be changed from time to time to include events not previously scheduled.
After each event ends, prizes are awarded within 24 hours. The prizes are placed into the contestant's account. All ties are broken by the tie breaker as explained in the How To Play section.
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, Fantasy Golf Tour reserves the right in its sole discretion to determine whether or not to award such prizes.
Winners are generally posted on the Fantasy Golf Tour website after the conclusion of each contest within a few minutes from the event ending. Prize calculations may take up to 24 hours to post.
Winners may be requested to return via email or regular mail an affidavit of eligibility and appropriate tax forms. Failure to comply with this requirement can result in disqualification. Any prize notification returned as undeliverable may result in disqualification and selection of an alternate winner. In addition, a list of winners and winners' names for each competition period may be obtained by writing to: Fantasy Golf Tour, 1530 SW 13th Court, Pompano Beach, Fl 33069.
In early January of 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.
Bonuses and Promotions
We frequently offer free plays to attract new users. These players will play for Fantasy Golf Points which are usable on the Fantasy Golf Tour shopping site.
As a condition of use, you promise not to use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions, or any other purpose not reasonably intended by Fantasy Golf Tour. 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 Fantasy Golf Tour user, infringe upon the intellectual property rights of Fantasy Golf Tour, 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, advertise to, or solicit, any user to buy or sell any products on 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.
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 Fantasy Golf Tour, 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 Fantasy Golf Tour be liable in any way for any User Content uploaded, posted, shared, emailed, transmitted or otherwise made available via the Site.
You acknowledge that Fantasy Golf Tour may or may not pre-screen User Content, but that Fantasy Golf Tour 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, Fantasy Golf Tour and its designees shall have the right to remove any User Content that violates these Terms or is otherwise objectionable in Fantasy Golf Tour's 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 Fantasy Golf Tour 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. Fantasy Golf Tour reserves the right, but has no obligation, to monitor disputes between you and other users.
By using the Fantasy Golf Tour service or accepting any prize, entrants, including but not limited to the winners, you agree to release and to hold harmless Fantasy Golf Tour 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 Fantasy Golf Tour 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 Fantasy Golf Tour 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. Fantasy Golf Tour makes no representations concerning any content contained in or accessed through the Site, and Fantasy Golf Tour 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 Fantasy Golf Tour 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 Fantasy Golf Tour 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, Fantasy Golf Tour'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 Fantasy Golf Tour 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 Fantasy Golf Tour 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 Fantasy Golf Tour, 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 Fantasy Golf Tour has no control over such sites and resources, you acknowledge and agree that Fantasy Golf Tour is 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 Fantasy Golf Tour 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
Fantasy Golf Tour 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 Fantasy Golf Tour's Copyright Agent a Notice containing the following information:
i. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
ii. a description of the copyrighted work or other intellectual property that you claim has been infringed;
iii. a description of where the material that you claim is infringing is located on the site;
iv. your address, telephone number, and email address;
v. 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; vi. 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.
Fantasy Golf Tour's Copyright Agent for Notice of claims of copyright or other intellectual property infringement can be reached in the following ways:
Mail: Fantasy Golf Tour Inc, 1530 SW 13th Court, Pompano Beach, FL 33069
Any controversy or claim arising out of, in connection with, or in any way relating to the Terms, with the exception of those controversies or claims specifically excluded below, shall be settled by binding arbitration in accordance with the American Arbitration Association ("AAA") Commercial Arbitration Rules ("AAA Rules"), and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"). The determination of whether a dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules.
You and Fantasy Golf Tour agree that the following disputes are not subject to this binding arbitration provision: (1) any disputes seeking to enforce or protect, or concerning the validity of, any of your or Fantasy Golf Tour's intellectual property rights; and (2) any claim for injunctive relief.
For any dispute not subject to arbitration, or where no election to arbitrate has been made, you and Fantasy Golf Tour agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in Miami, Florida. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
The Terms and the relationship between you and Fantasy Golf Tour shall be governed by the laws of the State of Florida without regard to conflict of law provisions.
16. GENERAL INFORMATION
These Terms constitute the entire agreement between you and Fantasy Golf Tour with respect to the Site and supersedes any prior agreements, oral or written, between you and Fantasy Golf Tour.
Waiver and Severability of Terms
The failure of Fantasy Golf Tour 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.
The section titles in the Terms are for convenience only and have no legal or contractual effect.