IMPORTANT: PAST, PENDING, OR FUTURE DISPUTES ABOUT THIS AGREEMENT ARE SUBJECT TO FINAL AND BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE "MANDATORY ARBITRATION AND CLASS ACTION WAIVER" SECTION IN SECTION 46 BELOW. IT IS YOUR RIGHT TO CONSULT WITH AN ATTORNEY OR OTHER ADVISOR PRIOR TO ACCEPTING THE TERMS OF THIS AGREEMENT AND PARTICIPATING IN ANY OF OUR CONTESTS. WE STRONGLY ENCOURAGE YOU TO DO SO BEFORE PROCEEDING. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION ON A RETROACTIVE BASIS, YOU MAY OPT OUT OF THE ARBITRATION PROVISION WITHIN THIRTY (30) DAYS BY FOLLOWING THE INSTRUCTIONS PROVIDED AT THE END OF SECTION 46.

Please read these terms of service very carefully before downloading the mobile application, registering for the Champ web site and/or using the Services (defined below). These terms of service ("Agreement" or "Terms") govern you accessing content and using www.champfantasysports.com and its affiliate's web sites and mobile applications. This Agreement between you ("you") and Champ Sports Company ("Champ" or "we" or "us"), is subject to change by us as described below.

By downloading the mobile application ("App"), and/or clicking the "I Accept" button, checkbox, or other mechanism to signal assent, or by using the Site (defined below) and/or by creating a Profile (as defined below) or an Account (defined below), you, the user ("User(s)" or "you"), (i) acknowledge that you have read and understood these Terms and accept this Agreement; (ii) agree to be bound by these Terms and all other operating rules, game rules, policies, and procedures that may be published on the Services by Champ, which are expressly incorporated herein by reference, including but not limited to the Champ Privacy Policy, Champ General Rules (defined below), individual Contest rules ("Rules"), and the Champ Member Code of Conduct; (iii) represent that you are of legal age to enter into a binding agreement; (iv) have entered into a binding agreement between you and Champ; and (v) agree, subject to opting out, to resolve all disputes through binding arbitration in accordance with Section 30 of the Terms. In addition, some Services may be subject to additional terms and conditions adopted by Champ. Your use of those Services means you agree to be subject to those additional terms and conditions, which are herein incorporated into these Terms by reference. If you do not agree to these requirements, do not use the Services, deactivate your Account, and delete the mobile application from your devices.

1. The Champ App and web site (the "Site") (the App and the Site are sometimes collectively referred to herein as the "Site") are owned and operated by Champ Sports Company. The Site and its content ("Content") and the Champ fantasy sports services ("Service(s)") may only be accessed in accordance with this Agreement. Any violation of the copyright in the Content or the terms and conditions of this Agreement may be enforced by Champ or the copyright owner to the fullest extent allowed by law.

2. You acknowledge and agree that Champ may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Champ's sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Champ when you stop using the Services. You acknowledge and agree that if Champ disables access to your account, you may be prevented from accessing the Services, your account details or any files or other materials which is contained in your account.

3. You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Champ, unless you have been specifically allowed to do so in a separate agreement with Champ. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). Unless you have been specifically permitted to do so in a separate agreement with Champ, you agree that you will not reproduce, duplicate, copy, sell, trade, or resell the Services for any purpose. You agree that you are solely responsible for (and that Champ has no responsibility to you or to any third party for) any breach of your obligations under this Agreement and for the consequences (including any loss or damage which Champ may suffer) of any such breach.

4. Use of the Services may involve transmission of data through your carrier or service provider's network. You are responsible for all carrier, text/SMS, data, or other related fees or charges you incur from your carrier or service provider in connection with or related to your use of the Services. Champ assumes no liability or responsibility for the payment of any charges you may incur. You hereby acknowledge, agree, and provide consent for users to sync any device with your information.

Account / Account Misuse / Confidentiality

5. Every User must create a user profile in order to access the Site and/or the App and view Content (defined below) (each a "Profile"). To create a Profile a User must provide a valid telephone number and create a username. You must be at least thirteen (13) years of age to create a Profile. Once you have created a Profile you may participate in free-to-play, season-long fantasy leagues ("Free Fantasy Leagues"). However, as a condition of using certain parts of the Services, including entering Contests, Depositing (as defined below) and withdrawing funds or redeeming promotional or bonus funds, you are required to create a Champ account ("Account"). As of the Effective Date, Users must be at least eighteen (18) years of age to open an Account, unless a User resides in a Qualified Location (as further defined below) that requires a higher age of eligibility, in which case the User must be at least the minimum age required by law in that Qualified Location. It is your sole and ultimate responsibility as the User to provide honest and accurate information regarding your age and birthdate, and to know the minimum age to participate in Contests for the Qualified Location in which you are located at any given time.

To sign up for an Account, you must submit a username, password, mailing address, phone number, driver's license, date of birth, and social security number. You must provide accurate, complete, and updated contact information, identification details, and any other personal identifying information and/or form of authentication that Champ may, in its sole and unlimited discretion, request, including, but not limited to, personal identifying, financial or banking information necessary for the purposes of: tax reporting, third party or regulatory audits, reports to any law enforcement or other governmental or quasi-governmental agency or otherwise to assist Champ in the performance of its duties and obligations. To enter Contests that require an entry fee you will first need to deposit funds into your Account ("Deposit" or "Depositing"). In order to Deposit, you will be required to submit your billing information as well as additional personal, financial or banking information. If your Account information changes, then you must provide us with accurate and complete information.

You may not use a username that promotes a commercial venture or a username that Champ, in its sole discretion, deems offensive or otherwise a violation of the Terms or Code of Conduct. Champ may require you to change your username or may unilaterally change your username.

You agree that the sole and specific purpose of creating an Account on Champ is to participate in Contests. Champ shall be entitled to suspend, limit, deactivate or terminate your Profile and/or Account, if we determine, in our sole discretion, that you are violating these Terms; violating or conspiring to violate any local, state or federal law or regulation; depositing funds without the intention of using them in Contests; violating, or causing Champ to violate any agreement it has with any third party, including payment processors and other financial institutions; or otherwise abusing or misusing the Services in any way whatsoever. We may also report such activity to relevant authorities and/or third parties (including, but not limited to, Champ's vendors and partners, payment processors, banks, and credit card companies) and provide any and all of your personal, financial, banking or other information we possess or have access to.

Each User may establish only one (1) Profile and one (1) Account. Users may not "co-own" or share Accounts. Users may not use or in any way control another person's Account. Users shall not direct, control, control or otherwise use another User's Account in any manner whatsoever, including as a proxy for the User's own Account, to make Contest entries, or to evade any restrictions, limitations or suspensions placed on the User's own Account. Further, Users may not use, direct, or control any Account other than their own for any purpose, including, but not limited to avoiding Account limits, suspensions, responsible gaming related limitations, evading other Account restriction(s) whether self-imposed or imposed by Champ, or abusing promotional or bonus offerings, such as referral bonuses, for which each Account is eligible. The Account misuses and duplications described in this Section 5 shall collectively be referred to as "Multiple Accounting". Multiple Accounting is a violation of these Terms and a violation of state law or regulation in many of the states in which Champ operates. In the event that Champ, in its sole and unlimited discretion, determines that you have committed Multiple Accounting, then, in addition to any other rights that Champ may have at law, equity or created herein, Champ reserves the right to: (i) suspend or terminate any or all of your Accounts (and all other Accounts associated with the Multiple Accounting); (ii) cancel any pending or in-progress entries made on the Accounts associated with the Multiple Accounting; (iii) demand and/or seize all funds earned by you by participating in Contests during the time period of the Multiple Accounting; (iv) terminate, withhold, or revoke the awarding of any prizes, including prizes that you have already withdrawn from your Account; (v) seize or remove all promotional balances, bonuses or free entries previously awarded to each Account(s); (vi) seize all real-money funds in the Account(s) at issue or earned by the User(s) at issue during the course of Multiple Accounting; and (vii) report you to any relevant authorities for violation of state laws and regulations.

You are solely responsible for maintaining the confidentiality of your Profile, Account and password and for restricting access to your computer or other Device(s). You agree to accept full responsibility for all activities, charges, and damages that occur under your Profile and Account. It is a violation of these Terms to knowingly allow another person to use your Account to participate in a Contest. If you discover an unauthorized use of your Account, or other known Account-related security breach, you must report it to Champ immediately. You agree that you are responsible for anything that happens through your Account until you close your Account or prove that your Account security was compromised due to no fault of your own. Champ shall not be liable for any loss or damage arising from your failure to comply with this Section 5.

Eligibility / Age Restrictions

6. Generally, you may access the Site and/or the App and participate in Free Fantasy Leagues in any state, territory, or jurisdiction. However, to enter Contests, you must be physically located within one of the states, territories, or jurisdictions in which Champ operates and is made available for consumer play ("Qualified Location(s)"). Qualified Locations include legal residents physically located in any of the fifty (50) states and Washington, DC, excluding Hawaii, Idaho, Montana, Nevada, Oregon and Washington and any parish in Louisiana where a majority of the qualified electors in the parish voted against the proposition to authorize fantasy sports contests ("Excluded Location(s)"). Legal residents of the Excluded Locations are eligible to open and maintain accounts on the Site for use only in games that do not offer prizes. However, legal residents of Idaho who are physically located outside of the Excluded Locations are eligible to deposit funds, enter contests and earn prizes offered by the Site.

You must be at least eighteen (18) years of age to open an Account, participate in Contests, or win prizes offered by the Site. In jurisdictions, territories, and locations where the minimum age to participate in Contests is greater than eighteen (18) years old, you must meet the age requirement in your local jurisdiction or territory. You must be at least nineteen (19) years of age at time of Account creation if you are a legal resident of Nebraska or Alabama or twenty-one (21) years of age if you are a legal resident of Arizona, Iowa, Louisiana or Massachusetts. It is a criminal offense to allow any individual that does not meet the age requirements in their local jurisdiction or territory to participate in contests. You are responsible for consulting each Qualified Location's rules to determine the minimum age of eligibility, but in no instance may a User enter a Contest or be eligible to win a prize offered if the User is less than eighteen (18) years of age at the time of the Contest.

By creating an Account, Depositing, claiming promo funds, or entering a Contest, you are representing and warranting that:

If Champ, in its sole discretion, determines that you do not meet the eligibility requirements of this Section 6, then you are not authorized to use the Services. Champ may require you to provide proof of eligibility according to this Section 6 prior to entering a Contest, receiving a prize, or withdrawing funds. This includes by requiring an affidavit of eligibility or other verification information.

If Champ otherwise determines that you do not meet the eligibility requirements of this Section 6, in addition to any rights that Champ may have in law or equity, Champ reserves the right to terminate your Account, withhold or revoke the awarding of any prizes associated with your Account, limit your ability to withdraw funds or to work with your bank and other financial institutions and partners to clawback funds you previously withdrew from Champ. Champ also reserves the right to withhold revoked prizes to use in furtherance of its compliance, fraud prevention or anti-money laundering efforts.

We also may conduct investigations for compliance with the Terms or Code of Conduct, including anti-fraud and/or integrity checks on playing patterns and Deposits prior to processing a withdrawal, and we may request additional information before permitting a withdrawal. As long as there are no pending investigations on your Account, you may close your Account and withdraw your Deposits and/or winnings at any time and for any reason.

Contests / Rules / Entry Fees / Results / Prizes

7. After you create an Account, you will be able to view the Contests available for entry. All Contests require an entry fee. All entry fees are fixed, known, and posted in advance of you submitting an entry. Each Free Fantasy League and Contest is governed by specific Rules, including with respect to scoring, controls and guidelines for that Free Fantasy League or Contest, which shall be posted on the Site or App. You agree that you shall be subject to the Rules in effect at the time of entry of a Free Fantasy League or Contest. Such Rules shall be deemed incorporated and part of these Terms and you agree that you shall comply with them in respect of each Free Fantasy League or individual Contest which you choose to enter. It is your responsibility to know and understand the rules and required entry fees for any given Contest. If the Rules for a Contest conflict with these Terms, the Rules for the Contest will control to the extent of the conflict. If the Rules for a Contest conflict with any general rules found on the Site or in the App ("General Rules"), the Rules for the Contest will control to the extent of the conflict.

Please note that you must meet all eligibility requirements and otherwise comply with any other applicable rules to enter a Contest or be eligible to win a prize. Due to restrictions in certain states, territories, and/or jurisdictions, residents of the Excluded Locations are not eligible to participate in our paid entry Contests. You grant Champ the right to withhold prizes if Champ suspects that you failed to satisfy all eligibility requirements. If, following an investigation, Champ determines that you are eligible to participate and receive prizes, then Champ will furnish your prize. Additionally, if Champ discovers that you do not meet eligibility requirements after you have received your prize and/or withdrawn from your Account the prize funds, then Champ may, as it solely deems appropriate, seize funds from your Account or request that your bank freeze the bank account to which the funds were deposited and return such funds to Champ.

In instances where there may be a direct conflict between these Terms and the General Rules, the General Rules control to the extent of the conflict.

Entry fees vary from Contest to Contest. When you choose to enter a Contest and complete the entry process, the requisite entry fee will be debited from your Champ Account. All payments are final. No refunds will be issued.

To be eligible to enter any Contest or receive any prize, you may be required to provide Champ with additional documentation and/or information to verify your identity as the Accountholder, and to provide proof that all eligibility requirements are met. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the person named on the profile of the Account the entry was submitted, or if possession of the Account itself is contested and, in Champ's sole opinion, sufficiently uncertain, the name in which the email address on file was registered with the email service provider. Champ reserves the right not to award a prize to an individual it believes in its sole discretion did not submit the winning entry.

By entering a Contest, you agree to be bound by these Terms, and the Contest Rules and scoring as administered by Champ, which shall be final and binding in all respects. If you engage in conduct or otherwise use any information Champ deems to be improper, unfair or otherwise adverse to the operation of the Contest or is in any way detrimental to other entrants, Champ at its sole discretion may disqualify you from a Contest, refuse to award benefits or prizes, and/or require the return of any prizes.

Except as otherwise provided herein, the following individuals are prohibited from entering a Contest:

You further acknowledge that the forfeiture and/or return of any prize shall not restrict Champ from pursuing criminal or civil proceedings in connection with such conduct.

Contest of Skill

Contests offered through the Services are Contests of skill. Each of our Contests are governed by specific rules, as may be modified from time to time, which are set forth in the Contest Rules and are incorporated into these Terms by reference. Winners are determined by the objective criteria described in the Contest rules and other documentation associated with the Contest. Contest winners are determined by the individuals who use their skill and knowledge of relevant sports information and fantasy sports rules to achieve a winning result according to the scoring rules for that Contest. The Services may not be used for any form of gambling, sports betting, or other game of chance.

Prizes will only be awarded if a Contest is completed. Champ reserves the right to cancel Contests at any time. In the event of a cancellation, all entry fees will be refunded to the entrants except as specifically provided in these Terms. After each Contest ends, the winners are announced (generally by the following day) but remain subject to final verification. Champ reserves the right, in its sole discretion, to cancel or suspend the contests (or any portion thereof) should virus, bugs, unauthorized human intervention, or other causes corrupt administration, security, fairness, integrity or proper operation of the contest (or any portion thereof) warrant doing so. Notification of such changes may be provided by Champ to its Users but will not be required.

Once winners are notified and prizes are awarded, the scoring results will not be changed regardless of any official adjustments made by the professional leagues, though we reserve the right to make adjustments based on errors or irregularities in the transmission of information to us from our stats provider or in our calculation of results.

Contest prize payouts will be established, published, and made available to Users with the creation of a new Contest. Contest prize tables are published prior to Champ opening the Contest to User entries.

Champ will make all reasonable efforts to ensure that all prizes are awarded and deposited within forty-eight (48) hours following the conclusion of each Contest.

Champ may, in its sole and absolute discretion, require the User to execute a separate release of claims as a condition of being awarded any prize, receiving any payout, or continuing to use the Champ platform.

No substitution or transfer of prizes is permitted except at our sole discretion. All prizes are awarded as is, where is and without warranty of any kind, express or implied, (including, without limitation, the implied warranty of merchantability or fitness for a particular purpose) by us. If a legal authority challenges the award and/or your receipt of a prize, Champ reserves the right in its sole discretion to revoke, cancel, suspend, substitute, or modify the award of such prize. In all disputes arising out of the determination of the winner of its Contests, Champ is the sole and final authority as to all determinations and adjudications of the results and/or winners of a Contest, and its actions are final and binding.

You acknowledge and agree that should we, in our sole and absolute discretion, determine that you did not comply with and or adhere to the Terms or Code of Conduct, in any way, we may disqualify you from any Contest entered, in which case any prizes awarded to you in said Contest will be immediately forfeited. You agree to cooperate with our efforts to reverse payments.

All monetary winnings will be deposited directly into your Account. Any amounts that are mistakenly credited as winnings to your Account remain our property and will automatically be transferred from your Account upon confirmation of the error. Any amounts mistakenly credited to your Account that have been withdrawn by you before confirmation of the error will constitute a debt owed by you. You grant Champ the right to request that your bank freeze, seize and/or reverse any funds that were derived from amounts awarded in error by Champ.

Contest Statistics / Live Scoring / Third-Party Information Providers / Corrections

8. To the extent that Champ offers "live" statistics before or during gameplay and/or Contest entry, all "live" statistics, scoring and other information provided through Champ and related information sources are unofficial. Further, during certain Contests, Champ may be reliant on third-party operators to provide "live scoring" of certain sporting events and matches. At times, you may not be able to see or access the most up-to-date information or "live scoring" for the relevant sporting event or match. Regardless of the reason for the delay in information, Champ shall not be liable for any such delay in provision of information or "live scoring."

Champ may also offer historical statistics during a User's selection of a Contest roster. Champ is reliant upon third-party operators for this historical information. Offerings of historical statistics may contain errors or omissions due to any of a number of factors out of Champ's control, and we encourage Users to do their own research before assembling a roster to enter a Contest. Regardless of the reason for errors or omissions in historical statistics, Champ shall not be liable for a User's reliance on historical statistics.

"Live scoring," information, statistics and their respective components are offered for informational and/or entertainment purposes only and are not used to determine the results of Contests. Neither Champ nor its third-party providers warrant or make any representations of any kind with respect to the information provided through the App and/or Site and related information sources. Champ 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 Site and related information sources, shall not be responsible or liable for any error or omissions in that information, nor shall Champ be responsible for any errors or losses you suffer or any other issues that result therefrom.

Although Champ takes steps to ensure that accurate, up-to-date scoring is applied across all Contests, Champ does not guarantee the accuracy of any scoring or stat corrections. Official scores and results will be posted at the conclusion of the sporting event or competition once it has been declared official and all official box scores and statistics are posted. Stat corrections posted by either Champ's third-party data provider or the official league statistic provider more than thirty (30) minutes following the official conclusion of the sporting event or competition will not be retroactively applied to entries and not be taken into consideration for determining how to score the Contest.

Contest Disqualification / Cancellation / No Refunds

9. Once your entry is submitted you may not cancel. Athletes within your entry will be removed from your entry in certain circumstances, including but not limited to DNPs (Did Not Play). Entries will automatically be canceled if the removal of an athlete makes the entry invalid.

All paid entry fees are final. No refunds will be issued. 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 name the Account was registered.

Users may participate in Contests only as specified in the Terms and Code of Conduct. Failure to comply with these Terms or the Code of Conduct will result in disqualification and, if applicable, prize forfeiture or seizure.

Champ, in its sole discretion, may disqualify you from a Free Fantasy League, Contest or the entire Service, refuse to award prizes, require the return of any prizes, or suspend, limit, deactivate or terminate your Profile or Account if you engage in conduct Champ deems, in its sole discretion, to be improper, unfair, fraudulent, in violation of the Terms or Code of Conduct or is otherwise adverse to the operation of the Service or in any way detrimental to other users. Improper conduct includes, but is not limited to: falsifying personal information, including payment information, required to use the Service or claim a prize; violating eligible payment method terms, including the terms of any cash rewards payment card; accumulating points, Contest wins or prizes through unauthorized methods such as unauthorized 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 the Service; obtaining other entrants' information and spamming other entrants; abusing the Service in any way; or otherwise violating these Terms. You acknowledge that the forfeiture and/or return of any prize shall in no way prevent Champ from informing the relevant authorities, and/or pursuing criminal or civil proceedings in connection with such conduct.

Deposits and Withdrawals

10. To participate in a Contest, you will be required to Deposit by any of the methods permitted on the Services. Such funds will be deposited into your Account upon actual receipt of the funds by Champ. Minimum and maximum limits may be applied to Deposits, depending upon your history with the Services; the method of deposit; state, territory, and/or jurisdiction-imposed deposit limits; any self-imposed deposit limits you set; and other factors as determined solely by Champ. We are not a bank and funds are not insured by any governmental agency. No interest is payable on amounts on deposit in your Account. All payments into your Account must be from a payment source on which you are the named Accountholder. It shall be a violation of these Terms for you to submit payment using any payment method for which you are not the named account holder. In addition, to be eligible to Deposit and play Contests, you must not be subject to backup withholding tax from the IRS or other government authority.

By Depositing or entering paid Contests, you agree to provide us with a valid full name, mailing address, date of birth, and any other information we 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 you. While your Account is pending verification, you may be able to Deposit and participate in Contests, but you will not be able to withdraw any funds from your Account until verification is complete. If we are unable to verify you, we reserve the right to suspend your Account and withhold any funds until such time as we have been able to successfully verify you.

If Champ requests that a User completes and executes such an affidavit and the User fails to do so within ten (10) days, or Champ otherwise determines that the User does not meet the eligibility requirements or is not in compliance with these Terms, Champ reserves the right to terminate the entrant's Account and withhold or revoke the awarding of any prizes associated with such Account. In such a situation, Champ may pay out any withheld or revoked prizes to the other entrants in the relevant Contest in a manner consistent with the rules of the Contest.

If any Deposit is charged back, any winnings generated from Contests shall be invalidated, forfeited, and deducted from your Account balance or seized from any bank account into which you have deposited the prizes. In addition, the amount of the initial Deposit will be invalidated, forfeited, and deducted from the Account balance. If, following such deductions, your Account balance is in a negative balance, you expressly acknowledge and agree that such negative balance shall constitute an uncontestable debt payable by you to us, due and payable immediately. Champ reserves the right to close your Account without notice should a Deposit be charged back.

As a User, you will have two months from the date you create your Account to provide a preferred method of Deposit. You may request that a previously provided method of payment is removed from your Account no more than once (1) in any calendar month, and no more than five (5) times over any twelve-month span. Additionally, Champ may remove any method of Deposit at any time at Champ's sole discretion and determination.

When you Deposit or earn winnings, your Deposits and winnings after Contests are completed and held in a separate, segregated bank account (the "Segregated Account") held by a third party (the "Company") for the benefit of the User. These funds are not commingled with any other funds, including, but not limited to, the funds of the Company or Champ, and the Company has in place policies and procedures to ensure that Segregated Account funds remain segregated. Vendors, players, and creditors shall be aware that the funds in the Segregated Account do not belong to the Company or any associated Company subsidiary or trustee, although the Company is entitled to income accruing on the Segregated Account. Further, funds held in the Segregated Account are not available to creditors of the Company. The funds in the Segregated Account belong to you and other Users, subject to review for verification or evidence of fraud or other prohibited conduct as described above, and neither Champ nor the Company may not use them to cover its operating expenses or for other purposes. You will not receive interest or other income on the Segregated Account.

Players who believe that funds held by or their accounts with Champ have been misallocated, compromised, or otherwise mishandled, may register a complaint with Champ online by emailing support@champfantasysports.com.

Champ shall use its best efforts to respond to such complaints within ten (10) days. If Champ determines that the relief requested in the complaint will not be granted, its response will set forth the specific reasons therefore. If more information is required for the Company to process the complaint, the response will note the form and nature of the additional information needed.

From time to time, Champ may provide you with promotional discounts or bonuses, for example, as an incentive to use the Services, to establish an Account, or to refer others to sign up with Champ. Such promotional programs may be governed by their own terms and conditions which will be presented at the time of such promotions. Unless otherwise provided, promotional discounts are non-transferrable.

Any bonuses or promotions that you do not apply to a Contest (i.e., use) within ninety (90) days of receipt of the bonuses or promotions shall automatically terminate and become null and void, at Champ's sole, unlimited discretion. Any existing bonuses or promotions you received prior to the Effective Date of these Terms shall remain valid for an additional sixty (60) days from the Effective Date before such bonuses and promotions shall automatically terminate and become null and void.

You may request a withdrawal of funds from the available cash balance in your Account at any time. You are the only person or entity authorized to withdraw funds from your Account. The minimum withdrawal is $10.00 (USD). Account holders with pending Deposits must wait until those funds clear before requesting a withdrawal. Withdrawals shall only be provided via PayPal payment to you, an ACH bank transfer to your account, or an OCT transfer via an eligible credit card company's push payment solution. Withdrawals that you make from your Account and checks issued from such Account may bear the name of a Company subsidiary.

Users may withdraw their cash prize awards as well as cash Deposits by using the "Withdrawal" option on the Site or App. Champ has safeguards in place to prevent unauthorized withdrawals from User Accounts. You may be requested to complete an affidavit of eligibility and a liability/publicity release (unless prohibited by law), Knowledge Base Authentication verification, and/or appropriate tax forms and forms of identification as reasonably requested by Champ to complete a withdrawal. If your identity and Account cannot be verified, Champ will not release the funds from your Account. We also may conduct checks for Terms and Code of Conduct compliance, including anti-fraud checks on playing patterns and deposits prior to processing a withdrawal, and we may request additional information either before permitting a withdrawal or at any point in time after a withdrawal if Champ unilaterally determines that any such withdrawal(s) potentially violated either these Terms or any relevant federal, state, local, or international laws or regulations. Failure to comply with this requirement may result in disqualification and forfeiture of any prizes as well as all monies withdrawn via the Site or App in perpetuity.

Processing of requested funds back may take up to five (5) business days, but Champ reserves the right to freeze your Account and/or delay a request for withdrawal of funds for a reasonable period of time pending completion of any investigation of reported or suspected abuse based on a good faith belief of fraudulent conduct or conduct that would cause the Company to violate applicable law. In the event of such investigation, Champ shall notify you of the nature of the investigation. Further, processing of funds may take up to ten (10) business days if Champ, in its sole and unlimited discretion, determines that you must submit tax reporting paperwork related to the requested withdrawal. If you do not receive your withdrawal within five (5) business days, please contact customer support. Checks for withdrawal requests are processed within fourteen (14) business days and are sent via U.S. Mail.

If your Account is closed by us for a violation of the Terms, we reserve the right to determine, in our sole discretion, whether to declare as void any transaction placed by you. If a prize has been awarded on a closed account due to fraud, Champ may withhold the prize, provided that the prize is then awarded to another participant in the Contest who would have won the prize had that User not participated. Further, if you have already withdrawn funds, whether prizes or otherwise (e.g. other monies not won via Contests), that were, in the sole determination of Champ, the result of a violation of these Terms and/or federal, state, local, or international law or regulation, then you grant Champ the right to debit the bank account to which these funds were deposited without reservation and until Champ recoups, in whole, any and all monies that you improperly withdrew. In such an event, we will first use your Account funds to defray the costs of administration and enforcement of the Terms.

You shall, at all times, maintain an account at a bank that is a member of the Federal Reserve ACH System (the "Bank Account"). You expressly authorize us to debit and/or credit the Bank Account according to these Terms. You further authorize us, as well as our third-party payment processors and all related banks, to process electronic funds transfers through the Bank Account you designate. You represent and warrant that you shall, at all times, maintain a sufficient balance in your Bank Account to cover all obligations owed to us pursuant to these Terms and further expressly waive all rights to dispute any attachment or other debt collection efforts undertaken by us and/or our assigns, agents, and partners in instances where you do not maintain a sufficient balance in your Bank Account to cover all obligations owed to us. Further, you expressly agree that we, and/or our third-party payment processors and related banks, may debit any such Bank Account held by, or on, your behalf, to satisfy any of your obligations to us that arise out of or in any way relate to these Terms, the Site, App, or your use of Champ Services, including, without limitation, Deposits and Withdrawals. This authorization shall survive the termination of these Terms and shall continue in perpetuity until all your obligations to us are paid in full, including, but not limited to, the obligations described in these Terms. If you wish to revoke your authorization for us to debit the Bank Account, you must submit that request, in writing, in the manner required for providing notice to Champ as set forth in the Terms, at least twenty-four (24) hours prior to the origination of any entry or transaction permitted by the Terms. You may not submit any such notice revoking authorization for us to debit the Bank Account at any point in time after originating the withdrawal.

To the extent allowed by law, if you, via your Account, have not entered a Contest, made a Deposit or a Withdrawal, or submitted a support ticket for eighteen (18) consecutive months, your Account will be deemed inactive. Unless prohibited by applicable law, Champ will charge a fee of $4.00 per month on all inactive accounts ("Inactivity Fee") until the sooner of: (i) the Account is reactivated; or (ii) the Account has a $0.00 balance. Champ will provide all Users subject to an Inactivity Fee with at least thirty (30) days notice prior to the first deduction of fees. This Section shall not be applicable to users in Massachusetts, New York, or other jurisdictions which maintain separate requirements for Inactive Accounts.

If your account remains inactive for the amount of time specified by applicable state law, usually between thirty-six (36) and sixty (60) months, it will be considered abandoned. Once an account is abandoned, Champ is required by state law to remit the abandoned funds to the appropriate state agency as unclaimed property. Champ may also charge additional fees associated with the delivery of abandoned funds to the applicable state agency. Once funds have been turned over to the state, we have no further liability to you for such funds and if you choose to reclaim such funds, you must comply with applicable laws governing the same.

All Deposits and withdrawals will be denominated in U.S. dollars unless otherwise expressly stated. If you make a Deposit that is denominated in a currency other than U.S. dollars, please be aware that the funds will be converted into U.S. dollars by our Payment Processors (defined below), or your financial institution and you may be charged a service fee for such conversion. Please also be aware that our Payment Processors and/or your financial institution may use different conversion rates for deposit, withdrawal, and refund transactions. The conversion rate used is not under our control and we recommend that you contact your financial institution directly for more information.

All taxes associated with the receipt of any prize are the sole responsibility of the winner. In the event that the awarding of prizes to winners of Contests is challenged by any legal authority, Champ reserves the right in its sole discretion to determine whether or not to award such prizes.

Each year all winners who have won $600 or more during the previous year must provide updated address and social security details to Champ. These details will be used to allow Champ to comply with tax regulations and may be shared with appropriate tax and/or law enforcement authorities at Champ's sole discretion. In accordance with Champ' policy, and in compliance with United States Internal Revenue Service regulations, Champ may be required to submit a Form 1099-MISC, Miscellaneous Income (Form 1099) with the Internal Revenue Service (IRS) or other appropriate form to any person who wins (winnings less entry fees) in excess of $600 (USD) on the Site in a given year. Depending on the jurisdiction in which you reside, Champ may require you to complete a Form W-9, Request for Taxpayer Identification Number (TIN) and Certification and/or additional tax forms. This information will be used to file the Form 1099 with the IRS. Champ reserves the right to suspend all account activity, including any payments and/or withdrawals, until a complete and valid IRS Form W-9 is provided. Champ reserves the right to withhold (from your existing Account balance and/or from future net winnings) any amount required to be withheld by law. You remain solely responsible for filing and paying all federal, state, and other taxes in accordance with the laws that apply in your state, territory, jurisdiction, province, and/or country of residence. Further, it is your sole responsibility to provide Champ, upon request, with all personal information necessary to submit a Form 1099-MISC. If you fail to provide all requested information and therefore prevent Champ from filing all pertinent tax forms, including the Form 1099-MISC, then you bear all responsibility, and you indemnify, and hold harmless Champ from any resulting liability, lawsuit, judgment, or any other action stemming from this failure. Champ does not provide tax advice, nor should any statements in these Terms or on the Service be construed as tax advice.

Champ uses third-party electronic payment processors and financial institutions ("Payment Processor(s)") to process Deposits and/or payments for services or products offered via the Services. The information that we provide to and receive from these Payment Processors and the manner in which such information is used and disclosed is described in further detail in the Privacy Policy. You irrevocably authorize us, as necessary, to instruct such Payment Processors to handle payments and you irrevocably agree that Champ may give such instructions on your behalf in accordance with your requests as submitted through the Services. You agree to be bound by the terms and conditions of each applicable Payment Processor, and in the event of a conflict between these Terms and the Payment Processors' terms and conditions, then these Terms shall prevail. You further agree that Champ is not liable for any loss caused by any unauthorized use of your credit card or other method of payment by a third party in connection with your use of the Services, except as a result of the recklessness or wanton disregard of Champ or its employees.

Responsible Gaming

11. Champ reserves the right, in its sole discretion, to decide if you are interacting with the Site in a responsible way in accordance with Champ policies and procedures. We also allow third parties, who have concerns about a player's ability to manage his or her play, to contact customer service to make a report regarding that player's participation in Champ Contests. Champ further reserves the right to terminate or suspend the account of any user suspected or reported as being unable to properly manage their use of the Services. You can learn more about our responsible play policies by contacting us at support@champfantasysports.com.

Notwithstanding the foregoing, Champ reserves the right, in its sole discretion, to impose stricter responsible gaming limits than those imposed by law or the User and exclude such Users as necessary to best promote our responsible gaming policies.

Any attempt by you, whether or not successful, to evade or assist others in evading responsible gaming controls, whether self-imposed or otherwise, and including self-exclusion, shall be a violation of these Terms. You grant Champ the sole and unfettered right to deactivate and/or report to any relevant authorities any Account(s) you create, access, manage or operate in contravention of responsible gaming controls. Additionally, you grant Champ an unlimited ability to take any of the following actions in relation to an Account created or used to evade, or in violation of, responsible gaming controls: (i) void all entries made or Contests entered; (ii) seize and retain all Deposits; (iii) seize and retain all winnings and prizes; (iv) remove all promotional or bonus funds; or (v) reverse and/or freeze any attempted or completed withdrawals including funds withdrawn to your bank account or other financial institution. You also agree to fully indemnify and hold harmless Champ against any action at law, equity or otherwise and any liabilities that are a direct or indirect result of your evasion of responsible gaming limits and restrictions. Such indemnity shall include, but not be limited to, all damages or injuries you and/or your family suffer as a direct or indirect result of your actions or inactions as well as any investigations, administrative actions, prosecutions, or any other actions undertaken by any governmental or quasi-governmental authority as the direct or indirect result of your actions as described in this Section 11. Nothing in this Section shall be interpreted to limit any other remedies, indemnities, or other relief provided to Champ in these Terms.

12. By entering a Contest, you grant license and consent to Champ's and its service providers' and business partners' use of your name, voice, likeness, image, location, photograph, or video in connection with the development, production, distribution and/or exploitation (including marketing and promotion) of the selected Contest and/or other Champ Contests and Champ generally, unless otherwise prohibited by law. Champ and its service providers and business 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. Entrants agree that Champ may announce any winner's name on-air or on any of its websites or any other location at any time in connection with the marketing and promotion of Champ or other Contests or games operated by Champ. You agree that participation in and (where applicable) the winning of prize winnings in connection with a Contest constitute complete compensation for your obligations under this paragraph, and you agree not to seek to charge a fee or impose other conditions on the fulfillment of these obligations, and expressly release and waive any claims related to Champ' use of the license granted in this paragraph. The rules specific to certain Contests may contain additional publicity obligations or may require a written signature on a separate publicity waiver.

13. You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos, or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from whom such materials originated, which may be you.

14. Champ reserves all rights not specifically granted herein. You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, and other indicia of ownership on the Content or other materials accessed through the Service. The delivery of, and license to, the Content and/or access to third party materials does not transfer to you any commercial or promotional use rights in the Content or any portion thereof. Any use of Content, or descriptions; any derivative use of this Site or its materials; and any use of data mining, robots, or similar data gathering, and extraction tools is strictly prohibited. In no event shall the user frame any portion of the Site, or any materials contained therein.

15. While Champ uses reasonable efforts to include accurate and up-to-date information on the Site, Champ makes no warranties or representations as to its accuracy. Champ assumes no liability or responsibility for any errors or representations in the Content or this Site.

16. The Site may contain links to other sites on the Internet which are owned and operated by Third Party Vendors and other third parties (the "External Sites"). You acknowledge that Champ is not responsible for the availability of, or the materials located on or through, any External Sites. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the materials located on such External Sites.

17. The Services may enable you to submit, post, upload, or otherwise make available through the Services content such as profile information, communications with other users, whether privately or made publicly available, video clips, photographs, public messages, ideas, comments, and other content (collectively, "User Content") that may or may not be viewable by other users. You understand that all User Content, whether privately transmitted or made publicly available, is the sole responsibility of the person from which such User Content originated. You further agree that you have all required rights to submit, post, upload or otherwise use or disseminate such User Content without violation of any third-party rights. This means that you, not Champ, are entirely responsible for all User Content that you upload, post, share, email, transmit, or otherwise make available via the Services. Under no circumstances will Champ be liable in any way for any User Content.

18. You may not post materials or content that contains any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful content or content which is racially, ethnically, or otherwise objectionable, or which infringes upon the rights of any third party. You agree to not impersonate any person or communicate under a false name or a name the user is not entitled or authorized to use.

19. You acknowledge that by accessing the Site, you may come into contact with content that you find harmful, offensive, threatening, indecent or objectionable and you acknowledge that Champ shall have no liability to you for the content including, but not limited to explicit language and other potentially offensive material. Champ has the right (but not the obligation) to remove, prohibit, edit, or discontinue any content on the Site, including content that has been posted by users. You acknowledge that Champ may or may not pre-screen User Content, but that Champ and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, permanently delete, undelete, modify and/or move any User Content available via the Services. Without limiting the foregoing, Champ and its designees shall have the right to remove any User Content that violates these Terms or is otherwise objectionable in Champ's sole discretion. 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 Services.

20. You are solely responsible for your interactions with other users of the Services. Champ reserves the right, but has no obligation, to monitor disputes between you and other users.

21. You acknowledge and agree that Champ does not verify, adopt, ratify, or sanction User Content, and you agree that you must evaluate and bear all risks associated with your use of User Content or your reliance on the accuracy, completeness, or usefulness of User Content. You understand that by using the Services, you may be exposed to User Content that you may consider offensive or objectionable. You also acknowledge that Champ is a provider of an interactive computing service as set forth the Communications Decency Act, 47 U.S.C. §230. Champ expressly reserves its rights to not be treated as the publisher or speaker of any information provided by another information content provider on or through the Services.

22. If you post content or submit material, unless such User Content or material submittal is subject to separate terms and conditions, Champ shall own such User Content and material and you hereby assign any rights in such content and material to Champ. In the event ownership in the User Content or material cannot be granted to Champ, you grant Champ and its affiliates a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sublicensable right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such content and material as if it were the full owner thereof. Furthermore, you grant Champ, its affiliates, and sublicensees the right to use your name and/or username in connection with the User Content. You represent and warrant that all User Content and materials you provide: (a) shall be your original work product and will not be based on, or derived from, the proprietary information or items of a third party; and (b) shall comply with all content restrictions set forth in this Agreement. Furthermore, you represent and warrant that your use of the Service in connection with any Content, User Content or third-party content complies with all laws including, but not limited to, United States copyright law. You will defend, indemnify, and hold Champ and its affiliates harmless from and against any claims resulting from any content or materials you provide hereunder or your use of the Service.

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

Violation of the above may result in the removal of your User Content from the Site, forfeiture of winnings, and/or the canceling of your Account. You acknowledge and agree that Champ may remove any User Content and terminate any Champ account at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content). To report Terms of Service violations, please contact us by sending an email to support@champfantasysports.com.

24. You shall not transmit to Champ or upload to this Site any Harmful Code or use or misappropriate the data on this Site for your own commercial gain. "Harmful Code" shall mean any software (sometimes referred to as "viruses," "worms," "trojan horses," "time bombs," "time locks," "drop dead devices," "traps," "access codes," "cancelbots" or "trap door devices") that: (a) is intentionally designed to damage, destroy, disrupt, disable, harm, impair, interfere with, intercept, interrupt, expropriate or otherwise limit the functionality of any computer software or hardware, data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person's information without such other person's knowledge and permission.

25. At your discretion, you may provide feedback to Champ concerning the functionality and performance of the Service from time to time, including, without limitation, identifying potential errors, improvements, modifications, bug fixes, or enhancements ("Feedback"). If you, through your evaluation or otherwise, suggests any Feedback, you hereby assign the ownership in all Feedback to Champ. In the event ownership in the Feedback cannot be granted to Champ, you grant Champ at no charge a perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify, and otherwise exploit such Feedback without restriction. You agree that Champ may disclose that Feedback to any third party in any manner and you agree that Champ has the ability to sublicense all Feedback in any form to any third party without restriction.

26. The Site may contain areas in which additional terms and conditions apply. For purposes of the use of such areas, in the event of a conflict between the terms and conditions of such other areas and these Terms, the terms and conditions of the other area shall prevail.

27. To determine your eligibility to use the Services, Champ may 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, video game device or console, 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, such a virtual private network, 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. Champ reserves the right to suspend and/or terminate your Account if you prevent the Services from accurately determining your location. For more information about how the Services collects, uses and retains your information, please read the Champ Privacy Policy.

28. The Services also may make use of push notifications to devices that support the transmission of such notifications or alerts. Push notifications are used to send notification messages to you regarding offers, products, events, and other promotions and related alerts, as well as informational and/or administrative messages. After downloading and installing the App, you may be asked to accept or deny push notifications. If you deny, you will not receive any push notifications. If you accept, push notifications will be automatically sent to you. If you no longer wish to receive push notifications from the Site, you may opt out by changing your notification settings on your device or, if applicable, through the push notification service. For mobile devices, the device manufacturer, not Champ, controls these notification settings.

29. You may not use your username and password for any unauthorized purpose.

30. Champ may retain and use, information collected in your use of the Service, provided such information does not individually identify you. Champ may collect, use, and share your personal information in accordance with its Privacy Policy.

31. Champ does not knowingly collect any information from anyone who we know to be under the age of 13. If you are under the age of 18, you should use this website only with the involvement of a parent or guardian and should not submit any personal information to Champ. If Champ discovers that a person under the age of 13 has provided Champ with any personal information, Champ will use commercially reasonable efforts to delete such person's personal information from all Champ systems.

32. Champ may terminate your access to our Site or the Service for any reason at any time. The provisions that by their nature are designed to survive termination or expiration of this Agreement shall survive termination or expiration of this Agreement or your access to our Site or Service.

33. By using this Site, you signify your assent to these terms of use and agree to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations, copyright laws and other laws regarding intellectual property. If you do not agree to these terms of use, please do not use the Site.

34. The materials on this Site are provided with "Restricted Rights." Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Champ's proprietary rights in them.

35. THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE SITE, ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, CHAMP AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE SITE; (B) THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE SITE; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE SITE; (D) THE MESSAGES AND INFORMATION SENT FROM THE SITE BY USERS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE SITE OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE. CHAMP DOES NOT WARRANT THAT THE SITE, ANY OF THE SITE'S FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

CHAMP DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, CHAMP SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE SITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITE OR THE CONTENT. FURTHER, CHAMP AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.

CHAMP, ITS PARENTS, SUBSIDIARIES AND AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, AND OTHER REPRESENTATIVES OF EACH OF THEM, SHALL NOT BE LIABLE FOR THE USE OF THE SITE INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS AGREEMENT.

36. YOU UNDERSTAND AND AGREE THAT CHAMP LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE SITE AS SET FORTH BELOW: UNDER NO CIRCUMSTANCES SHALL CHAMP, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE "COMPANY ENTITIES AND INDIVIDUALS"), 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 SITE, THE CONTENT, OR YOUR UPLOADED INFORMATION; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE SITE; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY CHAMP OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITE OR CONTENT;(4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR (5) ANY ERRORS OR OMISSIONS IN THE SITE'S TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF CHAMP ENTITIES AND INDIVIDUALS 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, TELECOMMUNICATIONS OR INTERNET FAILURE, OR THEFT OR DESTRUCTION OF THE SITE). IN NO EVENT WILL CHAMP ENTITIES AND INDIVIDUALS 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. IN NO EVENT SHALL CHAMP ENTITIES OR INDIVIDUALS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100). CHAMP ENTITIES AND INDIVIDUALS 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 THIS SITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE OR THE CONTENT. YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF CHAMP'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 SITE OR OTHER PROPERTY OWNED OR CONTROLLED BY CHAMP AND/OR ITS PARENTS, SUBSIDIARIES, AND/OR AFFILIATES OR YOUR UPLOADED INFORMATION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY COMPANY SITE OR OTHER PROPERTY OR YOUR UPLOADED INFORMATION OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO. BY ACCESSING THE SITE, 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, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.

37. You shall not assign or transfer this Agreement without the prior written consent of Champ. Any attempt to assign or transfer this Agreement by you shall be void.

38. The laws of the State of Texas, excluding its conflicts of law rules, govern this Agreement and your use of the Site. Notwithstanding the foregoing, the Arbitration Agreement in Section 30 shall be governed by the Federal Arbitration Act. For the avoidance of doubt, the choice of Texas governing law shall not supersede any mandatory consumer protection legislation in such jurisdictions.

39. Champ shall not be liable to you for any delay or failure of Champ to perform its obligations hereunder if such delay or failure arises from any cause or causes beyond the reasonable control of Champ. Such causes shall include, but are not limited to, acts of God, floods, fires, loss of electricity or other utilities, labor strike, or delays by you in performing any requirements hereunder.

40. This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms.

41. Each provision of this Agreement is a separately enforceable provision. If any provision of this Agreement is determined to be or becomes unenforceable or illegal, such provision shall be reformed to the minimum extent necessary for this Agreement to remain in effect in accordance with its terms as modified by such reformation. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole and any such provision should be enforced by authorities, and reconstructed, if need be, to apply to the maximum extent allowable under applicable law.

42. The failure by Champ to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. No failure or delay in enforcing any right or exercising any remedy by Champ will be deemed a waiver of any right or remedy.

43. Reasonable attorneys' fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this Agreement.

44. The section headings used herein are for convenience only and shall not be given any legal import.

45. Our Customer Support Department is available at support@champfantasysports.com to address any concerns you may have regarding the Services. Our Customer Service Department can resolve most concerns quickly to our Users' satisfaction. You and Champ agree to use our best efforts through this Customer Service process to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition to either party initiating a lawsuit or arbitration.

46. Any dispute, controversy or claim arising under, out of or relating to this Agreement and any subsequent amendments of this Agreement, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, which are not resolved through the Customer Support process above, shall be submitted to arbitration before the American Arbitration Association ("AAA") in accordance with the AAA Consumer Arbitration Rules. The place of arbitration shall be Dallas, Texas. The language to be used in the arbitral proceedings shall be English. The Parties may apply to any court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief as necessary, without breach of this Section and without abridgment of the powers of the arbitrator. The arbitrator may award any form of individual or equitable relief, including injunctive relief. Any award will be final and conclusive to the Parties and may be entered in any court of competent jurisdiction. You agree to the entry of injunctive relief to stop any lawsuit or to remove you as a participant in such a suit. By using the Site in any manner, you agree to this arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Champ. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. This provision preventing you from bringing, joining or participating in class action lawsuits is an independent covenant. You may opt-out of this Section by providing written notice of your decision within thirty (30) days of the date that you first use the Site.

All claims arising out of or relating to this Agreement, to the Services, or to your relationship with Champ that, for whatever reason, are not submitted to arbitration will be litigated exclusively in the federal or state courts of Dallas, Texas, U.S.A. You and Champ consent to the exercise of personal jurisdiction of such courts in the State of Texas and waive any claim that such courts constitute an inconvenient forum.

47. Any cause of action or claim you may have arising out of or relating to these Terms or the Services must be commenced within one (1) year after the cause of action accrues, otherwise the parties agree that such cause of action or claim is permanently barred.

48. Except as it relates to provisions regarding binding arbitration and waiver of class action rights, Champ reserves the right, in its sole discretion, modify or update this Agreement from time to time, so you should review this page periodically. When Champ materially changes this Agreement, Champ will update the 'Last Updated' date at the top of this page and, if you are a registered user, notify you that material changes have been made to this Agreement. In addition, Champ may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending. Any such changes will become as of the Last Updated date; changes addressing new functions of the Champ Services or changes made for legal reasons will be effective immediately. Your continued use of the Champ Services after the date any such change become effective constitutes your acceptance of this Agreement, as updated. If you do not agree to any of these terms or any future terms, you may not use or access the Champ Services. Notices to Champ shall be made to the attention of the "Legal Notices" and sent via mail to Champ Sports Company, 1700 Cedar Springs Rd, #803, Dallas, TX 75202, with a copy sent via email to support@champfantasysports.com.

49. Ongoing Contests shall be subject to the version of the Terms that is in effect at the start of the Contest. Further, all actions and matters specifically related to fraud, misrepresentation, cheating, theft, or other conduct that Champ, in its sole and unlimited discretion, deems to be improper, shall be governed by the most recent version of these Terms.

50. No professional or amateur sports league or any team associated with any professional or amateur sports league is associated with Champ or in any way affiliated or associated with the Contests.

51. Subject to your compliance with these Terms, Champ grants you a limited non-exclusive, non-transferable license to download and install a copy of Champ' App on a device that you exclusively control and to run such copy of the App solely for your own personal use. Champ reserves all rights in and to the app not expressly granted to you under these Terms. You will not run any version of the App on a jailbroken device.

52. If you have downloaded our App, you agree to promptly download and install any new version that we make available through the Apple App Store or Google Play store, as applicable. Some new versions may contain updated Terms. Some new versions may contain security fixes and service improvements, whether or not we disclose that they do; accordingly, failure to promptly update your version of the App may in some cases expose you to increased security risks or Services malfunctions.

53. These Terms shall also apply to the use of the App. These Terms are intended to be in addition to the End User License Agreement (found here: https://www.apple.com/legal/internet-services/itunes/appstore/dev/stdeula) for the App, and to the extent any of these Terms conflict with the End User License Agreement, these Terms shall be deemed to apply and the conflicting provision in the End User License Agreement shall not be applicable. Any reference to the Site in these Terms shall also be deemed to include the App.

54. Champ 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 copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, please provide Champ's Copyright Agent a written Notice meeting all the requirements of the Digital Millennium Copyright Act ("DMCA"). Your notice should contain the following information:

If you fail to comply with all the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

Our designated copyright agent to receive DMCA Notices and Counter-Notices (as further defined below) may be contacted at support@champfantasysports.com.

55. For California Residents: Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, CA 95834, or by telephone at 1 (800) 952-5210.

56. This Agreement shall constitute the entire agreement between the parties regarding the subject matter hereof and supersede all proposals and prior discussions and writings between the parties with respect thereto.