IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 15
You hereby represent and warrant that you are a natural person (corporate entities and similar organizations are not eligible to use the BanditStash service for any purpose) and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these terms and to abide by and comply with these terms.
If you do not meet the eligibility requirements of this section, then do not use the BanditStash service. In addition to any other rights that BanditStash may have in law or equity, BanditStash 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 Member of the BanditStash service that does not meet the foregoing requirements. BanditStash may require you to provide proof that you are eligible to participate according to this section prior to receiving a prize.
You may establish only one account per person to participate in the activities offered on the BanditStash service. In the event BanditStash discovers that you have opened more than one account per person, in addition to any other rights that BanditStash may have, BanditStash reserves the right to suspend or terminate any or all of your accounts and terminate, withhold or revoke the awarding of any prizes.
BanditStash employees may use the BanditStash service for the purpose of testing the Member experience, but may not withdraw prizes for themselves. BanditStash consultants or promoters of the site may play in contests without limitation. These individuals do not have any access to non-public site data or any other data not made available to all Members on the site and will not receive any other advantages in their play on the site.
Athletes may not participate in any BanditStash contests in which they or any part of their team are available for selection.
In order to participate in contest on the Site, you must register for an account. By registering as a Member of the Site, you agree to provide accurate, current and complete information about yourself as prompted (such information being the Registration Data) and maintain and promptly update the Registration Data to keep it accurate, current and complete. If you provide any information that is inaccurate, not current or incomplete, or BanditStash has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, BanditStash may deny you access to areas requiring registration, at its sole discretion.
At the time of registration for online account access, you must provide a valid email address and supply a Membername 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 Membername and Password, and are fully responsible for all uses of your Membername and Password, whether by you or others. You agree to (a) keep your Membername and Password confidential and not share them with anyone else; (b) immediately notify BanditStash of any unauthorized use of your Membername and Password or account or any other breach of security; and (c) use only your Membername and Password to access the Site's Restricted Areas. BanditStash 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 BanditStash is authorized to act on instructions received through use of your Membername and Password, and that BanditStash may, but is not obligated to, deny access or block any transaction made through use of your Membername and Password without prior notice if we believe your Membername and Password are being used by someone other than you, or for any other reason.
As a result of your registration for the Site, you may receive certain commercial communications from BanditStash 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 lucky@BanditStash.com.
BanditStash, 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 BanditStash 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 BanditStash website in any way. Entrant further acknowledges that the forfeiture and/or return of any prize shall in no way prevent BanditStash from pursuing criminal or civil proceedings in connection with such conduct. Further this service MAY NOT BE USED FOR ANY FORM OF GAMBLING.
BanditStash 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 BanditStash; 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.
BanditStash 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 BanditStash corrupts or affects the administration, security, fairness, integrity or proper conduct of the service, BanditStash 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 BanditStash website.
The failure of BanditStash 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 BanditStash (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these terms.
BanditStash is a game of skill. Winners are determined by the criteria stated in each contest's rules. For each contest, winners are determined by the individuals who use their skill and knowledge of relevant PGA Tour information and BanditSash contest rules to accumulate the most fantasy points. Fantasy points are accumulated through the performance of individual golfers, sometimes across multiple PGA events.
BanditStash offers contests for PGA Tour events taking place on a single day or at most a week.
After each contest ends, prizes are awarded (generally by 10 AM ET the following day). Prizes consist of "Points" and "Nuggets", and cannot be converted to cash, and hold no value outside of the game BanditStash. The Members in each contest who accumulate the most fantasy points will win prizes as set out in the posted contest details. Prizes are added to the winner's account balance, aka their “stash.” In the event of a tie, the prize is divided evenly between the tied Members, unless otherwise specified.
BanditStash offers a number of different types of contests. For each contest, we announce the entry fees and prizes in advance on the contest page. For a summary of entry fees and prizes for currently open contests please login and visit the main lobby.
Prize calculations are based on the results as of the time when final scoring is tabulated by BanditStash. Once prizes are awarded, the scoring results will not be changed regardless of any official adjustments made by the PGA Tour.
No substitution or transfer of prize is permitted. In the event that the awarding of any prizes to winners of the Contest is challenged by any legal authority, BanditStash reserves the right in its sole discretion to determine whether or not to award such prizes.
You understand that all Member Content, including but not limited to profile information and communications with other Members, whether privately transmitted or made publicly available, is the sole responsibility of the person from which such Member Content originated. This means that you, not BanditStash, are entirely responsible for all Member Content that you upload, post, share, email, transmit, or otherwise make available via the Site. Under no circumstances will BanditStash be liable in any way for any Member Content uploaded, posted, shared, emailed, transmitted or otherwise made available via the Site.
You acknowledge that BanditStash may or may not pre-screen Member Content, but that BanditStash and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, permanently delete, and/or move any Member Content available via the Site. Without limiting the foregoing, BanditStash and its designees shall have the right to remove any Member Content that violates these Terms or is otherwise objectionable in BanditStash's sole discretion. You understand that by using the Site, you may be exposed to Member 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 Member 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 Member Content you submit or make available on the Site, you grant BanditStash 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 Member Content (in whole or in part) and to incorporate such Member Content into other works in any format or medium now known or later developed.
You are solely responsible for your interactions with other Members of the Site. BanditStash reserves the right, but has no obligation, to monitor disputes between you and other Members.
By using the BanditStash service or accepting any prize, entrants, including but not limited to the winners, you agree to release and to hold harmless BanditStash 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.
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 BanditStash has no control over, and no duty to take any action regarding: which Members 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 BanditStash 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. BanditStash makes no representations concerning any content contained in or accessed through the Site, and BanditStash will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site.
You understand and agree that BanditStash 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 BanditStash 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, BanditStash'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 BanditStash 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.
All title, ownership and intellectual property rights in and to the Site are owned by BanditStash 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 BanditStash, 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 BanditStash has no control over such sites and resources, you acknowledge and agree that BanditStash 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 BanditStash 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.
You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to the Terms or this Agreement.
Initial Dispute Resolution: Our Customer Support Department is available by email (lucky@banditstash..com). Any concerns you may have regarding the Site. Our Customer Service Department is able to resolve most concerns quickly to our Members’ satisfaction. The parties shall use their best efforts through this Customer Service process to settle any dispute, claim, question, or disagreement and good faith negotiations which shall be a condition to either party initiating a lawsuit or arbitration.
Binding Arbitration: If the parties do not reach an agreed upon solution within a period of 30 days from the time informal dispute resolution under the Initial Dispute Resolution provision, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to this Agreement (including its formation, performance and breach), the parties’ relationship with each other and/or your use of the Site shall be finally settled by binding arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the American Arbitration Association (the “AAA”), excluding any rules or procedures governing or permitting class actions.
Location. If you are a resident of the United States, arbitration will take place at any reasonable location within the United States convenient for you. For residents in Canada, arbitration shall be initiated in the County of Fairfield, State of Connecticut, United States of America, and you and BanditStash agree to submit to the personal jurisdiction of any federal or state court in Fairfield County, Connecticut, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
Class Action Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. You and BanditStash agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exception - Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
30-Day Right to Opt Out: You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following address: Bandit Stash, LLC 365 Post Rd Darien, CT 06820. The notice must be sent within 30 days of your first use of the Site otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, BanditStash also will not be bound by them.
Changes to this Section. BanditStash will provide 60-days’ notice of any changes to this section. Changes will become effective on the 60th day, and will apply prospectively only to any claims arising after the 60th day.
For any dispute not subject to arbitration you and BanditStash agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in Darien, CT. 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 BanditStash shall be governed by the laws of the State of Connecticut without regard to conflict of law provisions.
These Terms constitute the entire agreement between you and BanditStash with respect to the Site and supersedes any prior agreements, oral or written, between you and BanditStash.
The failure of BanditStash 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.
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.