This Athstat Gaming Terms of Service (“TOS”) sets forth terms and conditions, hand in hand with the Athstat Privacy Policy and Athstat Responsible Gaming policy, that govern your access to and use of the Athstat Gaming Paid Fantasy services (“Athstat Gaming Paid Fantasy” or the “Services”) and your participation in the contests offered therein (each, a “Contest”). Athstat Gaming Paid Fantasy services currently include Athstat Gaming Daily Fantasy (DFS). This DFS game includes both a paid service as well as a free service. Athstat Gaming is wholly owned by Athstat LLC, a Commonwealth of Virginia Limited Liability Company (LLC).
This TOS, together with any additional terms, addendums, or documents that may be referenced herein and therein (collectively, “Agreement”), form the entire agreement between you and Athstat LLC and its affiliates (collectively, “Athstat”) in connection with the Services. Your use, or continued use of the Services constitutes acceptance of the Agreement. Do not use the Services if you do not wish to be bound by the Agreement. Athstat may update and change this Agreement at any time without notice to you; your access to and/or use of the Services after any such change means you accept such change. At any time you can review the most current version of the Paid Fantasy TOS by accessing the Athstat app, currently located in the Apple App Store and Android Play Store.
The Contests are void where prohibited. To be eligible to enter any paid Contest, you must meet all of the following conditions:
You are at least 18 years of age (19 if located in NE, or 21 if located in MA);
You are physically located in the following regions within the United States at the time of contest entry: the District of Columbia, and the following States: Alaska, Arkansas, California, Florida, Georgia, Illinois, Kansas, Kentucky, Maryland, Massachusetts, Minnesota, Nebraska, New Mexico, North Carolina, North Dakota, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Texas, Utah, West Virginia, Wisconsin, and Wyoming.
Wyoming. collectively, the “Eligibility Area”
You are physically located in the Eligibility Area at the time of your entry into a Contest; and You are not listed on any US Government prohibited or watch list.
You may also be required to sign and return an Affidavit of Eligibility as proof of your eligibility to participate in the Contests. You will be required to provide this information within ten (10) days after Athstat first attempts to contact you. If you fail to comply with this deadline, Athstat may disqualify you from further participation, and withhold or revoke any prizes at its sole discretion. If Athstat chooses to disqualify you on this basis, it will refund the Contest entry fee for the Contest from which you were disqualified.
Athstat may, at its sole discretion, restrict or limit users from entering certain contests based on their contest play history and results.
Employees and agents of Athstat, its corporate affiliates, subsidiaries, advertising and promotional agencies, any other prize sponsor and any entity involved in the development, production, implementation, administration or fulfillment of the Contests (all the foregoing, together with Athstat, collectively referred to as “Contest Entities”), and the immediate family members and persons living in the same household as any of the above may not participate in any publicly available paid Contests or free Contests with cash or cash equivalent prizes except for purposes of testing the user experience on a limited basis. Participation in free Contests with no prizes and private paid Contests is permitted.
Athletes, coaches, and other team management, team support personnel, and team owners are not eligible for any Athstat Contests in the sport or sports in which their team competes. Team owners, referees, league employees, sports commissioners, sports agents and other individuals who, through an ownership interest or game-related employment, can influence gameplay in the real world game are also ineligible.
A valid Athstat ID (also known as a User ID) is required to participate in Athstat Gaming Paid Fantasy.In order to create an ID, user must be verified by the Athstat platform. In order to do so, user will be requested to provide the following information:
At no point will Athstat store personally identifiable information (PII) in our databases. All PII data is transmitted in encrypted form to a secure third party ID verification service (Idology). A check is run to validate the user is who they say they are, and approval is granted. Once approval is granted, user can then proceed to continue using the Athstat platform.
If you do not have an Athstat ID, you will be prompted to sign up for one before being permitted to enter or participate in a Contest offered on the Service. Please ensure that your contact information is accurate, up-to-date, and complete, including a valid email address. This information is mandatory if you wish to be eligible to win and collect prizes. A user who has not provided valid registration information will automatically be deemed ineligible and will not be considered for a prize. A valid bank account or credit card is also required to add funds to your Athstat Fantasy Sports account and to receive and collect a prize. A valid ACH/Bank account or credit card may only be associated with a single Athstat ID.
Please note that Contests may only be played under the Athstat ID with which they were created or entered, and may not be transferred to another Athstat ID or played by another person. Also, you may not share an account with another person or allow another user to play under your Athstat ID. Likewise, you may not enter a Contest on behalf of someone without an Athstat ID, or that is ineligible to participate in the Contest. As a rule, each Contest entrant ("Entrant") is allowed to play under one Athstat ID. It is at Athstat's sole discretion and judgment to determine whether multiple Athstat IDs belong to the same Entrant. If you are found to be participating in the Contests using more than one Athstat ID, such penalties may include, but are not limited to, disqualification from current and future Contests and forfeiture of Contest entry fee(s) or potential winnings.
Users will be required to set up a ‘Pay-in’ payment mechanism if they wish to participate in Athstat Gaming Paid Fantasy leagues. The approved payment processor for Athstat LLC is Signature Payments. Signature Payments may use partner payment processors or platforms at their discretion and within legal bounds, that will not affect the user and/or the platform. Users will be able to sign up using credit cards or Bank accounts in the Android or iOS applications. Upon approval, users will then use their approved payment mechanism to purchase entry into a Paid Fantasy league.
If users win a league winnings, Athstat will perform a ‘pay-out’ function to the bank account registered in the Athstat app. This pay-out mechanism is also managed through Signature payments.
Athstat does not use the concept of a ‘wallet’ or any other mechanism to allow a user to ‘hold’ money. Users will be pay to enter a league and receive winnings should they win the league, paid out within a specific amount of time.
Upon payment to enter a league, users may not receive a refund once payment has been completed, unless deemed otherwise by Athstat LLC and only for specific cases. If a user wishes to receive a refund, they need to send an email to gaming@athstat.com, to outline their request for a refund.
Should any type of refund be approved, users who wish to receive said refund will receive monies paid out by Athstat to the payment mechanism they used to deposit funds into their Athstat account.
How To Play:
In addition to these rules, additional rules, instructions and guidelines regarding game play and scoring (which are fully incorporated into this Paid Fantasy TOS by reference) are listed in the section below.
1. User must be 18 years of age or older and live in an area where fantasy games are legal in order to participate in Athstat games.
2. A user may only create one team per competition, but may sign up for multiple competitions. Within a competition, user may enter multiple leagues with their team.
Player = User who logs in to create an account and play Athstat Daily Fantasy games Team = Created by the user by picking 5 athletes playing in the real life version of the game Competition = An event created in the Athstat DFS that users can join, usually mapped to a real life event such as the 2023 Rugby World Cup Championship
League = a user- or Athstat-managed group of teams that compete against each other within the overall Competition. The leagues can be paid-to-enter with cash prizes or free to enter with no cash prices
In-app-currency = virtual dollars ($) assigned to a player to use in the buying and trading of athletes on their team. These are freely provided for each competition and a user starts off with a set amount depending on the sports code and competition they enter. For example soccer will have a different beginning budget, because there are a different number or starting athletes on the team.
AthCoins = unique Athstat Currency that is purchased using cash. 1 AthCoin = $1USD. AthCoins are used to enter paid-for leagues that have cash prizes.
3. Each Team Consists of specific number of athletes depending on the sports code
4. Users may swap players in and out of their teams at any moment.
5. Athlete Prices will be based on current market values.
7. In-app currency is not able to be purchased using real-world currency. 8. In-app currency is earned/lost based on a user's trading decisions.
9. Once a user has created a team, they can join a league.
10. There are two types of leagues:
a. Athstat Leagues -
i. Cost- Athstat Leagues can be free or paid. For paid leagues, users will enter a league with AthCoins. The amount of AthCoins it will take to join a league will vary from league to league, however, the cost (in AthCoins) will be listed before a user can register for a league.
ii. Duration - Athstat leagues will take place over either 2 Weeks, 1 Month or a Sports Season. At the end of which a prize of real-world currency will be awarded (see iv. Prizes)
iii. Prizes - Real-word currency prize that will be announced to all users before they are allowed to register. (see 18. Prizes)
b. User Leagues -
i. Cost- Always Free to enter
ii. Duration - Season.
iii. Prizes - None.
11. Upon joining Athstat Games, a user automatically receives 1 AthCoin that can be used to join an Athstat backed paid league for a chance to win Prizes (see #19-20).. A User may create leagues for other users to join. User created leagues are free and do not cost any AthCoins.
12. A user-based league does not have any prize pool.
13. When a User joins a league. Their initial score is zero.
14. The user’s score will be updated as the Teams Value changes, and will be calculated as the difference between the initial entry team value and the current team value. 15. The difference between the initial entry team value and the current team value, is what will determine whether or not they have won the league. See item 17 for how points are awarded.
16. The 1st place winner of the league will win the entirety of the cash price. If there is a tie for first, the cash prize will be split equally.
17. A user team’s value will be changed based on the Athstat AI model and how it calculates performance.
An example for rugby 15s is posted below::
18. An Athstat analysis model automatically creates and updates user’s points. This model is proprietary - no user may access the code, infrastructure or raw output from the model at any time.
19. Athstat will announce prizes for each league at least 24 hours prior to the league starting
20. For Athstat-created paid leagues, the top user of each league will be deemed the winner of the league. In order to receive their prize the following must occur:
a. The winner of the prize shall be notified by email within 5 business days of the conclusion of the league and, in each case, provided details of how to claim their prize.
b. Winners must be 18+ years of age and live in an area where fantasy games are legal. We reserve the right to ask for identification to verify this information. c. If a winner does not respond to Athstat within 14 days of being notified of their win. Athstat reserves the right to offer the prize to the user with the second
highest score. This user again will be notified by email, and will be given details of how to claim their prize.
d. If a winner declines the prize, or the winner is invalid or in breach of Athstat’s Rules and End User Licensing Agreement, that winner’s prize will be forfeited. In this case, Athstat reserves the right to offer the prize to the user with the second highest score.
e. Once the winner of the prize has been selected, proof that a valid winner was awarded a prize can be obtained by sending an email to gaming@athstat.com.
All prizes offered are established and made known to Contest entrants in advance of each Contest and are listed on each respective Contest page. Shortly following the conclusion of each Contest, Athstat Gaming will display the list of potential Contest winners (subject to verification). These Contest results will not be changed due to any subsequent official adjustments of statistics by Athstat’s data providers unless otherwise determined by Athstat at its sole discretion. In the event of a tie, Athstat will combine the winning prizes and evenly distribute the prizes to the tied entrants. For example, if three participants tie for 1st place, with 1st place winning $100, 2nd place winning $50, and 3rd place winning $30, each of the tied entrants will receive $60. Winners will be contacted via email by Athstat Gaming personnel, using the email address provided in the app. Athstat personnel will send prize winnings to the user's registered bank account in the app and distribute prize money within 3 business days.
All potential winners are subject to verification by Athstat, and must meet all eligibility requirements before a prize will be awarded.
Prizes may not be transferred or assigned except by Athstat. Only listed prizes will be awarded and no substitutions, equivalents or redemptions will be made. Expenses not specifically stated in this TOS, together with the reporting and payment of all applicable taxes, fees, and/or surcharges, if any, arising out of, or resulting from, acceptance or use of a prize, are the sole responsibility of the winner of that prize. A potential winner may be required to provide
additional documentation (such as social security number) in order to comply with tax and other legal reporting requirements. Each winner may receive an IRS Form 1099 for the value of the prize awarded. As required by law in certain jurisdictions, Athstat may withhold verified prize winnings from entrants with delinquent child support obligations. Contest Entities expressly disclaim any responsibility or liability for injury or loss to any person or property relating to the delivery and/or subsequent use of the prizes awarded. Contest Entities make no representations or warranties concerning the appearance, safety, or performance of any prize awarded. Any unclaimed prizes will not be awarded. Restrictions, conditions, and limitations apply. Contest Entities will not replace any lost or stolen prize items.
Cash deposits for entry fees and cash prize winnings are held by Athstat in one or more bank accounts (i.e., a "Segregated Account"). The funds held in the Segregated Account(s) do not belong to Athstat or the Contest Entities and it is our intention and practice to take all reasonable actions to make sure that such funds are not available to creditors of Athstat other than to players whose funds are held in the Segregated Account. Athstat and the Contest Entities do not and will not commingle the funds in the Segregated Account with any other funds belonging to Athstat or the Contest Entities. Athstat and the Contest Entities do not and will not use the funds in the Segregated Account for its operating expenses or any other purpose. If you believe that funds in your Athstat Fantasy Sports account have been misallocated, compromised or otherwise mishandled, you may contact us online using the "Contact us" link in the footers of Athstat Gaming Paid Fantasy websites, the “Help” section of the Athstat Fantasy app or the Contact Us links below.
Entrants may access cash prize winnings and any cash deposits for entry fees (excluding bonuses and promotions) from their Athstat Fantasy Sports account once funds have settled. Requests for access to funds will be honored by the later of five business days of the request or ten business days of the submission of any tax reporting documentation required by applicable law, unless. Available funds will be credited directly into the Entrant's Bank account or credit card depending on their preferred method of payment.
Bonuses and promotions may be offered by Athstat Gaming Paid Fantasy from time-to-time. Any cash bonuses and promotions an entrant receives may not be available to access from your Athstat Fantasy Sports account unless certain conditions are met as stated by the terms for each applicable bonus, or promotion. These terms may include, but are not limited to, using the bonus to enter into at least one Contest with an entry fee greater than zero dollars. Any attempted abuse of bonuses is prohibited, and may result in the loss of bonuses, and the suspension of all playing privileges on Athstat Gaming Paid Fantasy.
Accounts may be deemed dormant or inactive for the amount of time specified by applicable state law, usually between thirty-six (36) and sixty (60) months. Once an account is classified as dormant, any remaining funds held in the account will be handled in accordance with applicable state laws to remit abandoned funds to the appropriate state agency as unclaimed property.
If any Contest is not capable of running as planned, for any reason including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Contest Entities which corrupt or affect the administration, security, fairness, integrity or proper conduct of any Contest, Athstat reserves the right at its sole discretion to cancel, terminate, modify, or suspend a Contest without any further obligation.
In the event Athstat is prevented from continuing with a Contest or the integrity and/or feasibility of a Contest is severely undermined by any event beyond the control of Athstat, including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, infection by computer virus, unauthorized intervention, technical failures or other cause not reasonably within the control of Athstat (each a “Force Majeure” event or occurrence), Athstat reserves the right at its sole discretion to cancel, terminate, modify, or suspend a Contest without any further obligation.
Athstat reserves the right to identify and label players who meet certain criteria (including but not limited to frequency of play, frequency of wins) in a manner visible to other players. Such criteria and labels will be determined by Athstat in its sole discretion and may be changed or modified at any time, with or without notice, by Athstat.
By accessing and using Athstat Gaming Paid Fantasy and entering the Contests, entrants agree to be bound by the decisions of the Contest Entities, which are final and binding in all respects. Athstat reserves the right at its sole discretion to disqualify any individual it finds to be (a) tampering or attempting to tamper with the entry process or the operation of Athstat Gaming Paid Fantasy, any Contest, or any Athstat website; (b) violating the Official Daily Fantasy Rules, the Official Best Ball Rules, the Official Public Prize League Rules, this Paid Fantasy TOS, or any other guidelines, rules, or instructions associated with Athstat Gaming Paid Fantasy or the Contests; (c) violating the TOS, conditions of use and/or general rules or guidelines of any other Services; or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.
Actions deemed as improper conduct include, but are not limited to, the following:
● Providing false information about your eligibility to enter Contests and collect prizes
● Using any fraudulent, or unauthorized credit cards, or payment methods
● Using any automated services or routines including, but not limited to, robots, web crawlers, spiders, ants, and scrapers to access and/or collect information on any Athstat site without explicit written consent from Athstat; this includes uploading, editing or otherwise modifying lineups using any automated scripts or tools or otherwise interacting with Athstat Gaming Paid Fantasy using methods or technology other than the Athstat-provided interface and technology
● Attempting to abuse, as determined solely at Athstat’s discretion, bonuses and promotions
● Attempting to tamper with, or alter a real-life sporting event that is directly connected with the Contests in which you have direct involvement or interest
● Sharing your lineup with other individual(s) prior to a contest starting, including for purposes of engaging in syndicate play or otherwise attempting to collude with other players
● Selling any stakes in your own play, buying stakes in other players, or other means of redistributing entry fees or winnings based on pre-existing agreements or relationships with other players
● Buying or selling lineups to be used on Athstat Gaming Paid Fantasy. If you engage in conduct that Athstat determines, in its sole discretion, is harmful or detrimental to other Contest entrants or is unfair, fraudulent or otherwise negatively impacts Athstat Gaming Paid Fantasy or if you create a Athstat ID, nickname, or Contest name that Athstat deems, in its sole discretion, to be abusive, defamatory, harassing, hateful, indecent, objectionable, offensive, or vulgar, we reserve the right to cancel any Contests you created, cancel any of your Contest entries, refuse to award prizes, limit your participation in Contests, and block your Athstat Fantasy Sports account from any future activity.
If you, as an Entrant, notice any improper conduct, please notify our Customer Care team at gaming@athstat.com at once so that we can investigate and take the appropriate action – if any is deemed necessary – against the offending entrants and accounts.
Please note that a violation of this Paid Fantasy TOS, DFS rules, conditions of use, and/or the general guidelines of any Service may be enforced against all other activities associated with the offending Athstat ID. If your Athstat ID is found to be in violation of the terms of service or official rules of another Service, that violation is grounds for Athstat to suspend or terminate your access to all products or Services played under your Athstat ID - including Athstat Gaming Paid Fantasy. Your Contest entry fee(s) or potential winnings may be forfeited if Athstat cancels any Contests you created, cancels any of your Contest entries, or blocks your Athstat Fantasy Sports account from any future activity as result of your violation of the Agreement.
CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR MOBILE APPLICATION OR UNDERMINE THE LEGITIMATE OPERATION OF ATHSTAT GAMING OR THE CONTESTS MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, Athstat RESERVES THE RIGHT TO IMMEDIATELY TERMINATE THE ENTRANT’S ACCOUNT, IF ANY, AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
The Contests are governed by the laws of the United States, without regard to its conflict of laws principles, and are subject to all applicable federal, state, and local laws and regulations, and is void where prohibited by law. Athstat Gaming Paid Fantasy is offered for entertainment purposes only and may not be used in connection with any form of gambling or wagering. By entering, each Entrant: (a) releases and holds harmless the Contest Entities, including, without
limitation, the respective directors, officers, employees and agents of each, from any and all liability for any injuries, loss or damage of any kind to persons, including death, or property damage resulting in whole or in party, directly or indirectly, from the use of Athstat Gaming Paid Fantasy, acceptance, possession, misuse or use of any prize, participation in the Contests, or while traveling to, preparing for, or participating in any prize-related activity, bankruptcy, addictive behavior or any other state that causes harm to Entrant; and (b) grants to Contest Entities the right to use and publish Athstat ID or nickname, city/state of residence, score, and Contest ranking, in any and all media now known or hereinafter developed without territorial or time limitations, in connection with the Contests.
Contest Entities assume no liability for lost, late, misdirected or garbled entries, or for theft, destruction, or unauthorized access to, entries. Contest Entities assume no responsibility for any incorrect or inaccurate information, whether caused by website users, by any of the equipment or programming associated with or utilized in the Contest, or by any technical or human error which may occur in the processing of submissions or game transactions in connection with the Contest. Contest Entities assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, failures, or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, email, players, or browsers, whether on account of technical problems, traffic congestion on the Internet or at any website, or on account of any combination of the foregoing, that may occur (including but not limited to any such problems which may result in the inability to access the Contest site or to process any game transaction(s) in connection with the Contest). Contest Entities assume no responsibility for any injury or damage to entrants or to any computer related to or resulting from participating in, or downloading materials in connection with, Athstat Gaming Paid Fantasy or any Contests. If Athstat Gaming Paid Fantasy or any Contest is not capable of running as planned, for any reason including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Contest Entities which corrupt or affect the administration, security, fairness, integrity or proper conduct of Athstat Gaming Paid Fantasy or the Contests, Athstat reserves the right at its sole discretion to cancel, terminate, modify, or suspend Athstat Gaming Paid Fantasy or any Contest.
By using Athstat Gaming Paid Fantasy and by entering the Contests, you agree to Athstat’s use of your personal information, as described in the Athstat Privacy Policy. You also agree to the use of your personal information as stated in the section entitled “Publicity” below and you acknowledge and agree that your account activity and winnings may be disclosed by Athstat to applicable state or federal entities (e.g. Secretary of State, Department of Revenue, etc.).
While potential winners may be posted on the Contest site(s) at the conclusion of each Contest, all potential winners are still subject to verification and must meet all eligibility requirements before a prize will be awarded. Lists of verified prize winners may be obtained after winner confirmation is complete and within 90 days after conclusion of any Contest on Athstat Gaming Paid Fantasy by sending a self-addressed, stamped envelope to: Athstat Gaming Paid Fantasy, Winners List Requests, 40736 Chevington Lane, Leesburg VA 20175.
Participation in Athstat Gaming Paid Fantasy and acceptance of prizes constitutes each winner’s permission for the Contest Entities to use his/her name, address (city and state), likeness, photograph, picture, portrait, voice, biographical information, and/or any statements made by each winner regarding Athstat Gaming Paid Fantasy or Athstat for advertising and promotional purposes without notice or additional compensation, except where prohibited by law. Additionally, Athstat may request that you sign and return a publicity release to confirm your grant of rights to Athstat hereunder.
Athstat Gaming Paid Fantasy and the Contests and all of the related pages, content and code are generally copyrighted by Athstat LLC and/or the Contest Entities. Copying or unauthorized use of any copyrighted materials, trademarks, or any other intellectual property without the express written consent of its owner is strictly prohibited. Athstat Gaming Paid Fantasy and Contests are not affiliated with, nor endorsed by, the National Football League, the National Basketball Association, the National Hockey League, Major League Baseball, UEFA Champions League, English Premier League, or any of their respective member teams, the Professional Golfers' Association, or any other sports organization, league or entity.
Athstat may freely assign the Paid Fantasy TOS and all of the policies and other documents incorporated or referenced in it (including all rights, licenses, and obligations under it or them), in whole or in part and without notice, for any reason, including for the purpose of internal restructuring (for example, mergers or liquidations).
If you can't find the answer to your question in reviewing this TOS, we recommend reviewing the Help section in the app for additional information.
For further questions regarding our paid fantasy contests, please contract us at: gaming@athstat.com
