Last Updated: September 18, 2018
Welcome to Daily Number! Daily Number is the newest, simplest, and most exciting way to play daily fantasy sports. Rather than competing against other users, your fantasy sports lineup competes against a fixed target score known as the Daily Number. No need to outthink the pros and other stat crunching nerds. Simply outscore the target and win. Before using Daily Number, please take some time to carefully read our Terms of Service below ("Terms," or "Agreement"). The Terms below constitutes a binding contract between you and Daily Number.
You agree to use the Services only for lawful purposes, and that you are responsible for your use of the Services and communications with us, all of which must comply with these Terms.
You hereby represent and warrant that you 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.
DN reserves the right to modify, suspend, or discontinue the Services (including, but not limited to, the availability of any feature, database, or Content), whether temporarily or permanently at any time for any reason. You agree that DN shall not be liable to your or to any third party for any modification, suspension, or discontinuation of the Services. DN may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
Creating Your Daily Number Account
You may view Content (as further defined below) on the Site or App without registering for an account, but as a condition of using certain aspects of the Services, including entering Contests through the Site or App, you are required to create a DN account ("Account," as further defined below). You must be at least eighteen (18) years of age to open a DN account for any Paid Entry contests. You must be at least thirteen (13) years of age to open a DN account for any Free contests.
To sign up for an Account, you must submit your full name, a username and password, as well as your mailing address, phone number, and date of birth. You must provide accurate, complete, and updated contact information, identification details, and any other form of authentication that DN may request in its sole discretion. To enter Contests that require you to make deposits, you may be required to submit your social security number. You must provide us with accurate and complete information when if, at any time, your account information changes.
You may not use a username that promotes a commercial venture or a username that DN in its sole discretion deems offensive. DN may require you to change your username or may unilaterally change your username.
You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities, charges, and damages that occur under your account. It shall be a violation of these Terms of Service to allow any other person to use your account to participate in any Contest. If you discover any unauthorized use of your account, or other known account-related security breach, you must report it to [email protected] 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. DN cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
Each individual user may establish only one (1) Account. For avoidance of doubt, users may not "co-own" accounts on the Service. In the event DN discovers that you have opened more than one account, in addition to any other rights that DN may have, DN reserves the right to suspend or terminate any or all of your accounts and terminate, withhold, or revoke the awarding of any prizes.
Purpose of Account
You agree that the sole and specific purpose of creating an account on DN is to participate in fantasy sports Contests. DN shall be entitled to suspend, limit, or terminate your account if we determine, in our sole discretion, that you are depositing funds without the intention of using them in Contests on the Service. In such circumstances, we may also report such activity to relevant authorities.
Generally, you may have access to Free Contests (as further defined below) in any jurisdiction. There are restrictions, however, on who may have access to Paid Entry Contests (as further defined below), and where those persons may access the Paid Entry Contests. This Eligibility section applies to Paid Entry Contests.
You must also be at least eighteen (18) years of age to participate in Contests or win prizes offered through DN Paid Entry Contests. In jurisdictions, territories, and locations where the minimum age for permissible use of Paid Entry Contests is greater than eighteen (18) years old, you must meet the age requirement in your local jurisdiction or territory. To enter a Paid Entry Contest, you must be at least nineteen (19) years of age if you are a legal resident of Alabama or Nebraska or twenty-one (21) years of age if you are a legal resident of Massachusetts. Legal residents physically located in any of the fifty (50) states and Washington, DC, excluding Alabama, Arizona, Hawaii, Idaho, Iowa, Louisiana, Montana, Nevada, Texas, and Washington (the "Prohibited States") and Delaware, Indiana, Maine, Mississippi, Missouri, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Tennessee, Vermont, and Virginia (the "Legislated Omitted States") (collectively with the Prohibited States, the "Excluded States") are eligible to open an account and participate in Paid Entry Contests offered by DN.
Legal residents of the Excluded States are eligible to open and maintain accounts on the Site for use only in games that do not offer prizes. However, legal residents of Alabama, Delaware, or Idaho who are physically located outside of the Excluded States are eligible to deposit funds, enter Contests and earn prizes offered by DN. Moreover, DN will begin offering Paid Entry Contests in the Legislated Omitted States upon obtaining proper licensing in each state. Please check these Terms for updates on included states.
By depositing money or entering a Paid Entry Contest, you are representing and warranting that:
DN employees may use the Service for the purpose of testing the user experience but may not withdraw money or prizes. Relatives of DN employees with whom they share a household are not eligible to participate in Contests unless they are Free Contests. DN consultants or promoters of the Service may play in Contests without such limitation, but only if (i) their arrangement with DN does not permit them to have any access to non-public Service data or any other data not made available to all players on the Service and (ii) they do not receive any other advantages in their play on the Service.
If DN determines that you do not meet the eligibility requirements of this section, then you are not authorized to use the Service. DN may require you to provide proof that you are eligible to participate according to this section prior to receiving a prize. This includes by requesting that you fill out an affidavit of eligibility or other verification information. If DN otherwise determines that you do not meet the eligibility requirements of this section, in addition to any rights that DN may have in law or equity, DN reserves the right to terminate your account, withhold or revoke the awarding of any prizes associated with your account or limit your ability to withdraw. In such a situation, DN may pay out any withheld or revoked prizes to the other entrants in the relevant Contest in a manner consistent with the prize structure of the Contest, to be precisely determined by DN in its sole discretion. DN also reserves the right to withhold revoked prizes to use in furtherance of its fraud prevention or anti-money laundering efforts.
You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Services accessible, the Services may be unavailable from time to time for any reason including, without limitation, system down time for routine maintenance. You further understand that there may be interruptions in service or events on third-party sites that may affect your use of the Services and that are beyond our control to prevent or correct. Interruptions in the Services that are beyond our control shall not serve as a basis to demand a full or partial refund of any prepaid fees.
DN may limit access, via technological means, to the Site and the services in the Excluded States. If you attempt to deposit money into an Account or play in any Contest in which a prize is awarded while located in an Excluded State, you will be in violation of the law of such Excluded State and these Terms, and subject to having your Account suspended or terminated. You hereby agree that we cannot be held liable if laws applicable to you restrict or prohibit your participation. We make no representations or warranties, implicit or explicit, as to your legal right to participate in any service offered nor shall any person affiliated, or claiming affiliation, with us have authority to make any such representations or warranties. We do not intend that the Site or App and the services offered thereon to be used by persons present in jurisdictions in which the playing of fantasy sports Contests may be prohibited or restricted.
After you create an account, you will be able to visit the Site or App and view the games available for entry ("Contests"). While some Contests may be free to enter, certain Contests on the Site or App will require an entry fee. It is your responsibility to know and understand the rules and required entry fees for any given Contest.
DN offers two categories of Contests - Free Contests and Paid Entry Contests.
Please note that you must meet all eligibility requirements and otherwise comply with any other applicable rules to be eligible to win a prize. In particular, due to restrictions in state law, residents of the Excluded States are not eligible to participate in our Paid Entry Contests.
Paid Entry Contests each have an entry fee listed in US dollars. The entry fee may vary from Contest to Contest. When you choose to enter a Paid Entry Contest and complete the entry process, the requisite entry fee will be debited from your DN account. You may cancel your entry before a Contests starts, in which case the Entry Fee will be refunded to your account.
Conditions for Entry
To be eligible to enter any Contest or receive any prize, you may be required to provide DN with additional documentation and/or information to verify your identity as the account holder, and to provide proof that all eligibility requirements are met. In the event of a dispute as to the identity or eligibility of an account holder, DN will, in its sole and absolute discretion, utilize certain information collected by DN to assist in verifying the identity and/or eligibility of such account holder.
In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the person in whose username the entry was submitted, or if possession of the username itself is Contested and in DN's opinion sufficiently uncertain, the name in which the email address on file was registered with the email service provider. DN reserves the right not to award a prize to an individual it believes in its sole discretion did not submit the winning entry.
DN employees ("Employees") and Immediate Family Members (an "Immediate Family Member" means any domestic partner and relative of the employee who resident at an employee's residence, including but not limited to parents, grandparents, in-laws, children, siblings, and spouses) are not permitted to play in any Paid Entry Contest hosted on the Site or App; provided, however, Employees and Immediate Family Members are permitted to play in Free Contests.
By entering a Contest, entrants agree to be bound by these Rules and the decisions of DN, which shall be final and binding in all respects. DN, at its sole discretion, may disqualify any entrant from a Contest, refuse to award benefits or prizes and require the return of any prizes, if the entrant engages in conduct or otherwise utilizes any information DN deems to be improper, unfair or otherwise adverse to the operation of the Contest or is in any way detrimental to other entrants. These Terms prohibit entering a Contest if the entrant is:
In addition, conduct that would be deemed improper also includes, but is not limited to:
Users further acknowledge that the forfeiture and/or return of any prize shall in no way prevent DN from pursuing criminal or civil proceedings in connection with such conduct.
Indemnification for Contest Entry
By entering into a Contest or accepting any prize, entrants, including but not limited to the winner(s), agree to indemnify, release and to hold harmless DN, its parents, subsidiaries, affiliates and agents, 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 injuries, damages, or losses to persons and property which may be sustained in connection with participation in the Contest, the receipt, ownership, use or misuse of any prize or while preparing for, participating in and/or travelling to or from any prize related activity, as well as any claims based on publicity rights, defamation, or invasion of privacy. DN may, in its sole and absolute discretion, require the account holder to execute a separate release of claims similar to the one listed above in this Paragraph as a condition of being awarded any prize or receiving any payout.
Contest of Skill – Paid Entry Contests
Paid Entry Contests offered on the Site or App are Contests of skill. DN offers fantasy sports Contests where you must create a lineup that scores enough points to beat the target number provided by DN. Draft requirements, player rankings, entry fees and scoring may differ from Contest to Contest. 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 this reference. Winners are determined by the objective criteria described in the Contest deadline, roster, Rules, scoring, and any other applicable documentation associated with the Contest. From all entries received for each Contest, winners are determined by the individuals who use their skill and knowledge of relevant sports information and fantasy sports rules to accumulate the most points according to the corresponding scoring rules and accumulate more points than the Daily Number for that contest. The Site, App, and Contests may not be used for any form of illicit gambling.
Prizes will only be awarded if a Contest is run. We reserve the right to cancel Contests at any time. In the event of a cancellation, all entry fees will be refunded to the customer except as specifically provided in these Terms of Service.
The players in each Contest who accumulate enough fantasy points to beat the target number and comply with eligibility requirements and applicable rules will win prizes as set out in the posted Contest details. In the event a player lineup scores the exact equivalent amount of points as the target score, this "tie" will be determined in favor of the player, and the player will receive the full prize amount.
After each Contest ends, the tentative winners are announced (generally by the following day) but remain subject to final verification. Winners may be requested to return via email or regular mail an affidavit of eligibility, a publicity agreement and appropriate tax forms by a specified deadline. Failure to comply with this requirement can result in disqualification. Any prize notification returned as undeliverable may result in disqualification and selection of an alternate winner. In addition, a list of winners and winner's names for each public Contest may be obtained by writing to: Daily Number, Inc. 421 W 3rd Street, Unit 513, Austin, Texas 78701.
Once winners are determined 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 published with the creation of each new Contest ("Contest Prize Table").
Prizes will be awarded as soon as reasonably practicable following the conclusion of each Contest. The prizes available for each Contest are published in the respective Contest Prize Table.
No substitution or transfer of prize is permitted except at our sole discretion. All prizes are awarded AS IS and WITHOUT WARRANTY OF ANY KIND, express or implied, (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose) by us. If any legal authority challenges the award and/or your receipt of a prize for winning a Contest, DN 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 DN Contests, DN is the sole judge 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 of Service, in any way, we may disqualify you from any Contest entered, in which case any prizes awarded to you as a result of 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 winnings mistakenly credited to your Account that have been withdrawn by you before confirmation of the error will constitute a debt owed by you.
Contest Statistics and Live Scoring
To the extent that we offer 'live' statistics during gameplay, all 'live' statistics and other information provided through the Site or App and related information sources are unofficial. Live sports statistics and their respective components are offered for informational and/or entertainment purposes only and are not used to determine the results of our Contests. While DN and the third parties used to provide the Services use reasonable efforts to include accurate and up-to-date information, neither DN nor its third-party providers warrant or make any representations of any kind with respect to the information provided through the Site or App and related information sources. DN 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 or App and related information sources, and shall not be responsible or liable for any error or omissions in that information.
You may withdraw from any Contest entered, at any time, prior to either the acceptance by us of the final Contestant's entry, or the commencement of the Contest, whichever is sooner. If you timely cancel an entry, your entry fee will be refunded back into your Account. DN has no obligation to honor cancellation requests received after the start of a Contest.
Deposits made on our site will appear on your statement as DAILY NUMBER LTD. All payments 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.
Disqualification and Cancellation by Daily Number
Participation in each Contest must be made only as specified in the Terms of Service. Failure to comply with these Terms of Service will result in disqualification and, if applicable, prize forfeiture.
DN, in its sole discretion, may disqualify you from a Contest or the entire Service, refuse to award fantasy points or prizes and require the return of any prizes, or suspend, limit, or terminate your Account if you engage in conduct DN deems, in its sole discretion, to be improper, unfair, fraudulent or 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, violating any of these rules, accumulating points 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; and abusing the Service in any way; or otherwise violating these Terms of Service. You acknowledge that the forfeiture and/or return of any prize shall in no way prevent DN from informing the relevant authorities, and/or pursuing criminal or civil proceedings in connection with such conduct.
We reserve the right, in our sole discretion, to cancel or suspend any Contest (or any portion thereof) for any reason whatsoever, including but not limited to, the safeguarding of the administration, security, fairness, integrity or proper operation of the Contest (or any portion thereof). This section specifically includes when a Contest Prize Table has been tampered with. We may provide you with notification of such cancellations or suspensions, but will not be obliged to do so. In the event that a Contest is cancelled altogether, no Contest entry fee will be payable by you and any amounts that were to be used for the purpose of entering the Contest will once again be made available to you via your account.
Creating a DN account is free. However, there are associated fees for certain Contests and Account types. When you use a service that has a fee you will have an opportunity to review and accept the fees that you will be charged.
To pay for such services, you must provide DN with the information necessary to process such order including, but not limited to, your billing address and payment method. DN may also request your Social Security Number and a copy of your driver's license. You agree to pay DN the charges incurred in accordance with these Terms and applicable pay services. If you dispute any charges, you must inform DN in writing within thirty (30) of being billed by DN. If our fees ever change, the changes to fees are effective after we provide you with notice by posting the changes on the Services or by email.
To participate in Paid Entry Contests, you will be required to deposit funds into your Account by any of the methods permitted on the Site. Such funds will be deposited into your Account upon actual receipt of the funds by DN. Minimum and maximum limits may be applied to deposits into your Account, depending upon your history with the Site, the method of deposit, state-imposed deposit limits, and other factors as determined solely by DN. 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 account holder. It shall be a violation of these Terms for you to submit payment using any payment method that you are not the named account holder. In addition, to be eligible to deposit money into your Account and play in Contests that award prizes, you must not be subject to backup withholding tax from the IRS.
If any deposit is charged back any winnings generated from DN Contests shall be invalidated, forfeited and deducted from your Account balance. In addition, the amount of the initial deposit will be invalidated, forfeited and deducted from the Account balance. DN reserves the right to close your account - without notice - should a deposit be charged back.
By depositing funds or entering paid Contests, you agree to provide us with a valid mailing address, date of birth and social security number and any other information we may require in order 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 funds into your account 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.
We also may conduct checks for Terms compliance, including anti-fraud checks on playing patterns and deposits prior to processing a withdrawal, and we may request additional information before permitting a withdrawal. If DN requests that an entrant completes and executes such an affidavit and the entrant fails to do so within ten (10) days, or DN otherwise determines that the entrant does not meet the eligibility requirements or is not in compliance with these Terms, DN 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, DN 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.
Account for Deposited Funds
When you make a deposit, or earn winnings, your deposits and winnings after Contests are completed are held in a separate, segregated bank account (the "Segregated Account") held by Daily Number LTD, a legally separate and independent subsidiary of Daily Number, Inc. Withdrawals which will be made from this Segregated Account, and checks issued from the Segregated Account, may bear the names of Daily Number LTD. Vendors, players, and creditors shall be aware that the funds in the Segregated Account are the property of Daily Number LTD and do not belong to Daily Number, Inc., and are not available to creditors of Daily Number, Inc., except for players whose funds are held in such account. Daily Number, Inc. and Daily Number LTD are prohibited from comingling funds held by Daily Number, Inc. and funds belonging to Daily Number LTD held in the Segregated Account. These funds belong to you, subject to review for evidence of fraud, verification or other prohibited conduct as described above, and DN may not use them to cover its operating expenses or for other purposes.
Players who believe that funds held by or their accounts with Daily Number, Inc. have been misallocated, compromised or otherwise mishandled, may register a complaint with Daily Number, Inc. online by e-mailing [email protected] or in writing to 421 W 3rd Street, Unit 513, Austin, Texas 78701. Daily Number, Inc. shall use its best efforts to respond to such complaints within ten (10) days. If Daily Number, Inc. 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 Daily Number, Inc. to process the complaint, the response will note the form and nature of the necessary additional information needed.
Bonuses and Promotions
From time to time, DN may provide you with promotional discounts or bonuses - for example, as an incentive to use DN Services, to establish a DN account or to refer others to sign up with DN. Such promotional programs will 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.
You may request a withdrawal of funds from your available cash balance in your Account at any time. The minimum withdrawal is $5.00 U.S. dollars. Account holders with pending deposits must wait until those funds clear before requesting a withdrawal. Withdrawals shall only be provided first via refund of the deposit amount to the original form of payment and the balance thereafter via a check payable to you or an ACH bank transfer to your account. Outside of refunding the original deposit amount to the original form of payment, DN does not permit withdrawals to a bank card or credit card.
Entrants may withdraw their cash prize awards as well as cash deposits by using the "Withdrawal" option on the Site or App. Entrants may be requested to complete an affidavit of eligibility and a liability/publicity release (unless prohibited by law) and/or appropriate tax forms and forms of identification as reasonably requested by DN in order to complete the withdrawal of prizes. We also may conduct checks for Terms compliance, including anti-fraud checks on playing patterns and deposits prior to processing a withdrawal, and we may request additional information before permitting a withdrawal. Failure to comply with this requirement may result in disqualification and forfeiture of any prizes. Disqualification or forfeiture of any prizes may also occur if it is determined any such entrant did not comply with these Terms of Service in any manner.
Once per month, Daily Number, Inc. shall reconcile all liabilities owed to users and the sum of funds or credits in the Segregated Account and credits due to Daily Number, Inc. from credit card processors as of the end date of the immediately preceding month.
Processing of requested funds back may take up to five (5) business days; provided, however, DN reserves the right to freeze your Account and/or delay a request for withdrawal of funds pending completion of any investigation of reported or suspected abuse by a user requesting withdrawal of funds. If you do not receive your withdrawal within five (5) business days, please contact customer support at [email protected]. Checks for withdrawal requests are processed within 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 whether to declare as void any transaction placed by you. If a prize has been awarded on a closed account due to fraud DN may withhold the prize. In such an event, we use your Account funds to defray the costs of administration and enforcement of the Terms.
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 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 any prizes to winners of Contests is challenged by any legal authority, DN 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 over the previous year must provide updated address and social security details to DN. These details will be used to allow DN to comply with tax regulations and may be shared with appropriate tax authorities. It is the policy of the Site, and in compliance with United States Internal Revenue Service regulations, DN 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 in excess of $600 (USD) on the Site (winnings less entry fees) in any given year. Depending on the jurisdiction in which you reside, DN 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. DN 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 and other taxes in accordance with the laws that apply in your local, state, province, and/or country of residence. DN does not provide tax advice, nor should any statements in this agreement or on the Service be construed as tax advice.
Third-Party Payment Processor
By entering a Contest, you consent to DN's and its service providers' and business partners' use of your name, voice, likeness, location and photograph in connection with the development, production, distribution and/or exploitation (including marketing and promotion) of the selected Contest and/or other DN Contests and DN generally, unless otherwise prohibited by law. Daily Number, Inc. and its 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 DN 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 DN or other Contests or games operated by DN. You agree that participation in and (where applicable) the winning of a prize 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. The rules specific to certain Contests may contain additional publicity obligations or may require a written signature on a separate publicity waiver.
YOU FURTHER ACKNOWLEDGE THAT IF YOU ARE A WINNER IN A PUBLIC CONTEST, YOUR IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, HAVING YOUR NAME OR USERNAME PLACED A WINNERS' LIST.
As a condition of use, you promise not to use the Services for any purpose that is prohibited by the Terms or law. The Services are provided only for your own personal, non-commercial use. You are responsible for all of your activity in connection with the Services.
You understand and agree that you will not use the Services to engage in the prohibited conduct below:
If for any reason, DN determines that you have failed to follow these rules, we reserve the right to prohibit any and all current or future use of the Services (or any portion thereof) by you. If we have reason to suspect, or learn that anyone is violating these Terms, we may investigate and/or take legal action as necessary including bringing a lawsuit for damages caused by the violation. We reserve the right to investigate and take appropriate legal action, including without limitation, cooperating with and assisting law enforcement or government agencies in any resulting investigations of illegal conduct.
ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE SITE OR APP OR UNDERMINE THE LEGITIMATE OPERATION OF ANY CONTEST IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, DN RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
You may cancel your account at any time through your account settings or by sending us an email at [email protected]. Unless DN is in breach of this Agreement and does not cure said breach within thirty (30) days of receiving written notice from you of an actual breach, identifying specifically the nature of the breach, you are not entitled to any refunds. We may suspend or cancel your account without notice or refund to you if you violate this Agreement. If your account is cancelled, DN reserves the right to remove your account information along with any account settings from our servers with NO liability or notice to you. Once your account information and account settings are removed, you will not be able to recover this data and you will lose access to all of your content (except that content stored/published to third-party websites, that data will remain on said third-party websites pursuant to those website's terms and conditions).
Following termination of your account, however, your license to use DN's Content automatically terminates, and DN has no obligation to provide you with use of the Services. All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. You acknowledge and understand that our rights regarding any content you submitted to the website before your account was terminated shall survive termination.
The Services may contain third-party advertisements and/or sponsorships. The advertisers and sponsors that provide these advertisements or sponsorships are solely responsible for insuring that the materials submitted for inclusion on the Services are accurate and that they comply with all applicable laws. We are not responsible for the acts or omissions of any sponsor or advertiser.
Additionally, the Services may permit you to link to other websites or resources on the internet. Links on the Services to third party websites, if any, are provided only as a convenience to you. If you use these links, you will leave the Services. The inclusion or integration of third-party services or links does not imply control of, endorsement by, or affiliation with DN. Your dealings with third parties are solely between you and such third parties. You agree that DN will not be responsible or liable for any content, goods or services provided on or through these outside websites or for your use or inability to use such websites. You will use these links at your own risk.
Without limiting the foregoing, your correspondence or business dealings with, participation in promotions of or purchases from, third parties found on or through the use of the Services, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that DN shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.
If you are accessing or using the Services through a device manufactured and/or sold by Apple, Inc. ("Apple", with such device herein referenced as an "Apple Device"):
Apple Inc. is not a sponsor of, or involved in any way with Daily Number contests.
Through the Site, email, and other media, the Services make accessible various content, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, campaigns, other material and information, and associated trademarks and copyrightable works (collectively, "Content"). Users of the Services may have the ability to contribute, add, create, submit, distribute, facilitate the distribution of, collect, post, or otherwise make accessible Content.
DN owns or in the process of registering trademarks for its many goods and services, including the DN name and the associated graphics, logos and service marks and may not be used without prior written consent of DN. All other trademarks, product names, and company names and logos appearing within the Site or App are the property of their respective owners.
Our content is protected in many ways, including copyrights, trademarks, service marks, and other rights and laws. You agree to respect all legal notices, information, and restrictions contained in any content accessed through the Services. You also agree not to change, translate, or otherwise create derivative works based off our content.
You have a limited, revocable, non-exclusive, non-transferrable license to use the Services and our content solely for legally permitted activities related to our Services as outlined in these Terms.
We, including third party partners and our affiliates, may ask you for Feedback (as further defined below) on your experience with the Services. DN shall become the owner of any reviews, comments, suggestions or other feedback regarding the Services posted to the Services or on DN's social media pages (collectively, "Feedback") and it may share with any of its affiliates. DN will not be required to treat any Feedback as confidential and will not be liable for any Feedback posted on the Services or elsewhere. Without limitation, DN will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere and will be entitled to use the Feedback for any commercial or other purpose whatsoever, including to advertise and promote DN, without compensation to you or any other person sending the Feedback. You specifically waive any "moral rights" in and to the User Content.
To the extent that you decide to post any content ("User Content"), including your profile information, photos, or Feedback, on the Services or on DN's social media pages, you agree that your User Content will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant DN all of the license rights granted herein. You acknowledge that you are responsible for whatever material you submit, and you, not DN, have full responsibility for the Feedback, including its legality, reliability, appropriateness, originality, and copyright. DN may refuse to accept or transmit User Content. Additionally, DN shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your User Content.
DN complies with the Digital Millennium Copyright Act ("DMCA"). DN will remove infringing materials in accordance with the DMCA if properly notified that Content infringes copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify DN's Copyright Agent by email at [email protected] or by mail to the address in the Contact section. Please do not send notices or inquiries about anything other than alleged copyright infringement or other intellectual property claims to our Agent for Notice. Your email must contain the following information (please confirm these requirements with your legal counsel, or see the U.S. Copyright Act, 17 U.S.C. Â§512(c)(3), for more information):
If you fail to comply with these notice requirements, your notification may not be valid. Under the Copyright Act, any person who knowingly materially misrepresents that material is infringing or was removed or disabled by mistake or misidentification may be subject to liability.
In accordance with the Digital Millennium Copyright Act, DN has adopted a policy of, in appropriate circumstances, terminating User accounts that are repeat infringers of the intellectual property rights of others. DN also may terminate User accounts even based on a single infringement.
If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a written counter-notice containing the following information to the Copyright Agent: (1) Your physical or electronic signature; (2) Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled; (3) A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and (4) Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Texas, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, DN may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at DN's sole discretion.
The trademarks, service marks, and logos (collectively, "Trademarks") used and displayed on the Services are registered and unregistered marks of DN and others. Nothing on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark. DN aggressively enforces its intellectual property rights to the fullest extent of the law. DN's Trademarks may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site or App, without our prior, written permission. To request permission to use the Trademarks or Content on the Services, or any other DN material, please contact us.
DN DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE SITE OR APP IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, DN SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE SITE OR APP, 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 APP OR THE CONTENT. FURTHER, DN AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, DAILY NUMBER, INC. AND ITS AFFILIATED COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES (COLLECTIVELY, "DN") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND PERTAINING TO THE SERVICES AND THE MATERIALS HEREIN, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, SECURITY, ACCURACY, AVAILABLITY, USE REASONABLE CARE AND SKILL, AND NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE. DN MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR FREE OF VIRUSES OR BUGS, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND (IV) ANY ERRORS IN OR ON THE SERVICES WILL BE CORRECTED. ANY MATERIAL, CONTENT, OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED AND/OR USED THROUGH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, CONTENT OR INFORMATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DN ON OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
Electronic Communications Privacy Act Notice (18 USC Â§2701-2711): DN MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SERVICES OR ANY WEBSITE LINKED TO THE SERVICES. DN will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on the DN equipment, transmitted over networks accessed by the Services, or otherwise connected with your use of the Services.
Limitation of Liability
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN NO EVENT SHALL DN, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE HUNDRED U.S. DOLLARS ($100.00). SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, DN'SLIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT
Initial Dispute Resolution
It is DN's goal that the Services meet your expectations and live up to our promises to you. However, there may be instances when you feel that DN has not fulfilled its obligations or you may have a different type of problem or dispute that needs special attention. In those instances, DN is committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your issue. Therefore, for any problem or dispute that you may have with DN, you acknowledge and agree that you will first give DN an opportunity to resolve your problem or dispute. In order to initiate this dispute resolution process, you must first send us a written description of your problem or dispute within thirty (30) days of the Services being performed by sending an email to [email protected] or mail to Daily Number, Inc., 421 W 3rd Street, Unit 513, Austin, Texas 78701.
You then agree to negotiate with DN in good faith about your problem or dispute for at least sixty (60) days after DN's receipt of your written description of it.
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 these Terms (including their formation, performance and breach), the parties' relationship with each other and/or your use of the Service shall be finally settled by binding arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the American Arbitration Association (the "AAA"), excluding any rules or procedures governing or permitting class actions.
The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
The Commercial Arbitration Rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at +1.800.778.7879. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, DN will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, DN will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim does not exceed $75,000. The arbitration rules also permit you to recover attorney's fees in certain cases. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
If you are a resident of the United States, arbitration will take place at any reasonable location within the United States convenient for you.
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 DN 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: Daily Number, Inc., 421 W 3rd Street, Unit 513, Austin, Texas 78701. The notice must be sent within 30 days of July 23, 2018 or your first use of the Service, whichever is later, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, DN also will not be bound by them.
Changes to this Section
DN 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 DN agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in Texas. 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 DN shall be governed by the laws of the State of Texas without regard to conflict of law provisions.
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 Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The Terms are personal to you, and are not assignable, transferable, or sublicensable by you except with DN's prior written consent. Any assignment in violation of this section shall be null and void. DN may assign, transfer, or delegate any of its rights and obligations hereunder without consent.
You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to the Terms.
Under these Terms you are contracting with Daily Number, Inc., a Delaware corporation. All notices should be addressed to Daily Number, Inc. at the address in the Contact section below.
For the avoidance of doubt, we are entering into this Agreement as principal and not as agent for any other DN company. Subject to any permitted assignment, the obligations owed by us under this Agreement shall be owed to you solely by us and the obligations owed by you under this Agreement shall be owed solely to us.
We may give you notice by means of a general notice on the Services, electronic mail to your email address in your account, text message, or by written communication sent by first class mail or pre-paid post to your address in your account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or text). You may give notice to us, with such notice deemed given when received by us, at any time by first class mail or pre-paid post to the address set forth above or at such other address as we may advise from time to time, pursuant to this provision.
DN make no representation that materials contained on the Services or products described or offered are appropriate or available for use in jurisdictions outside the United States, or that these Terms comply with the laws of any other country. Accessing the Service is prohibited from territories where the Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws. You agree that you will not access the Services from any territory where the contents are illegal, and that you, and not DN, are responsible for compliance with applicable local laws.
DN reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Services to any person, geographic area, or jurisdiction we so desire.
These Terms (and any further rules, policies, or guidelines incorporated by reference) shall be governed by and construed in accordance with the laws of the State of Texas and the United States, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods.
You agree that DN and its Services are deemed passive and that do not give rise to personal jurisdiction over DN or its parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders, either specific or general, in any jurisdiction other than the State of Texas. You agree that any action at law or in equity arising out of or relating to these Terms, or your use or non-use of the Services, shall be filed only in the state or federal courts located in Travis County in the State of Texas and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.
These Terms and other referenced material constitutes the entire agreement between you and DN with respect to the Services, and supersede all prior or contemporaneous agreements, representations, warranties, and understandings (whether oral, written or electronic) between you and DN with respect to the Services and govern the future relationship. If a court in any final, unappealable proceeding holds any provision of these Terms or its application to any person or circumstance invalid, illegal or unenforceable, the remainder of these Terms, shall not be affected, and shall be valid, legal and enforceable to the fullest extent permitted by law.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
If you have any questions regarding these Terms, please contact us at [email protected] or by mail at the appropriate address below:
Customer Support Requests:
Daily Number, Inc.
Attention: Daily Number Customer Service
421 W 3rd Street, Unit 513
Austin, Texas 78701
Copyright Notices, other Legal Notices:
Daily Number, Inc.
421 W 3rd Street, Unit 513
Austin, Texas 78701
July 25, 2018