THE NOT SO FUN "LEGAL STUFF"

 

Terms and Conditions

OVERVIEW – FAIR PLAY

Futures First Gaming (FFG) strives to provide a fair and equitable system for all our users. We endeavor to treat our clients as we would like to be treated and expect all our clients to treat each other with respect and honesty. If you attempt to cheat or break the rules, we will not only remove you from the system, but also ban you and prosecute to the full extent allowable at law, which may include civil actions & criminal charges.

IMPORTANT LEGAL NOTICE REGARDING TERMS OF USE OF FFG

IMPORTANT! PLEASE CAREFULLY READ THESE TERMS OF USE BEFORE PARTICIPATING IN AN FFG CONTEST, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.

USER AGREEMENT

Futures First Gaming owns and operates the Contests that links to these Terms of Use. We are pleased to offer you the ability to participate in our gaming contests of skill, other content, products, services, and promotions (collectively the “Services”) that we may provide, subject to these Terms of Use (the “Terms of Use”), our privacy policy (the “Privacy Policy”) and the Official Rules and Regulations for the applicable contests and promotions (the “Rules” or “Rules and Scoring,” and together with the Terms of Use and the Privacy Policy, the “Agreements”).

 

ELIGIBILITY

As a general rule, if you are 18 years or older, you may participate in all contests, or win prizes offered by FFG. If you are over 13 but under 18, you may participate with your legal guardian’s permission. 

 

CONTEST ENTRY

Users will be able to view the games available for entry (the “Contests”). Each multi-player tournament that is not free to enter has an entry fee listed in US dollars.

 

REFUND POLICY

All payments are final. No refunds will be issued particularly for any funds lost in skilled gaming contests or multi-player tournaments. FFG’s discretion is absolute.

 

CONDITIONS OF PARTICIPATION

By entering a Contest, entrants agree to be bound by these Rules and the decisions of FFG, which shall be final and binding in all respects. The Company, 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 the Company deems to be improper, unfair or otherwise adverse to the operation of the Contest or is in any way detrimental to other entrants. Improper conduct includes, but is not limited to:

  • Falsifying personal information required to enter a Contest or claim a prize;

  • Engaging in any type of financial fraud including unauthorized use of credit instruments to enter a Contest or claim a prize;

  • With the exception of team events, colluding with any other individual(s) or engaging in any type of syndicate play;

  • Any violation of Contest rules or the Terms of Use;

  • Using automated means (including but not limited to harvesting bots, robots, parser, spiders or screen scrapers) to obtain, collect or access any information on the website or of any User for any purpose.

  • Any type of bonus abuse, abuse of the refer-a-friend program, or abuse of any other offers or promotions;

  • Using so-called “Smurf” accounts (accounts that are operated in addition to the main account and whose rank is deliberately kept low to compete against weaker players online) on the platform. Which are either reported by other users or stand out for other reasons.

  • Attaching GameID’s to your contest entry account that are not owned by the FFG contest registrant.

  • Tampering with the administration of a Contest or trying to in any way tamper with the computer programs or any security measure associated with a Contest;

  • Obtaining other entrants’ information and spamming other entrants; or

  • Abusing the website in any way.

 

FFG reserves the right to close or suspend the Accounts of, and void all account balances and entries by any person where, in FFG’s reasonable opinion, the Account has not been operated with integrity, followed FFGs Conditions of Participation and/or the matches had not been played on a good faith basis. FFG can in its sole discretion, withhold any or all related funds in the Account pending the outcome of an investigation on that Account.

 

Users further acknowledge that the forfeiture and/or return of any prize shall in no way prevent FFG from pursuing criminal or civil proceedings in connection with such conduct.

 

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 FFG, its parents, subsidiaries, affiliates and agents, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities (collectively, the “Released Parties”), 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. FFG may, in its sole and absolute discretion, require an Authorized 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.

 

FFG is not responsible for: any incorrect, invalid or inaccurate entry information; human errors; postal delays/postage due mail; technical malfunctions; failures, including public utility or telephone outages; omissions, interruptions, 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 a Contest), including without limitation any injury or damage to any entrant’s or any other person’s computer or video equipment relating to or resulting from participation in a Contest; inability to access the website, or any web pages that are part of or related to the website; 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, postal issues, 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.

 

FFG is not responsible for incomplete, illegible, misdirected or stolen entries. If for any reason a Contest is not capable of running as originally planned, or if a Contest, computer application, or website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper entry to a Contest in accordance with the Terms of Use or applicable Contest rules, or if infection by a computer (or similar) virus, bug, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in the sole opinion of FFG corrupts or affects the administration, security, fairness, integrity, or proper conduct of a Contest, the Company reserves the right, at its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, extend, modify or suspend the Contest, and select the winner(s) from all eligible entries received. If such cancellation, termination, modification or suspension occurs, notification will be posted on the website.

ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE website OR UNDERMINE THE LEGITIMATE OPERATION OF ANY CONTEST IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, FFG RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

 

All entries become the property of FFG and will not be acknowledged or returned.

 

To be eligible to enter any contest or receive any prize, the Authorized Account Holder may be required to provide FFG with additional documentation and/or information to verify the identity of the Authorized 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 Authorized Account Holder, FFG will, in its sole and absolute discretion, utilize certain information collected by FFG to assist in verifying the identity and/or eligibility of such Authorized Account Holder.

 

Participation in each Contest must be made only as specified in the Terms of Use. Failure to comply with these Terms of Use will result in disqualification and, if applicable, prize forfeiture.

Where legal, both entrants and winners consent to the use of their name, voice, and likeness/photograph in and in connection with the development, production, distribution and/or exploitation of any Contest or the website. Winners agree that from the date of notification by FFG of their status as a potential winner and continuing until such time when FFG informs them that they no longer need to do so that they will make themselves available to FFG for publicity, advertising, and promotion activities.

 

FFG reserves the right to move entrants from the Contests they have entered to substantially similar Contests in certain situations determined by FFG in its sole discretion.

 

CONTEST PRIZES AND PROMOTIONS

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 Use.

 

Guaranteed prizes are offered in connection with some of the Contests offered by FFG. Each Contest or promotion is governed by its own set of official rules. We encourage you to read such Contest and Promotion Rules before participating.

 

OTHER LEGAL RESTRICTIONS

 

CONTEST OF SKILL

Contests offered by FFG are contests of skill. 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. The Contests and any associated websites may not be used for any form of illicit gambling.

 

CONTEST RESULTS

Contest results and prize calculations are based on the final statistics and scoring results at the completion of the last game of each individual Contest. Once Contest results are reviewed and graded, prizes are awarded. The scoring results of a Contest will not be changed regardless of any official statistics or scoring adjustments made at later times or dates, except in FFG’ sole discretion.

FFG reserves the right, in its sole and absolute discretion, to deny any contestant the ability to participate in head-to-head contests for any reason whatsoever. Further, FFG may, in its sole and absolute discretion, invalidate any head-to-head contest result for the purposes of preventing abusive and/or any unfair or potentially unlawful activity, or in the event that there is a risk of any such abusive, illegal, or unfair activity.

 

PRIZES

At the conclusion of each Contest, prizes will be immediately awarded except in circumstances where technical failure or other reasons prevent such timely payout. Prizes won are distributed as agreed upon by FFG and participants. In the event of a tie, prizes are divided evenly amongst the participants that have tied.

FFG reserves the right, in its sole discretion, to cancel or suspend the contests (or any portion thereof) should virus, bugs, unauthorized human intervention, or other causes corrupt administration, security, fairness, integrity or proper operation of the contest (or any portion thereof) warrant doing so. Notification of such changes may be provided by FFG to its customers but will not be required.

PAYMENT OF PRIZES

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 including but not limited to a Driver’s License, Proof of Residence, and/or any information relating to payment/deposit accounts as reasonably requested by FFG in order to complete the distribution of prizes.

For users who are under the age of 18 and created an account with their parent or legal guardian’s permission, your parent or legal guardian 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 including but not limited to a Driver’s License, Proof of Residence, and/or any information relating to payment/deposit accounts as reasonably requested by FFG in order to complete the acceptance of prizes.

 

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 Use in any manner.

 

Payment may be made by any of the following methods:

  • Direct Bank Transfers – Minimum amount: US $0. Countries available: US

  • Wire Transfers – Minimum amount: US $100. Countries available: All

 

Wire transfers to international accounts will be initiated in USD and at the spot rate offered by the banks at the time. FFG derives no benefit from currency exchanges and will not enter into any debate about various exchange rates offered.

  • Paypal – Minimum amount: US $5. Countries available: All

  • Check – Minimum amount: US $100. Countries available: All

 

Checks will be in USD and we do not charge any fees for issuing them. Although, we can’t be responsible for any charges made by banks or other financial institutions for banking or cashing checks. Before requesting a check, we suggest that you check with your bank or financial institution for any charges that you may incur when banking or cashing your check.

 

We highly recommend that you deposit your check at a reputable bank or financial institution and avoid using a check cashing store.

 

Checks within the US will be delivered by regular mail and are expected to arrive within 15 business days. International checks under $1,000 USD will be sent by regular mail and are expected to arrive within 15 business days. International checks over $1,000 USD will be delivered by courier and are expected to arrive within 7 business days. To be able to use our courier service we will need your contact phone number and your address must not be a PO Box or a rural route address.

 

Checks are sent to the full name and mailing address listed in your FFG account at the time you make your payout request. If your check is sent to an incorrect name or mailing address, you will incur a fee to place a stop-payment order on this check.

 

We conduct anti-fraud checks on wagering patterns and deposits of users prior to processing all withdrawals. We may request additional information before your withdrawal is approved. We reserve the right to refuse any withdrawal request that doesn’t meet the guidelines of our Terms of Use.

We may request that you provide your mailing address and SSN before the payment is processed. This will help us in the event that your annual net winnings exceed $600 and we are required to file a 1099-MISC tax form.

 

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, FFG reserves the right in its sole discretion to determine whether or not to award such prizes.  If Your total prizes from FFG in any given year reach $600, and Your participation occurred from within the U.S., FFG will request that You submit Your social security number, and such other information as FFG, in its sole discretion, may require in order to send You a Form 1099 in compliance with the U.S. federal income tax reporting requirements. Failure to provide Your social security number and other requested information at that time may result in termination of Your Account and Site privileges by FFG and FFG’s inability to credit Your Account, distribute the balance of Your Account to You, or distribute any winnings to You in excess of $600.

 

No substitution or transfer of prize is permitted, except that FFG reserves the right to substitute a prize of equal value or greater if the advertised prize is unavailable. All prizes are awarded “as is” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability for a particular purpose).

 

TERMINATION AND EFFECT OF TERMINATION

In addition to any other legal or equitable remedy, FFG may, without prior notice, immediately revoke any or all of your rights granted hereunder. In such event, you will immediately cease all access to and use of the FFG website. FFG may revoke any password(s) and/or account identification issued to you and deny you access to and use of the website. Any such action shall not affect any rights and obligations arising prior thereto. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

INTELLECTUAL PROPERTY RIGHTS

The content on the website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein (the “Intellectual Property”), are owned by or licensed to FFG, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. FFG reserves all rights not expressly granted in and to the website and the Intellectual Property. You agree to not engage in the use, copying, or distribution of any of the Intellectual Property other than expressly permitted herein. If you download or print a copy of the Intellectual Property for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the website or features that prevent or restrict use or copying of any Intellectual Property or enforce limitations on use of the website or the Intellectual Property therein.

Some of the Services may allow you to submit or transmit audio, video, text, or other materials (collectively, “User Submissions”) to or through the Services. When you provide User Submissions, you grant to FFG, its parents, subsidiaries, affiliates, and partners a non-exclusive, worldwide, royalty-free, fully sublicensable license to use, distribute, edit, display, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, translate, and create derivative works of those User Submissions, and your name, voice, likeness and other identifying information where part of a User Submission, in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products. You hereby waive any moral rights you may have in your User Submissions.

In addition, you agree that any User Submissions you submit shall not contain any material that is, in the sole and absolute discretion of FFG, inappropriate, obscene, vulgar, unlawful, or otherwise objectionable (hereinafter, “Prohibited Content”). Posting of any Prohibited Content, in addition to any and all other rights and remedies available to FFG, may result in account suspension or termination.

We respect your ownership of User Submissions. If you owned a User Submission before providing it to us, you will continue owning it after providing it to us, subject to any rights granted in the Terms of Use and any access granted to others. If you delete a User Submission from the Services, our general license to that User Submission will end after a reasonable period of time required for the deletion to take full effect. However, the User Submission may still exist in our backup copies, which are not publicly available. If your User Submission is shared with third parties, those third parties may have retained copies of your User Submissions. In addition, if we made use of your User Submission before you deleted it, we will continue to have the right to make, duplicate, redistribute, and sublicense those pre-existing uses, even after you delete the User Submission. Terminating your account on a Service will not automatically delete your User Submissions.

 

We may refuse or remove a User Submission without notice to you. However, we have no obligation to monitor User Submissions, and you agree that neither we nor our parents, subsidiaries, affiliates, employees, or agents will be liable for User Submissions or any loss or damage resulting from User Submissions.

 

Except as provided in the Privacy Policy, we do not guarantee that User Submissions will be private, even if the User Submission is in a password-protected area. Accordingly, you should not provide User Submissions that you want protected from others.

 

You represent and warrant that you have all rights necessary to grant to FFG the license above and that none of your User Submissions are defamatory, violate any rights of third parties (including intellectual property rights or rights of publicity or privacy), or violate applicable law.

ARBITRATION, CONSENT TO JURISDICTION IN DELAWARE, ATTORNEY’S FEES

Any and all disputes, claims or controversies arising out of or relating to this Agreement, the breach thereof, or any use of the website (including all commercial transactions conducted through the website) (“Claims”), except for claims filed in a small claims court that proceed on an individual (non-class, non-representative) basis, shall be settled by binding arbitration before a single arbitrator appointed by the American Arbitration Association (“AAA”) in accordance with its then governing rules and procedures, including the Supplementary Procedures for Consumer-Related Disputes, where applicable. In agreeing to arbitrate all Claims, you and FFG waive all rights to a trial by jury in any action or proceeding involving any Claim. The arbitration shall be held in Delaware, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. This arbitration undertaking is made pursuant to and in connection with a transaction involving interstate commerce, and shall be governed by and construed and interpreted in accordance with the Federal Arbitration Act at 9 U.S.C. Section 1, et seq. This arbitration provision shall survive termination of this Agreement. Subject to the limitations set forth below, the arbitrator shall have authority to award legal and equitable relief available in the courts of Delaware, provided that:

The arbitrator shall not have authority to award punitive damages; and

Any and all claims shall be arbitrated on an individual basis only and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party. You and FFG agree that the arbitrator shall have no authority to arbitrate any Claim as a class action or in any other form other than on an individual basis.

 

For any Claims that are not subject to arbitration: (a) the exclusive jurisdiction and venue for proceedings involving Claims shall be the courts of competent jurisdiction sitting within Delaware (the “Forum”), and the parties hereby waive any argument that any such court does not have personal jurisdiction or that the Forum is not appropriate or convenient; (b) you and FFG waive any and all rights to trial by jury with respect to any Claims.

 

In the event that either party initiates a proceeding involving any Claim other than an arbitration in accordance with this Section, or initiates a proceeding involving a Claim under this Section other than in the Forum, the other party shall recover all attorneys’ fees and expenses reasonably incurred in enforcing this Agreement to arbitrate and the Forum to which the parties have herein agreed.

 

MISCELLANEOUS

These Terms of Use shall be governed by the internal substantive laws of Delaware, without respect to its conflict of laws principles. Any claim or dispute between you and FFG that arises in whole or in part from the Terms of Use, the website or any Contest shall be decided exclusively by a court of competent jurisdiction located in Delaware.

Nothing in the Terms of Use shall create or confer any rights or other benefits in favor of any third parties except as specifically provided herein. By participating in any Contest from FFG, you agree to indemnify, protect, defend and hold harmless FFG, its parents, subsidiaries, affiliates and divisions, and their respective directors, officers, employees, agents and representatives (the “Repeat Entities”), from and against any and all third party claims, liabilities, losses, damages, injuries, demands, actions, causes of action, suits, proceedings, judgments and expenses, including reasonable attorneys’ fees, court costs and other legal expenses including, without limitation, those costs incurred at the trial and appellate levels and in any bankruptcy, reorganization, insolvency or other similar proceedings, and any other legal expenses (collectively, “Claims”) arising from or connected with your use of the website, any payment methods used, any funding of your account, and/or your participation in any Contest. The website may contain links to third party websites that are not owned or controlled by FFG. FFG has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, FFG will not and cannot censor or edit the content of any third-party site. By using the website, you expressly relieve FFG from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the website and to read the terms and conditions and privacy policy of each other website that you visit.

 

Nothing in the Terms of Use shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between you and FFG.

 

Third-party online publishers that refer users to the FFG website shall not be responsible or liable for the FFG website or any of the content, software, or functions made available on, or accessed through, or sent from, the FFG website.

 

If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.

 

No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and FFG’ failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

 

FFG reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. If you continue to use the Services after we change the Terms of Use, you accept all changes. The failure of FFG to comply with any provision of these Terms of Use 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 the Company (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Terms of Use.

 

FFG AND OTHER TRADEMARKS CONTAINED ON THE WEBSITE ARE TRADEMARKS OR REGISTERED TRADEMARKS OF FFG IN THE UNITED STATES AND/OR OTHER COUNTRIES. THIRD PARTY TRADEMARKS, TRADE NAMES, PRODUCT NAMES AND LOGOS MAY BE THE TRADEMARKS OR REGISTERED TRADEMARKS OF THEIR RESPECTIVE OWNERS. YOU MAY NOT REMOVE OR ALTER ANY TRADEMARK, TRADE NAMES, PRODUCT NAMES, LOGO, COPYRIGHT OR OTHER PROPRIETARY NOTICES, LEGENDS, SYMBOLS OR LABELS ON THE WEBSITE.

 

PROHIBITED USES OF SERVICES

  • Collusion

Collusion occurs when two or more Users attempt to gain an unfair advantage by sharing knowledge or other information to other Users’ disadvantage. Any User who attempts to collude or colludes with any other User while using the Service may be permanently banned from using the Service and their Account may be terminated immediately. The Company will use commercially reasonable efforts to investigate complaints registered against Users suspected of collusion. If the Company is informed during play about suspected collusive behavior, it may, in its sole discretion, terminate suspected Users’ access to the Service and/or block their Accounts. However, under no circumstances shall the Company be liable for any loss, whatsoever, sustained by You as a result of the collusive, or otherwise unlawful activity of any person using the Service and no User shall have the right to require the Company to take any other steps against Users suspected of collusion, cheating or any other form of fraud. 

  • Abuse

By entering into this Agreement, You agree that You will not use any technique other than pure skill. Such techniques may include, but are not limited to, establishing multiple Accounts, the use of program codes or commands or any adapted hardware or software to assist play, the impersonation of another User or Account, or deliberately losing games for the purpose of getting a competitive advantage.

©2020 by Futures First Gaming. Proudly created with Wix.com