1. Acceptance of Terms of Service.

D. User Account Funds, Withdrawals & Refunds

1. Acceptance of Terms of Service.

By accessing and using the Services, You agree that You have read, understand and agree to be legally bound by these Terms. Subject to Section 19 below, these Terms may be amended by us in our sole discretion at any time with or without prior notice. If we materially change the Terms, we may notify You through a notice, updated Terms, postings on the Platform or by email (sent to the email address specified in Your Account, if any), prior to or upon the change becoming effective. Accordingly, when You access or use the Services, You should check the date of the Terms and be aware of any changes since the last version. The most current version of these Terms will be posted on the Platform. Your continued use of the Services following the posting of any changes to these Terms means that You accept such changes. Your access to and use of the Services will be governed by the Terms in effect at the time of such access or use.

2. Sports Wagers.

PointsBet Kansas LLC, under an agreement with Kansas Crossing Casino, L.C. d/b/a Kansas Crossing Casino, is licensed and regulated by the Kansas Racing and Gaming Commission (“Commission”) and the Kansas State Lottery (“Lottery”). The Platform is offered in Kansas under the license held by PointsBet Kansas LLC, pursuant to the oversight, regulatory requirements, and licensing of the Commission and the Lottery. The use of the Platform and Services are subject to all applicable Kansas State and United States federal laws and regulations.

Eligibility for Sports Wagering

Fanatics Sportsbook’s Services that offer the ability to participate in sports wagering, are open only to eligible users. You must be at least twenty-one (21) years of age to open an Account with Fanatics Sportsbook.

When You use the Platform to engage in sports wagering, You are further representing and warranting that all of the following are true:

You are 21 years of age or older;
You are a citizen or legal resident of the United States of America (“U.S.”) and You have an address in the U.S.;
At the time of placing a sports wager, You are physically located in Kansas (or, in the event of Your use of a Fanatics Sportsbook licensed to operate in another state, that You are physically located in that state);
You are not placing a wager, logging into an Account, or depositing or withdrawing funds as an agent or proxy;
You are not listed on any U.S. Government list of prohibited or restricted parties;
You are not subject to backup withholding tax because: (a) You are exempt from backup withholding, or (b) You have not been notified by the Internal Revenue Service (IRS) that You are subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified You that You are no longer subject to backup withholding;
You do not, by virtue of affiliation with another sports wagering site or otherwise, have access to pre-release non-public confidential data about sports wagering-related information; AND
You are not restricted from placing a wager pursuant to Kansas law or regulation. In Kansas, all of the following persons are prohibited from engaging in sports wagering:
Any involuntarily-excluded or voluntarily-excluded persons;
Any person who is under the age of twenty-one (21);
Any person placing wagers while not within the State of Kansas;
A lottery gaming facility manager, and any director, officer, owner and employee of such manager, and any relative living in the same household as such persons, placing wagers with the manager at the manager’s location or through the manager’s interactive sports wagering platform;
An interactive sports wagering platform, any director, officer, owner and employee of such platform, and any relative living in the same household as such persons, placing wagers through such platform or at the manager’s location;
Any director, officer, owner and employee of the interactive sports wagering platform, and any relative living in the same household as such persons, placing wagers with the manager;
Athletes, coaches, referees, team owners, employees of a sports governing body or its member teams, and player and referee union personnel placing wagers on any sporting event overseen by such sports governing body;
Any person with access to nonpublic confidential information held by the lottery gaming facility manager from placing wagers with such manager;
Any person placing wagers as agents or proxies for other person; and
Any person placing wagers who has been convicted of any felony or misdemeanor offense involving sports wagering, including, but not limited to, the use of funds derived from illegal activity to make wagers, placing wagers to conceal money derived from illegal activity, the use of other individuals to place wagers as part of any wagering scheme to circumvent any provision of federal or state law and the use of false identification to facilitate the placement of any wager or the collection of any prize in violation of federal or state law, from placing wagers.

If Fanatics Sportsbook determines that You do not meet the eligibility requirements of these Terms, then You are not authorized to access or participate in sports wagering with Fanatics Sportsbook. Fanatics Sportsbook may require You to provide proof that You are eligible to use the Services according to this Section prior to receiving winnings from sports wagers. This includes requesting that You fill out an affidavit of eligibility or other verification information.

If Fanatics Sportsbook otherwise determines that You do not meet the eligibility requirements of this Section, in addition to any rights that Fanatics Sportsbook may have, Fanatics Sportsbook reserves the right to terminate Your Account, restrict Your Account from accessing or participating in sports wagering, withhold or revoke the awarding of any winnings associated with Your Account, limit Your ability to withdraw, or take any other action that Fanatics Sportsbook deems appropriate.

B. Registration

You must register for an account to use the Services and otherwise participate in sports wagering (an “Account”). The first step in the Account registration process is to create and/or enter Your Fanatics ID by providing Your email and selecting or entering a password. The second step after You create or enter Your Fanatics ID is You will be prompted to further verify your identity and create an Account to place bets. You agree to provide true, accurate, current and complete information (“Verification Data”) about Yourself as prompted and to maintain and promptly update the Verification Data to keep it accurate, current and complete. Verification Data may include a valid mailing address, date of birth, and Social Security number, as well as any other information Fanatics Sportsbook may require to run appropriate identity checks and comply with applicable rules and regulations. If necessary, You may be required to provide appropriate documentation that allows us to verify information about You at any time, including after your Account has been registered. You consent to have FBG confirm Your age and identity. If You provide any information that is inaccurate, not current or incomplete, or Fanatics Sportsbook has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, Fanatics Sportsbook may deny You access to Services, or terminate Your Account, in its sole discretion.

You may only establish, maintain, use and control one (1) Account with Fanatics Sportsbook. An Account can only be owned, maintained, used and controlled by one individual. Users may not “co-own” Accounts on the Services. Accounts are non-transferable and are solely for personal use. You are prohibited from allowing any other person to access or use Your Account. If Fanatics Sportsbook believes You have opened, maintained, used or controlled more than one Account or are making illegal or improper use of such Account, in addition to any other rights that Fanatics Sportsbook may have, Fanatics Sportsbook reserves the right, in its sole discretion, to suspend, limit, or terminate any or all of Your Accounts and terminate, withhold or revoke the awarding of any winnings or prizes. In such circumstances, Fanatics Sportsbook may also report such activity to relevant authorities.

C. Account Password and Security

At the time of registration for an online Account, You must provide a valid email address and password to be used with Your Account. If we enable features that allow You to create a username, You may not use an email address or username that promotes a commercial venture or which Fanatics Sportsbook in its sole discretion deems offensive or otherwise inappropriate. You are responsible for maintaining the confidentiality of Your password, and are fully responsible for all uses of Your Account, including Your Fanatics ID, username (if any) and password, whether by You or others. You agree to (a) keep Your Account, including Your Fanatics ID, username and password confidential and not to share them with anyone else; (b) immediately notify Fanatics Sportsbook of any unauthorized use of Your Account, including Your Fanatics ID, username and password or Account or any other breach of security; and (c) use only Your own Account, including Your Fanatics ID, username and password to access the areas of the Services that require same. Fanatics Sportsbook is not liable for any loss or damage arising from Your failure to comply with this Section.

You acknowledge and agree that Fanatics Sportsbook is authorized to act on instructions received through the use of Your Account, including Your Fanatics ID, username (if any) and password, and that Fanatics Sportsbook may, but is not obligated to, deny access or block any transaction made through use of Your Account without prior notice if it believes that Your Account is being used by someone other than You, or for any other reason. Fanatics Sportsbook may require You to change Your Fanatics ID, username (if any), password, or may unilaterally change the same. Fanatics Sportsbook recommends that You consider the security of the passwords, refrain from using the same passwords used to access other sites, change passwords on a frequent basis and use multi-factor authentication.

In the event you lose or wish to change your authentication credentials, specifically your Fanatics ID and password, you can use the self-service “Password Reset” option that is available on the login screen or contact our customer support at support@betfanatics.com.

D. User Account Funds, Withdrawals & Refunds

You must have a positive balance in Your Account to place a bet. You will not be able to place any wagers in an amount greater than the total balance in Your Account. We do not permit Your Account to have a negative Account balance. We reserve the right to limit the amount You can deposit into Your Account for any reason, or to otherwise limit the amount You can bet. You agree to abide by those limits.

You may use any method available and accepted by the Platform to deposit money into Your Account which, depending on the state of operation, may include and may not be limited to banks, credit cards, third party electronic payment processors and financial institutions (“Third Party Providers”). Please remember that Third Party Providers, including financial institutions, may charge fees for such deposits. You represent and warrant that: (a) You are the legal owner of any money You deposit into or request a withdrawal or refund from Your Account and that such money is not connected and did not originate from any illegal activity or source; (b) all payments to Your Account are authorized and You will not try to reverse a payment or take an action that would cause such payment to be reversed in an effort to avoid any legitimate liability; and (c) You understand and agree that all transactions may be checked for any suspicious activity, including money laundering and that such activity may be reported by us to the appropriate authorities.

By initiating a deposit into or a withdrawal or refund from Your Account, You authorize FBG to instruct Third Party Providers (such as Your bank or card issuer) to handle deposits, withdrawals and refunds from Your Account and agree that FBG may provide such Third Party Providers Your personal information as needed to complete the transaction.

You agree that we are not legally responsible for any acts or omissions of any Third Party Providers in processing Your deposit, withdrawal or refund and You further agree to be obligated by the terms and conditions of use of each applicable Third Party Provider. If there is a disagreement between these Terms and the terms and conditions of any Third Party Provider, these Terms prevail. FBG is not responsible for any fees charged to You by Third Party Providers related to Your deposits, withdrawals or refunds.

If You use the Services for sports wagering, all winnings You obtain will be added to Your Account balance, and such funds will be held in a separate, segregated bank account. The funds in Your Account are held on your behalf and may be used by you to make wagers on the Platform or to satisfy any payment obligations you may incur as a result of your activities on the Platform. You will not earn interest on the funds held in your Account. Your withdrawals of winnings will be made from this segregated bank account. These funds belong to You, subject to any anti-fraud checks, or other reviews of prohibited conduct as described herein. Subject to such checks, You may close Your Account, withdraw the winnings, or receive a refund of unplayed deposits from Your Account at any time and for any reason. Fanatics Sportsbook may not use Your winnings or deposits to cover its operating expenses or for other purposes. Your withdrawals will be made from this segregated bank account.

To protect your funds, FBG implements a number of security checks before any request for a withdrawal of winnings or refund of unplayed deposits is processed. FBG reserves the right to withhold any withdrawal or refund until these checks have been completed. There may be some delays if a withdrawal or refund is requested outside of business hours. We generally expect withdrawals or refunds to be processed within twenty-four (24) hours, however they may take up to five (5) working days.

You have the right to review all your gaming activity under “Transaction History,” which details a user's deposit, withdrawal, refund, betting activity, and Responsible Gambling limits for the past twenty-four (24) months.

E. Dormant Accounts

A “Dormant Account” means a sports wagering Account that has had no login for a period of three (3) years. Fanatics Sportsbook will provide notice to a patron prior to closing a Dormant Account. The notice will provide options for the patron to reactivate the Account prior to closure. Funds of patrons that remain in a Dormant Account will be presumed abandoned. Abandoned funds will be reported and delivered as required by applicable law and regulation.

All bonuses and winnings earned from wagering with Bonuses (as defined below) will be forfeited from any Account to which a deposit has not been made within 60 days of establishing such Account.

F. Responsible Player Behavior & Self-Exclusion

Fanatics Sportsbook offers tools to encourage responsible player behavior. Our Platform offers a number of self-imposed gaming limitations, including:

A cool-off period;
Daily, weekly, or monthly deposit limits;
Daily, weekly, or monthly wagering limits;
Daily time limits; and
Self-exclusion program.

You may set such limitations Yourself directly in Fanatics Sportsbook. Fanatics Sportsbook may also limit, suspend or close Your Account for matters related to responsible gaming when detected by Fanatics Sportsbook or presented to Fanatics Sportsbook though a Customer Support contact or other user contact.

G. Disqualification and Cancellation

Fanatics Sportsbook reserves the right to cancel or void any bets, in its sole discretion and in accordance with applicable law. If You have placed a wager on a sporting event and Fanatics Sportsbook cancels the wager for reasons other than Your violation of these Terms, engagement in prohibited activities, or any other activity Fanatics Sportsbook reasonably believes is suspicious, Fanatics Sportsbook will credit Your sports wagering Account balance for the amount of the initial wager. In addition, while Fanatics Sportsbook will take reasonable measures to guarantee the accuracy of the wagering information offered on its Platform or bets placed using its Services, Fanatics Sportsbook reserves the right to cancel and void any bets if, in its sole discretion, there is an obvious error with the bet as set forth in the House Rules or any of the Agreements.

Fanatics Sportsbook may disqualify You from a bet, withhold access to all sports wagering, withhold access to any or all Services, refuse to award winnings, require the return of any winnings, or suspend, limit, or terminate Your Account if You engage in conduct Fanatics Sportsbook deems, in its sole discretion, to be improper, unfair, fraudulent or otherwise adverse to the operation of the Services or in any way detrimental to other users. Improper conduct includes, but is not limited to:

Falsifying personal or payment information;
Colluding with any other individual(s) or engaging in any type of syndicate play;
Violating eligible payment method terms;
Using an Account to participate in a game or event on behalf of multiple users or otherwise collaborating with others to participate in a game or event;
Tampering with the administration of the Services or trying to in any way tamper with the computer programs associated with the Services;
Using IP proxying or other methods to disguise Your location or the place of Your residence to circumvent geographical restrictions on sports wagering participation;
Obtaining other users’ information and/or spamming other users;
Abuse of any offers, promotions, or Bonuses;
Abuse of the Services in any way;
Cheating and geolocation tampering; or
Otherwise violating these Terms or any of the other Agreements.

You acknowledge that the forfeiture and/or return of any winnings shall in no way prevent Fanatics Sportsbook from informing the relevant authorities, and/or pursuing criminal or civil proceedings in connection with such conduct.

Fanatics Sportsbook reserves the right to recover bad debts using any method lawfully available including, but not limited to, (i) debiting the amount owed by You from Your Account; and (ii) instructing third party collections agencies to collect the debt.

If, for any reason, sports wagers are not able to be placed as originally planned (e.g., if the Platform becomes corrupted or does not allow the proper usage and processing of wagers in accordance with the House Rules), Fanatics Sportsbook reserves the right, in its sole discretion, to disqualify any individual implicated in or relating to the cause and/or to cancel, terminate, extend, modify or suspend the bets. If such cancellation, termination, modification or suspension occurs, notification may be posted on the Platform, otherwise through the Services, via email or by such other means as we may reasonably elect to use.

H. Publicity License and Release

Subject to applicable law and our Privacy Policy, by placing a sports wager, You grant license and consent to the use of Your name, voice, likeness, image, city/state, photograph or video by Fanatics Sportsbook, its service providers, and its business partners in connection with the development, production, distribution and/or exploitation (including marketing and promotion) of the Services, including any components thereof, and/or Fanatics Sportsbook generally, unless otherwise prohibited by law. Fanatics Sportsbook, its service providers, and its business partners reserve the right to make public statements about any Fanatics Sportsbook sports wagering participants and winner(s), in any media channels, including but not limited to the Platform, Internet/social media, and TV whether existing herenow or hereafter invented, at any time in connection with the sports wagering event in which participants engaged. You agree You are not entitled to any fee and will not impose other conditions on the fulfillment of these obligations, and expressly release and waive any claims related to Fanatics Sportsbook’s use of the license granted in this Section.

I. Placing Bets

It is Your responsibility to fully understand the terms of the bet You are placing. When You place a bet, You agree that You shall be subject to the House Rules in effect at the time. It is Your responsibility to read and acquaint Yourself with our House Rules. Please note that the House Rules govern the terms of any bet, and Fanatics Sportsbook Customer Service representatives may not alter the terms of any bet presented through the Platform.

When placing a bet, You are responsible for ensuring that all of the details of the bet are correct. Once a bet has been placed, You cannot cancel the bet.

You fully accept and agree that if there is a discrepancy between the results displayed in Your Account and those displayed in Fanatics Sportsbook’s servers, the results displayed on Fanatics Sportsbook’s server shall govern. You understand and agree that Fanatics Sportsbook’s records will be the final authority in determining such matters.

We are not responsible for technical, hardware, network connections, or incomplete or delayed computer transmissions, regardless of cause.

Game misuse voids all wagers. Any game, system or Platform malfunction voids all wagers. In the event of any end-user or human or Platform, or third-party service provider system or communication error, failure, malfunction, bug, damage, or virus relating to account settlement, settlement of wagers, or other elements of the service by FBG or applicable third-party vendors, or resulting in the loss of data or winnings or bonuses or anything similar, the company shall in no way be liable to You. The Company shall void all games in question and payments (whenever such human, end-user, system or communication error, failure, malfunction, bug, damage, or virus is discovered) in relation thereto, and may take any other corrective actions necessary to rectify such errors.

J. Bonuses and Promotions

You may be awarded bet credits or similar promotions (collectively, “Bonuses”) which You can use for gaming using Fanatics Sportsbook’s Services, or on other platforms, as we may permit. Bonuses cannot be withdrawn from Your Account. Only the winnings attributed to Bonuses can be withdrawn, as per applicable wagering requirements.

Fanatics Sportsbook reserves the right to remove Bonuses and refund the remaining balance should You breach the rules and/or the terms and conditions of the specific promotion. It is Your responsibility to read and understand the terms of any Bonuses which will be made available whenever a bonus offer is made to You. Awards of FanCash shall not be considered Bonuses for purposes of this Section.

Nothing in this Section shall prohibit or limit Fanatics Sportsbook’s ability to reverse and/or reclaim any Bonuses issued or awarded to You based upon failures, errors, manipulations, or fraudulent or dishonest activities.

K. Game Statistics and Live Scoring

To the extent that Fanatics Sportsbook offers “live” statistics during gameplay, all “live” statistics and other information provided through the Platform are unofficial. Live sports statistics are offered for informational and/or entertainment purposes only and are not used to determine the results of a sporting event or contest or the results of any wager. Neither Fanatics Sportsbook nor its third party service providers warrant or make any representations of any kind with respect to the game statistics and live scoring information provided through the Services. Fanatics Sportsbook 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 Platform and shall not be responsible or liable for any error or omissions in that information.

L. Game Results & Winnings

Wager results and winnings are based on the final statistics and scoring results at the completion of the sporting event or other contest (or relevant portion thereof). Once game results are reviewed and graded, winnings or other prizes will be awarded. The scoring results of a wager will not be changed regardless of any official statistics or scoring adjustments made by the leagues at later times or dates, except in Fanatics Sportsbook’s sole and absolute discretion.

Subject to Fanatics Sportsbook verifying Your compliance with the Terms and any other conditions of participation, at the conclusion of each wager (e.g., when all relevant events have concluded), Fanatics Sportsbook shall use commercially reasonable efforts to award the winnings to Your Account within a reasonable amount of time.

M. Location Technologies

To determine Your eligibility to use the Services, Fanatics Sportsbook must determine Your location using one or more reference points, such as GPS, IP address, beacons and/or software within Your personal computer, mobile device, consumer electronics device, or any other equipment. If You have set Your device(s) to disable GPS, Bluetooth, or other location determining software, use connection methods or systems that mask Your location, or do not authorize the Services to access Your location data, the Services may not be able to determine Your location and You will not be able to access the Services. Fanatics Sportsbook reserves the right to suspend or terminate Your Account if You prevent the Services from accurately determining Your location. You consent to the monitoring and recording by Fanatics Sportsbook and/or the Lottery of any geographic location information. For more information about how the Services collects, uses, and retains Your information, please read the Fanatics Sportsbook’s Privacy Policy.

N. Application License

Subject to Your compliance with these Terms, Fanatics Sportsbook grants You a limited, non-exclusive, and non-transferable license to download and install a copy of Fanatics Sportsbook’s mobile app on a device that You exclusively control and to run such copy of the mobile app solely for Your own personal use. Fanatics Sportsbook reserves all rights in and to the Fanatics Sportsbook mobile app (and otherwise to the Services) not expressly granted to You under these Terms.

If You have downloaded the Fanatics Sportsbook mobile app, You agree to promptly download and install any new version that Fanatics Sportsbook makes available. You understand that a failure to promptly update a new version of the app may, in some cases, expose You to increased security risks or Services malfunctions and may prevent You from placing wagers, or otherwise using the Services.

O. Taxation

Fanatics Sportsbook may request that You provide updated Account details for tax reporting purposes. This information will be used for compliance with tax regulations and may be shared with appropriate tax authorities. You, not Fanatics Sportsbook, are responsible for filing and paying applicable state and federal taxes on any winnings. Notwithstanding the forgoing, we may withhold federal and state taxes from certain winnings as required by applicable law or regulation, including but not limited to where required as a result of debts owed to the state. Fanatics Sportsbook does not provide tax advice, nor should any statements in these Terms or on the Services be construed as tax advice.

You consent to receive your Fanatics Sportsbook related tax information including your Form W-2G and/or IRS Form 1099 electronically. Your electronic tax information will be furnished on a downloadable PDF which you should be able to access and print using a standard PDF reader. You may contact FBG at support@betfanatics.com if you cannot access your electronic tax information or if you would like to request a paper copy of your tax information. You may also contact FBG at support@betfanatics.com if you wish to revoke your consent to receive your tax information electronically and receive your information in paper form. Please ensure that your recipient information is kept up to date in Your Account.

For more information on the rules governing Fanatics Sportsbook’s sports wagers, please carefully review the House Rules, which shall be posted on the Platform.

P. Streaming

If You are accessing any video streams of sports games through the Fanatics Sportsbook app (“Bet and Watch”), You further agree to the following:

You will only access Bet and Watch, when in a state where Fanatics Sportsbook is live;
Your access to and use of Bet and Watch will comply with all applicable statutes, regulations, laws, ordinances, subordinate legislation, common law, court orders, judgements, and/or industry codes or standards which are enforceable by law or regulation;
You acknowledge and agree that You will only access and use Bet and Watch for your own person use;
You will not reproduce or distribute any content accessed through Bet and Watch;
You will not provide unauthorized or unlawful access to Bet and Watch or the content accessed through Bet and Watch; and
You acknowledge and agree that all rights to the content accessed through Bet and Watch, including but limited to the intellectual property rights to the streamed content and the media player provided to use Bet and Watch are owned and/or reserved by Bet Genius Sports Media Inc.

3. Offers.

Certain provisions of the Terms may be superseded by expressly designated legal notices, rules or other terms located on particular pages of the Platform or otherwise made available through the Services, and, additionally to participate in or use certain promotions, discounts or coupons that may be run from time to time with respect to the Services (“Offer(s)”), You may be required to agree to additional or different terms and conditions (“Additional Terms”). Some Offers also may be subject to additional requirements or restrictions imposed by us or participating third parties, such as the vendors or other merchants that issued, sponsored, or are associated with the Offer or the exclusion of merchandise from an Offer which shall also be part of the Additional Terms. Your redemption of the Offer or use of such pages constitutes Your unconditional acceptance of the Additional Terms. If there is an actual conflict between these Terms and any Additional Terms, the Additional Terms shall control and the non-conflicting provisions in these Terms will continue to apply. For the sake of clarity, silence with respect to a particular term in either these Terms or any Additional Terms does not constitute a conflict.

If an Offer does not contain Additional Terms, then only these Terms apply. Under these Terms, unless otherwise prohibited by law, any Offer is not valid for cash or cash equivalents and is limited to one Offer per person, household, or address. We reserve the right to limit, change, or cancel any Offer or associated transaction, without prior notice, even after You have attempted to redeem the Offer or placed Your associated order.

4. Unauthorized Use.

You may only use the Services as authorized and not for any illegal or unlawful purpose. Any unauthorized use or violation of these Terms may immediately and automatically terminate Your right to use and access the Services and may subject You to legal liability. Appropriate legal action may be taken for any illegal or unauthorized use of the Services. In addition to the conduct described in Section 2(G) above, some other examples of unauthorized, illegal, or unlawful use of the Services include, but are not limited to:

Copying, modifying, displaying, performing, distributing, republishing, or retransmitting any content or material (including, by way of example, images and text), in whole or in part, from/on the Platform or otherwise through the Services without our prior written consent;
Collecting usernames and/or email addresses of users for the purpose of sending unsolicited email;
Using a framing or similar technique without our prior written permission;
Creating or maintaining any link from another website to any page on the Platform without our prior written permission;
Criminal or tortious activity, including fraud, spamming, spimming (spam by instant message), sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
Covering or obscuring the banner advertisements on the Platform, if any, via HTML/CSS or any other means;
Any automated use of any system, such as using scripts to alter content or a “bot” to engage in play;
Interfering with, disrupting, or burdening the Platform or the networks, systems or services connected to the Platform;
Using any automated system or software to extract data from the Platform or from any other user (including "screen scraping") for sale or use by any third party or any commercial purpose other than Your placement of a wager for Your Account;
Attempting to impersonate another user or person;
Using the Account, username, or password of another user or disclosing Your password, as applicable, to any third party or permitting any third party to access Your Account;
Displaying an advertisement, or accepting payment or anything of value from a third person in exchange for Your performing any commercial activity on or through the Platform on behalf of that person, such as placing commercial content on the Platform;
Using the Platform for any harassing, threatening, libelous, abusive, obscene or privacy-invading purposes; or
Using the Services in a manner inconsistent with any applicable law, rule or regulation.

We may remove any unauthorized content, links, etc. without notice.

5. FanCash.

Fanatics Sportsbook may at times offer FanCash or other, similar programs. Where offered, FanCash benefits shall be subject to the applicable FanCash Program Terms. We reserve the right to discontinue the FanCash Program or modify the terms applicable to FanCash Program at any time.

6. Links to Third Party Sites; Advertisers.

The Services may provide You with links or other access to other websites, services, products or content of third parties, including the Other Platforms, as defined in Section 9 below (“Third Party Sites”). We have no control over, and do not necessarily endorse, any Third Party Site's services, products or content. You acknowledge and agree that You access such Third Party Sites at Your own risk and are wholly responsible for making Your own independent judgment regarding Your use or interaction with the same. We recommend that You read the terms of service and privacy policies of each Third-Party Site that You access.

7. Privacy Policy.

You have read and acknowledge our collection, use and sharing of Your information, including personal information, as set forth in our Privacy Policy.

8. Property; Intellectual Property.

Subject to the express exception below, the Services, and all content of the Services(including, without limitation, text, graphics, scripts, sounds, interactive features, icons, images, clips and software), is protected by copyright, trademark, and other laws. Names, logos, taglines, icons, and marks on the Platform are the exclusive property of Fanatics Sportsbook and/or one of its affiliates, all rights reserved, and may not be used by You without our prior written permission. Unless otherwise indicated, all other intellectual property appearing on the Platform is the property of its respective owner. We reserve all rights not expressly granted in and to the Platform’s content and the Services.

Exception: Subject to Your strict compliance with these Terms and the other Agreements, Fanatics Sportsbook grants You a limited, personal, revocable, non-transferable, non-sublicensable license to: (i) download (temporary storage only), display, view, use, and/or play the content on its Platform on a personal computer, mobile phone, or other Internet enabled device for Your personal, non-commercial use only; and (ii) to use certain content that we may make available on the Services for such purposes as may be explicitly stated at the time that the content is made available. The foregoing limited license may be immediately suspended or terminated for any reason, in Fanatics Sportsbook’s sole discretion, and without advance notice or liability. Except with our express, written permission, You are prohibited from copying any of the content on the Platform.

9. User-Generated Content.

Users may be able to post content in certain areas on the Platform or on other websites or platforms that we own or operate, including on social media platforms such as Facebook, Instagram, Twitter, Pinterest, TikTok, and Snapchat (“Other Platforms”). You are solely responsible for any content (including, without limitation, photos, artwork, videos, text, graphics, and other information) You upload, post, display or otherwise provide to us through the Platform or Other Platforms (“User Content”). Any User Content You post or provide, including any questions, reviews, comments and suggestions, will be treated as non-confidential and non-proprietary. By sharing User Content with us, You grant us a worldwide, royalty-free, perpetual, irrevocable and transferable right to use, copy, reproduce, perform, distribute, display, publish, sell, and create derivative works of, the User Content, and to grant and authorize sub-licensees of the foregoing. Additionally, we shall be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including, without limitation, developing, manufacturing, and marketing products and services which incorporate such User Content. You further agree that this means that any User Content may appear on sites other than the Platform through which You submitted Your User Content including but not limited to Other Platforms. You represent and warrant that: (a) You own the User Content posted by You on the Services or otherwise have the right to grant the license set forth in this Section 9; (b) Your User Content does not violate the privacy rights, publicity rights, intellectual property rights, or any other rights of any person or entity; and (c) the posting of User Content does not result in a breach of any contract between You and a third party. You agree that You will not use a false or misleading email address, impersonate another person or entity or otherwise mislead with respect to any User Content. You agree that you will not post User Content that is, as determined by Fanatics Sportsbook, offensive, defamatory, sexually explicit or otherwise objectionable, or that is intended or reasonably likely to disparage Fanatics Sportsbook or bring Fanatics Sportsbook into public disrepute. You agree to pay for all royalties, fees and other monies owing to any person by reason of any User Content You post. We are under no obligation to screen or monitor User Content but may review User Content from time to time at our sole discretion to review compliance with these Terms. We may reject, refuse to post, edit, or remove any User Content at any time without notice, for any or no reason.

10. No Feedback Accepted.

We do not accept any unsolicited feedback related to the Platform from outside Fanatics Sportsbook including without limitation suggestions about advertising or promotions, or merchandising of any products, additions to our Services, or changes in methods of doing business. We may already be working on or may in the future work on a similar idea. If, notwithstanding this policy, You submit an unsolicited idea to this Platform, You understand and acknowledge that Fanatics Sportsbook has no obligation to acknowledge Your submission, such feedback is not submitted in confidence and we assume no obligation, expressed or implied, by considering it, and no confidential relationship is established between You and Fanatics Sportsbook. By submitting Your feedback or idea, You represent that You are authorized to do so, and Your submission does not include the confidential information, proprietary know-how, trade secrets, or other intellectual property of any other person or party. Fanatics Sportsbook’s use or distribution of Your submission or any portion thereof will not give rise to any claims against Fanatics Sportsbook or its affiliates and will be without compensation to You. You consent to the monitoring and recording by Fanatics Sportsbook and/or the Lottery of any User Content or other wagering communications information. You hereby grant us an irrevocable, perpetual, world-wide right (including intellectual property right) in the feedback or idea, to be used in any medium now known or hereafter developed, without compensation to You.

11. Termination of Access and/or Account.

In addition to any right or remedy that may be available to us under these Terms or under applicable law, we may limit, suspend, or terminate Your access to the Platform or Other Platforms (including, without limitation, Your Account registration and Your ability to post User Content), at any time, with or without notice, and with or without cause. We also may refer any information on illegal activities, including Your identity, to the proper authorities.

12. Termination and Survival.

These Terms shall remain in full force and effect while You use or access the Services or have an Account with us. If You would like to terminate Your Account please contact us at support.betfanatics.com.

Survival. Sections 2, 7, 8, 9, 10, 11, 12, 13, 14, 15, 18, 19, 20, and 21, together with all other terms which by their nature should reasonably be interpreted as surviving, shall survive any termination of these Terms.

13. Indemnity.

In exchange for the right to participate in the Services, You agree to defend (at our option), indemnify and hold harmless us, our subsidiaries, affiliates, suppliers, and licensors and each of our respective officers, directors, agents, partners and employees (the “Fanatics Sportsbook Parties”) from any loss, liability, claim, or demand, including reasonable attorneys' fees and costs of suit including experts’ fees, due to or arising out of (i) injuries, damages, or losses to persons and property which may be sustained in connection with participation in any wagering transactions, the receipt, ownership, use or misuse of any winnings or while preparing for, participating in and/or traveling to or from any Services related activity, and any claims based on publicity rights, defamation, or invasion of privacy; (ii) Your User Content; (iii) Your use of the Services and Your activities in connection with the Services (including Your use of the Services in violation of these Terms); (iv) Your breach or anticipatory breach of these Terms; (v) Your violation or anticipatory violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with Your use of the Services, participation in any wagering transactions, and Your other activities in connection with the Services; (vi) information or material transmitted through Your Account, even if not submitted by You, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vii) any misrepresentation made by You; and (viii) our use of the information that You submit to us (including Your User Content and Registration Data) (all of the foregoing, “Indemnifiable Claims and Losses”). We may, in our sole and absolute discretion, require any winner to execute a separate release of claims similar to the one listed above in this Section as a condition of being awarded any bet or receiving any pay-out.

You will cooperate as fully required by us in the defense of any Indemnifiable Claim and Losses. Notwithstanding the foregoing, we retain the exclusive right to settle, compromise, and pay any and all Indemnifiable Claims and Losses. We reserve the right to select counsel and assume the exclusive defense and control of any Indemnifiable Claims and Losses. You will not settle any Indemnifiable Claims and Losses without, in each instance, the prior written consent of an officer of Fanatics Sportsbook. You are responsible for repaying us for any Indemnifiable Claim or Loss.

14. Disclaimer of Warranties.

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ARE RESPONSIBLE FOR COMPLYING WITH THE AGREEMENTS AND ALL APPLICABLE LAWS WITH RESPECT TO THE USE OF THE SERVICES. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, THE SERVICES, INCLUDING ALL INFORMATION AND CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THEM, ARE MADE AVAILABLE TO YOU "AS IS" WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY: (A) THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (B) THAT DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED; (C) THAT THE SERVICES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; (D) AS TO THE QUALITY, ACCURACY, COMPLETENESS AND VALIDITY OF ANY INFORMATION OR MATERIALS RELATING TO THE SERVICES; (E) THAT YOUR USE OF THE SERVICES, INCLUDING SERVICES AND/OR LINKS PROVIDED BY THIRD PARTIES, WILL MEET YOUR REQUIREMENTS; OR (F) THAT TRANSMISSIONS OR DATA WILL BE SECURE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR THE USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS.

EXCEPTIONS: SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR WARRANTIES AND LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

15. Limitation on Liability.

YOU UNDERSTAND AND AGREE THAT FANATICS SPORTSBOOK LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE SERVICES AS SET FORTH BELOW: UNDER NO CIRCUMSTANCES SHALL FANATICS SPORTSBOOK OR ANY OTHER FANATICS SPORTSBOOK PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THE SERVICES, INFORMATION OR OTHER CONTENT ON THE PLATFORM, OR YOUR UPLOAD INFORMATION; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE SERVICES; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY FANATICS SPORTSBOOK OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SERVICES OR INFORMATION OR OTHER CONTENT ON THE PLATFORM; (4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS OR OTHER INTELLECTUAL PROPERTY RIGHTS HOLDER; OR (5) ANY ERRORS OR OMISSIONS IN THE SERVICES’ TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE FANATICS SPORTSBOOK PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, PANDEMIC, TERRORISM, TRADE OR LABOR DISPUTE, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICES). IN NO EVENT WILL THE FANATICS SPORTSBOOK PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH, OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

YOU UNDERSTAND AND AGREE THAT BY USING THE SERVICES, THERE IS A RISK YOU MAY LOSE MONEY. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK AND THE FANATICS SPORTSBOOK PARTIES HAVE NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY CONSEQUENCES ALLEGED TO HAVE OCCURRED THROUGH YOUR USE, OR MISUSE, OF THE SERVICES.

TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE TOTAL LIABILITY OF FANATICS SPORTSBOOK AND/OR ITS AFFILIATES IS LIMITED TO THE AVERAGE ACCOUNT BALANCE IN YOUR FANATICS SPORTSBOOK ACCOUNT OVER THE ONE HUNDRED AND EIGHTY (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. WITHOUT LIMITING THE FOREGOING, THE FANATICS SPORTSBOOK PARTIES ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER’S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE SERVICES OR ANY OF THE CONTENT, YOU CAN DISCONTINUE ACCESSING AND USING THE SERVICES OR THE CONTENT. YOU RECOGNIZE AND CONFIRM THAT IF YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF FANATICS SPORTSBOOK’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY SERVICE OR OTHER PROPERTY OWNED OR CONTROLLED BY THE FANATICS SPORTSBOOK PARTIES OR YOUR UPLOAD INFORMATION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY FANATICS SPORTSBOOK SERVICES OR YOUR UPLOAD INFORMATION OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO. BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.

This provision applies to the fullest extent permissible and is subject to the Severability provision in Section 22 hereto.

16. Third Party Transactions.

Through Your use of the Services, You may have the opportunity to engage in commercial or other transactions with other users, vendors and other third parties. You acknowledge that all transactions relating to any merchandise or services offered by any third party, including but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the third party seller or purchaser of such merchandise and services and You, and that You will look solely to such third party to enforce any of Your rights. In the event of any problem with the products or services that You have purchased from a third party You agree that You will address such issues with the third party, but all limitations of liability and other rights of Fanatics Sportsbook shall apply nonetheless. We may not have the ability to accept returns or refund the purchase price for any transaction You complete with a third party through our Services. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE SERVICES FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY AND NOT BY US.

17. U.S. Export Controls.

Software made available to You by Fanatics Sportsbook (the "Software"), if any, is subject to U.S. export controls. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at Your sole risk.

18. Governing Law and Jurisdiction.

To the extent permitted by law, these Terms will be governed by, and interpreted in accordance with, the laws of the State of Kansas, without regard for its choice of conflict of law principles. Please note that this means that Kansas law shall apply to these terms and all Services.

For any Claims (defined below) that are not subject to arbitration, if any: (a) the exclusive jurisdiction and venue for proceedings involving Claims shall be Federal or state courts of competent jurisdiction sitting within the State of Kansas (the "Forum"), and You and we hereby waive any argument that any such court does not have personal jurisdiction or that the Forum is not appropriate or convenient; and (b) You and we waive any and all rights to trial by jury with respect to any such Claims.

19. Arbitration Agreement

PLEASE READ THESE "BINDING ARBITRATION" AND "CLASS WAIVER" PROVISIONS CAREFULLY, BECAUSE THEY REQUIRE YOU TO ARBITRATE ALL DISPUTES WITH FANATICS SPORTSBOOK AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF. ARBITRATION DOES NOT INVOLVE A JUDGE OR JURY.

A. Initial Dispute Resolution Procedure.

Fanatics Sportsbook shall attempt to timely resolve a dispute with you concerning the payment of alleged winnings. If Fanatics Sportsbook is unable to satisfactorily resolve a dispute concerning the payment of alleged winnings within seven (7) days of notice of the dispute, Fanatics Sportsbook will notify the Commission of the dispute. The notice will identify the parties to the dispute and state the known relevant facts regarding the dispute. A determination regarding the dispute may be made by the Commission. With the sole exception of disputes concerning the payment of alleged winnings that are decided by the Commission, all disputes shall be governed by this Section 19 (the ‘Arbitration Agreement’).

You and Fanatics Sportsbook (each a “party” and collectively, the “parties”) agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost, and mutually beneficial outcome. The parties therefore agree that, before either party demands arbitration against the other, we will individually and personally meet and confer, by telephone or videoconference, in a good-faith effort to resolve informally any claim covered by this Section 19 (the “Arbitration Agreement”). Multiple individuals with disputes cannot participate in the same informal telephonic dispute resolution conference. If You are represented by counsel (which such representation will be at Your sole cost and expense), Your counsel may participate in the conference, but You shall also fully participate in the conference. The party initiating the claim must give notice to the other party in writing of their intent to initiate an informal dispute resolution conference, which shall occur within 30 days after the other party receives such notice, unless an extension is mutually agreed upon by the parties.

The aforementioned informal dispute resolution process is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding. The parties agree that any relevant limitations period and filing fees or other deadlines will be tolled while the parties engage in this informal dispute resolution process.

B. Agreement to Arbitrate.

As a condition of using the Services, You and we agree that except as expressly provided in Section 19(C), any and all past, pending, or future disputes, claims and causes of action (collectively, “Claims”) arising out of or connected with the Services or the Agreements (including without limitation any dispute concerning the breach, enforcement, construction, validity, interpretation, enforceability, or arbitrability of these Terms) shall be resolved exclusively by binding arbitration administered by National Arbitration and Mediation (“NAM”) and before a single arbitrator, except as set forth below. If NAM is not available to arbitrate, the parties will mutually agree upon an alternative arbitration provider within sixty (60) days. Except as modified by this Section 19 provision, NAM will administer the arbitration in accordance with the NAM Comprehensive Dispute Resolution Rules and Procedures, Fees For Disputes When One of the Parties is a Consumer and the Mass Filing Dispute Resolution Rules and Procedures in effect at the time any demand for arbitration is filed with NAM, excluding any rules or procedures governing or permitting class or representative actions. The applicable NAM rules and procedures are available at www.namadr.com or by emailing National Arbitration and Mediation’s Commercial Dept at commercial@namadr.com. In the event of any dispute concerning the scope or applicability of the Arbitration Provisions of these Terms, You and Fanatics Sportsbook agree that the arbitrator exclusively shall have the power to rule on his or her own jurisdiction over the Claim, including any objections with respect to the existence, scope or validity of the arbitration agreement or to the arbitrability of the claims or counterclaims presented as part of the Claim.

This Arbitration Agreement is governed by the Federal Arbitration Act ("FAA") in all respects and evidences a transaction involving interstate commerce. You and Fanatics Sportsbook expressly agree that the FAA shall exclusively govern the interpretation and enforcement of this Arbitration Agreement. If for whatever reason the rules and procedures of the FAA cannot apply, the state law governing arbitration agreements in the state in which You reside shall apply.

The alleged invalidity of the Terms shall have no effect upon the validity of our mutual agreement to arbitrate any Claims under this Section. In addition, if any portion of this Section is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect consistent with Section 22 of these Terms.

You and Fanatics Sportsbook shall maintain the confidential nature of the arbitration proceedings and the arbitration award, including the arbitration hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.

Although court review of an arbitration award may be limited, an arbitrator is empowered to award the same damages and relief as a court, including injunctive relief or statutory damages. Notwithstanding the foregoing, either party may seek temporary or emergency equitable relief to enforce its rights in any court of competent jurisdiction.

C. Exceptions to Arbitration.

Notwithstanding the parties' decision to resolve all Claims through arbitration, each party retains the right to (i) elect to have any Claims resolved in small claims court on an individual basis for Claims and actions within the scope of such court’s jurisdiction, regardless of what forum the filing party initially chose; (ii) bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” in this context means patents, copyrights, moral rights, trademarks, and trade secrets and other confidential or proprietary information, but not privacy or publicity rights); and (iii) seek a declaratory judgment, injunction, or other equitable relief in a court of competent jurisdiction regarding whether a party's claims are time-barred or may be brought in small claims court. Seeking such relief shall not waive a party's right to arbitration under these Terms, and any filed arbitrations related to any action filed pursuant to this paragraph shall automatically be stayed pending the outcome of such action.

D. Class Action Waiver.

REGARDLESS OF YOUR DECISION AS TO WHETHER TO OPT-OUT OF ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO SUE OR GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS CONTRACT. YOU AND WE ALSO AGREE THAT (A) ANY CLAIMS WILL BE RESOLVED INDIVIDUALLY AND FOR YOUR LOSSES ONLY AND NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE, MEMBER OR OTHERWISE ON BEHALF OF OTHERS IN ANY PROPOSED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING AND NOT THROUGH ANY CLASS ACTION, (B) IF A CLAIM PROCEEDS IN COURT ANYWAY, WE BOTH WAIVE ANY RIGHT TO A JURY TRIAL; AND (C) EITHER YOU OR WE MAY SEEK A COURT INJUNCTION OR OTHER EQUITABLE RELIEF REGARDING INTELLECTUAL PROPERTY INFRINGEMENT. ARBITRATION DOES NOT INVOLVE A JUDGE OR JURY.

If there is a final judicial determination that applicable law precludes enforcement of this Section’s limitations as to a particular remedy, then that remedy (and only that remedy) must be severed from the arbitration and may be sought in court. The parties agree, however, that any adjudication of remedies not subject to arbitration shall be stayed pending the outcome of any arbitrable claims and remedies.

If there is a final judicial determination that either the class arbitration action and collective relief waiver or the provisions in this Section 19 are not enforceable as to a particular claim or request for relief, then the parties agree that that particular claim or request for relief may proceed in court but shall be severed and stayed pending arbitration of the remaining claims. This provision does not prevent You or Fanatics Sportsbook from participating in a class-wide settlement of claims.

E. 30-DAY RIGHT TO OPT OUT.

YOU MAY OPT OUT OF THESE ARBITRATION AND CLASS ACTION PROVISIONS BY FOLLOWING THE INSTRUCTIONS BELOW. IF YOU DO NOT OPT-OUT, THESE TERMS WILL APPLY RETROACTIVELY TO ALL CLAIMS YOU MAY POSSESS, WHETHER ASSERTED TO DATE OR NOT.

IF YOU DO NOT WISH TO AGREE TO THIS SECTION OF THE TERMS REQUIRING ARBITRATION AND CLASS ACTION WAIVER AND YOU HAVE NOT PREVIOUSLY AGREED TO AN ARBITRATION PROVISION IN CONNECTION WITH YOUR USE OF OUR SERVICE, YOU MUST, WITHIN THIRTY (30) DAYS OF ENTERING THESE TERMS BY PROVIDING WRITTEN NOTICE TO FANATICS BETTING AND GAMING, 95 MORTON STREET, NEW YORK, NY 10014, ATTN FBG LEGAL DEPARTMENT. THIS WRITTEN NOTICE MUST BE SIGNED BY YOU, AND NOT YOUR ATTORNEY, AGENT OR REPRESENTATIVE AND CONTAIN YOUR FULL NAME, ADDRESS, AND THE WORDS “OPT OUT” IN THE SUBJECT OF THE LETTER.

F. Initiating Arbitration.

Following the conclusion of the initial dispute resolution process required by this Section, You may seek arbitration of a Claim by contacting our registered agent Corporation Service Company at their New York address (https://apps.dos.ny.gov/publicInquiry/EntityDisplay), attn: FBG Enterprises Opco, LLC, with a copy to Fanatics Betting and Gaming, 95 Morton Street, New York, NY 10014, Attn: FBG Legal Department. By signing the demand for arbitration, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that (i) the demand for arbitration is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (ii) the claims and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (iii) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. The Arbitrator shall be authorized to afford any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or any applicable state law for either party’s violation of this requirement.

The arbitration may be conducted via telephone, written submissions or in person in a mutually agreed location. If the parties cannot mutually agree to a location for in person hearings or proceedings, such proceedings shall take place within the State of New York at a location specified by the arbitrator. You are responsible for Your own attorneys' fees unless the arbitration rules and/or applicable law provide otherwise. The parties agree that NAM has discretion to reduce the amount or modify the timing of any administrative or arbitration fees due under NAM’s Rules where it deems appropriate (including as specified in Section 19), provided that such modification does not increase the costs to You, and You further agree that You waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by NAM does not constitute a default, waiver, or breach of this Section 19 while such challenge remains pending before NAM, the arbitrator, and/or a court of competent jurisdiction, and that any and all due dates for those fees shall be tolled during the pendency of such challenge. You and we further agree that an award and any judgment confirming it only apply to the arbitration in which the award was awarded and cannot be used in any other proceeding except to enforce the award itself and any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of Kansas, or the United States District Court for the District of Kansas.

G. Batch Arbitration.

To increase the efficiency of administration and resolution of arbitrations, if 100 or more similar arbitration demands (those asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief) presented by or with the assistance or coordination of the same law firm(s) or organization(s) are submitted to NAM (or another arbitration provider selected in accordance with Section 19(B) if NAM is unavailable) against Fanatics Sportsbook within reasonably close proximity ("Mass Filing"), the parties agree (i) to administer the Mass Filing in batches of 100 demands per batch (to the extent there are fewer than 100 arbitration demands left over after the batching described above, a final batch will consist of the remaining demands) with only one batch filed, processed, and adjudicated at a time; (ii) to designate one arbitrator for each batch; (iii) to accept applicable fees, including any related fee reduction determined by NAM (or another arbitration provider selected in accordance with Section 19(B) if NAM is unavailable) in its discretion; (iv) that no other demands for arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the prior batch of 100 is filed, processed, and adjudicated; (v) that fees associated with a demand for arbitration included in a Mass Filing, including fees owed by Fanatics Sportsbook and the claimants, shall only be due after Your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; and (vi) that the staged process of batched proceedings, with each set including 100 demands, shall continue until each demand (including Your demand) is adjudicated or otherwise resolved. Arbitrator selection for each batch shall be conducted to the greatest extent possible in accordance with the applicable NAM rules and procedures for such selection, and the arbitrator will determine the location where the proceedings will be conducted.

You agree to cooperate in good faith with Fanatics Sportsbook and the arbitration provider to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including the payment of combined reduced fees, set by NAM in its discretion, for each batch of claims. The parties further agree to cooperate with each other and the arbitration provider or arbitrator to establish any other processes or procedures that the arbitration provider or arbitrator believe will provide for an efficient resolution of claims. Any disagreement between the parties as to whether this provision applies or as to the process or procedure for batching shall be resolved by a procedural arbitrator appointed by NAM. This “Batch Arbitration” provision shall in no way be interpreted as increasing the number of claims necessary to trigger the applicability of NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures or authorizing class arbitration of any kind. Unless Fanatics Sportsbook otherwise consents in writing, Fanatics Sportsbook does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in Section 19(B) above and this Section 19(G). If Your demand for arbitration is included in the Mass Filing, Your claims will remain tolled until Your demand for arbitration is decided, withdrawn, or is settled.

H. Changes to this Section

Fanatics Sportsbook will provide 30 days’ notice of any changes to this Section. Changes will become effective on the 30th day and apply to all claims not yet filed. If You continue to use the site after the 30th day, You agree that any unfiled claims of which Fanatics Sportsbook does not have actual notice are subject to the revised clause.

If You reject any such changes by opting out of the Arbitration Agreement, You may exercise Your right to a trial by jury or judge, as permitted by applicable law, but any prior existing agreement to arbitrate Claims under a prior version of the Arbitration Agreement will not apply to claims not yet filed. If Fanatics Sportsbook changes this Section 19 after the date You first accepted these Terms (or accepted any subsequent changes to these Terms), You agree that Your continued use of the Platform or other Services 30 days after such change will be deemed acceptance of those changes.

20. One Year Statute of Limitations.

You and Fanatics Sportsbook agree that any Claims or lawsuits, regardless of form, arising out of or related to the Services or the Agreements must BE FILED within ONE (1) YEAR of the action, omission, event, or occurrence giving rise to the claim or suit, after which such claims will be time-barred and prohibited, without regard to any longer period of time which may be provided by any period of limitation or repose by law or statute.

21. Miscellaneous.

Notice: We may give You notice of certain events from time to time. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Platform or (if we choose to do so in our sole discretion) delivering them to You through email if You have provided us with Your accurate email address, or otherwise upon our delivery of such notice (to the extent we elect to provide such notice through any other means).

Rules of Construction: The section titles in these Terms are for convenience only and have no legal or contractual effect. The terms “include,” “includes,” or “including” mean “including without limitation.” Unless context requires otherwise, “or” will be constructed in the inclusive sense (“and/or”). To the extent that any provision of these Terms requires or is subject to Fanatics Sportsbook’s approval or consent, Fanatics Sportsbook shall be entitled to provide or withhold such approval or consent in its sole discretion.

Force Majeure: The failure of Fanatics Sportsbook to comply with any provision of these Terms due to circumstances beyond its control including but not limited to an act of God, hurricane, war, fire, riot, earthquake, weather, pandemic or endemic, terrorism, act of public enemies, strikes, labor shortage, actions of governmental authorities or other force majeure event will not be considered a breach of these Terms, and Fanatics Sportsbook’s performance obligations, if any, shall be delayed until such time as performance becomes reasonably practicable and if performance is no longer possible, such non-performance shall not be considered a breach of these Terms.

Assignment: These Terms and Your Account are personal to You, and You may not transfer or assign them. We may require the ability to transfer, assign or sublicense these Terms to a third party, for example (but without limitation) in the case of our engaging new third party service providers or in the case of a merger or acquisition. Our performance under these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to Your use of the Services or information provided to or gathered by us with respect to such use.

Relationship: No joint venture, partnership, employment, or agency relationship exists between You, the Fanatics Sportsbook Parties, or any third party partner we may use as a result of the Agreements or Your use of the Services.

Entire Agreement: These Terms and all Agreements constitute the entire understanding between You and us, and supersede all prior understandings between You and us relating to the subject matter.

Severability: For the avoidance of doubt, these Terms apply solely to the extent permitted by law. If for any reason any provision of the Terms or portion thereof, is found by a court of competent jurisdiction to be unlawful, void, or unenforceable, that part of Terms will be deemed severable and shall not affect the validity and enforceability of the remainder of these Terms which shall continue in full force and effect. The parties agree further that If any part of these Terms is deemed to be illegal, invalid, void or for any reason unenforceable, that the invalid or unenforceable provision should, to the greatest extent possible, be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

Waiver: Our failure to assert breach or a violation of these Terms or otherwise failure to exercise any rights under these Terms shall not constitute or be deemed a waiver or forfeiture of such rights or a waiver or forfeiture of such rights in the future.

22. Contact Information.

If You experience any problems or have any inquiries or concerns, please contact us. You can reach us at the following address, or by utilizing the “Chat” function, which is available through the Platform:

Address: FBG Enterprises Opco, LLC.
PO Box 551702

4150 Belfort Rd

Jacksonville, FL. 32216

For legal inquiries, please contact our registered agent Corporation Service Company at their New York address (https://apps.dos.ny.gov/publicInquiry/EntityDisplay) or to contact FBG Enterprises Opco, LLC directly legal@betfanatics.com. Do not use these contacts for customer support.

Terms of Service – Fanatics Sportsbook Kentucky

Terms of Service – Fanatics Sportsbook Kentucky

To view and/or print a PDF version of these Terms of Service for Fanatics Sportsbook Kentucky, please click here.

Last updated as of March 24, 2025.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY.

Welcome to Fanatics Sportsbook! These Terms of Service (“the Terms” or “TOS”) form a binding contract between you (“You” or “user”) and FBG Enterprises Opco, LLC, a Delaware limited liability company, (“Fanatics Sportsbook,” “FBG,” “Fanatics Betting and Gaming,” “we,” “us,” or “our”). These Terms shall govern Your access and use of the Fanatics Sportsbook sports wagering services, including but not limited to its website and mobile application (together, the “Platform”) and Your participation in any promotions, contests, offers and any other transactions or dealings with Fanatics Sportsbook in any way (collectively, including the Platform, the “Services”).

You agree that Your use and access of the Services shall be governed by these Terms, the Fanatics Sportsbook Privacy Policy, the House Rules of Fanatics Sportsbook, the FanCash Program Terms, and any other terms, conditions rules or policies that relate to the Services such as promotions (including but not limited to Bonuses defined below), contests, special offers or any other condition on Your use of the Services that we may provide to You (all collectively, the “Agreements”), which are incorporated herein. Your use of the Services is at all times subject to these Agreements, as may be modified by us, and all applicable laws, rules and regulations. Please read these Agreements carefully. If You are dissatisfied with these Agreements or any content or information accessed through the Services, Your sole and exclusive remedy is to discontinue using the Services. You agree that Your continued use or access of the Platform or Services is subject to the Agreements.

You must be physically located in Kentucky to place a wager using the Fanatics Sportsbook in Kentucky. If You log into the Platform from a state other than Kentucky where the Platform is offered, Your activity will be governed by the Fanatics Sportsbook Terms of Service for that state and by logging in, you will agree to such terms. Additionally, You agree that we will transfer Your entire Account (defined below in Section 2(B)) balance to the Fanatics Sportsbook of the other state so that Your funds are available for You to wager while physically present within the other state. The balance transfer will be reflected in Your Account history. If You later login from Kentucky or a different state where the Fanatics Sportsbook Platform is offered, You agree that we will transfer Your entire Account balance back to Kentucky or the other state.

Table of Contents

D. User Account Funds, Withdrawals, and Refunds

1. Acceptance of Terms of Service.

2. Sports Wagers.

Fanatics Sportsbook is licensed and regulated by the Kentucky Horse Racing Commission (“Commission”), Fanatics Sportsbook offers online sports wagering in Kentucky pursuant to a Sports Gaming Operator License issued by the Commission.

A. Eligibility for Sports Wagering

Fanatics Sportsbook’s Services that offer the ability to participate in sports wagering, are open only to eligible users. You must be at least eighteen (18) years of age to open an Account with Fanatics Sportsbook.

When You use the Platform to engage in sports wagering, You are further representing and warranting that all of the following are true:

You are 21 years of age or older;
You are a citizen or legal resident of the United States of America (“U.S.”) and You have an address in the U.S.;
At the time of placing a sports wager, You are physically located in Kentucky (or, in the event of Your use of a Fanatics Sportsbook licensed to operate in another state, that You are physically located in that state);
You are not placing a wager as an agent or proxy;
You are not listed on any U.S. Government list of prohibited or restricted parties;
You are not subject to backup withholding tax because: (a) You are exempt from backup withholding, or (b) You have not been notified by the Internal Revenue Service (IRS) that You are subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified You that You are no longer subject to backup withholding;
You do not, by virtue of affiliation with another sports wagering site or otherwise, have access to pre-release non-public confidential data about sports wagering-related information; AND
You are not a “prohibited person” under Section 10:001E of the Sports Wagering Regulations promulgated by the Commission, or otherwise prohibited from placing a sports wager pursuant to KRS § 230.820. Under those sections, the following persons are prohibited:
Any underage person;
Any individual wagering while not in the authorized geographic boundaries within the Commonwealth of Kentucky;
Any individual wagering on behalf of another;
Any restricted patron wagering in violation of their restrictions;
Any voluntarily or involuntarily excluded person;
Any individual wagering in violation of commonwealth, local, or federal law.
persons placing a sports wager on a game or event in which the person is a participant. As used in this section, “participant” includes: (a) players; (b) coaches; (c) referees, umpires, judges, or other officials involved in enforcing the rules of the game; (d) spouses and close family members of persons included in paragraphs (a) to (c) of this subsection; (e) owners or shareholders of more than five percent (5%) interest in professional sports teams who might have influence over players and coaches through the ability to hire or fire; and (f) other persons identified by the Commission as participants.

B. Registration

You must register for an account to use the Services and otherwise participate in sports wagering (an “Account”). The first step in the Account registration process is to create and/or enter Your Fanatics ID by providing Your email and selecting or entering a password. The second step after You create or enter Your Fanatics ID is You will be prompted to further verify your identity and create an Account to place bets. You agree to provide true, accurate, current and complete information (“Verification Data”) about Yourself as prompted and to maintain and promptly update the Verification Data to keep it accurate, current and complete. Verification Data may include a valid mailing address, date of birth, and Social Security number, as well as any other information Fanatics Sportsbook may require to run appropriate identity checks and comply with applicable rules and regulations. If necessary, You may be required to provide appropriate documentation that allows us to verify information about You at any time, including after your Account has been registered. If You provide any information that is inaccurate, not current or incomplete, or Fanatics Sportsbook has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, Fanatics Sportsbook may deny You access to Services, or terminate Your Account, in its sole discretion.

You may only establish, maintain, use and control one (1) Account with Fanatics Sportsbook. An Account can only be owned, maintained, used and controlled by one individual. Users may not “co-own” Accounts on the Services. Accounts are non-transferable and are solely for personal use. If Fanatics Sportsbook believes You have opened, maintained, used or controlled more than one Account or are making illegal or improper use of such Account, in addition to any other rights that Fanatics Sportsbook may have, Fanatics Sportsbook reserves the right, in its sole discretion, to suspend, limit, or terminate any or all of Your Accounts and terminate, withhold or revoke the awarding of any winnings or prizes. In such circumstances, Fanatics Sportsbook may also report such activity to relevant authorities.

C. Account Password and Security

In the event you lose your authentication credentials, specifically your Fanatics ID and password, you can use the self-service “Password Reset” option that is available on the login screen or contact our customer support at support@betfanatics.com.

Fanatics has the right to: (a) Refuse to establish a sports wagering Account for what it deems good and sufficient reason; (b) Refuse deposits to or withdrawals from a sports wagering Account for what it deems good and sufficient reason; and (c) Unless there is a pending investigation or dispute, suspend or close any sports wagering Account at any time pursuant to these Terms.

D. User Account Funds and Withdrawals

You must have a positive balance in Your Account to place a bet. You will not be able to place any bets in an amount greater than the total balance in Your Account. We do not permit Your Account to have a negative Account balance. We reserve the right to limit the amount You can deposit into Your Account for any reason, or to otherwise limit the amount You can bet. You agree to abide by those limits.

By initiating a deposit into or a withdrawal or refund from Your Account, You authorize Fanatics Sportsbook to instruct Third Party Providers (such as Your bank or card issuer) to handle deposits, withdrawals and refunds from Your Account and agree that Fanatics Sportsbook may provide such Third Party Providers Your personal information as needed to complete the transaction.

You agree that we are not legally responsible for any acts or omissions of any Third Party Providers in processing Your deposit, withdrawal, or refund and You further agree to be obligated by the terms and conditions of use of each applicable Third Party Provider. If there is a disagreement between these Terms and the terms and conditions of any Third Party Provider, these Terms prevail. Fanatics Sportsbook is not responsible for any fees charged to You by Third Party Providers related to Your deposits or withdrawals.

If You use the Services for sports wagering, all winnings You obtain will be added to Your Account balance, and such funds will be held in a separate, segregated bank account. Your withdrawals of winnings will be made from this segregated bank account. These funds belong to You, subject to any anti-fraud checks, or other reviews of prohibited conduct as described herein. Subject to such checks, You may close Your Account and withdraw Your winnings and/or request a refund of unplayed deposits from Your Account at any time and for any reason. Fanatics Sportsbook may not use Your winnings to cover its operating expenses or for other purposes. Your withdrawals of winnings will be made from this segregated bank account.

To protect your funds, FBG implements a number of security checks before any withdrawal or refund request is processed. FBG reserves the right to withhold any withdrawal or refund until these checks have been completed. There may be some delays if a withdrawal or refund is requested outside of business hours. We generally expect withdrawals or refunds to be processed within twenty-four (24) hours, however they may take up to five (5) working days.

E. Dormant Accounts

If Your Account remains inactive for the amount of time specified by applicable state law, which for Kentucky is 3 years, it will be considered abandoned, and Fanatics can close your account. When a sports wagering account is closed, Fanatics shall issue any funds, less processing fees, within five (5) business days to the account holder's last-known address.

All bonuses and winnings earned from wagering with Bonuses (as defined below) will be forfeited from any Account to which a deposit has not been made within 60 days of establishing such Account.

F. Responsible Player Behavior & Self-Exclusion

Fanatics Sportsbook offers tools to encourage responsible player behavior. Our Platform offers a number of self-imposed gaming limitations, including:

A cool-off period;
Daily, weekly, or monthly deposit limits;
Daily, weekly, or monthly wagering limits;
Daily time limits; and
Self-exclusion program.

G. Disqualification and Cancellation

Fanatics Sportsbook may disqualify You from a bet, withhold access to all sports wagering, withhold access to the any or all Services, refuse to award winnings, require the return of any winnings, or suspend, limit, or terminate Your Account if You engage in conduct Fanatics Sportsbook deems, in its sole discretion, to be improper, unfair, fraudulent or otherwise adverse to the operation of the Services or in any way detrimental to other users. Improper conduct includes, but is not limited to:

Falsifying personal or payment information;
Colluding with any other individual(s) or engaging in any type of syndicate play;
Violating eligible payment method terms;
Using an Account to participate in a game or event on behalf of multiple users or otherwise collaborating with others to participate in a game or event;
Tampering with the administration of the Services or trying to in any way tamper with the computer programs associated with the Services;
Using IP proxying or other methods to disguise Your location or the place of Your residence to circumvent geographical restrictions on sports wagering participation;
Obtaining other users’ information and/or spamming other users;
Abuse of any offers, promotions, or Bonuses;
Abuse of the Services in any way; or
Otherwise violating these Terms or any of the other Agreements.

H. Publicity License and Release

I. Placing Bets

When placing a bet, You are responsible for ensuring that all of the details of the bet are correct. Once a bet has been placed, You cannot cancel the bet.

We are not responsible for technical, hardware, network connections, or incomplete or delayed computer transmissions, regardless of cause.

J. Bonuses and Promotions

K. Game Statistics and Live Scoring

L. Game Results & Winnings

M. Location Technologies

To determine Your eligibility to use the Services, Fanatics Sportsbook must determine Your location using one or more reference points, such as GPS, IP address, beacons and/or software within Your personal computer, mobile device, consumer electronics device, or any other equipment. If You have set Your device(s) to disable GPS, Bluetooth, or other location determining software, use connection methods or systems that mask Your location, or do not authorize the Services to access Your location data, the Services may not be able to determine Your location and You will not be able to access the Services. Fanatics Sportsbook reserves the right to suspend or terminate Your Account if You prevent the Services from accurately determining Your location. For more information about how the Services collects, uses, and retains Your information, please read the Fanatics Sportsbook’s Privacy Policy.

N. Application License

O. Taxation

For more information on the rules governing Fanatics Sportsbook’s sports wagers, please carefully review the House Rules, which shall be posted on the Platform.

P. Streaming

If You are accessing any video streams of sports games through the Fanatics Sportsbook app (“Watch and Bet”), You further agree to the following:

You will only access Watch and Bet, when in a state where Fanatics Sportsbook is live;
Your access to and use of Watch and Bet will comply with all applicable statutes, regulations, laws, ordinances, subordinate legislation, common law, court orders, judgements, and/or industry codes or standards which are enforceable by law or a regulatory body;
You acknowledge and agree that You will only access and use Watch and Bet for your own personal use;
You will not reproduce or distribute any content accessed through Watch and Bet;
You will not provide unauthorized or unlawful access to Watch and Bet or the content accessed through Watch and Bet; and
You acknowledge and agree that all rights to the content accessed through Watch and Bet, including but limited to the intellectual property rights to the streamed content and the media player provided to use Watch and Bet are owned and/or reserved by Bet Genius Sports Media Inc.

3. Offers.

4. Unauthorized Use.

Copying, modifying, displaying, performing, distributing, republishing, or retransmitting any content or material (including, by way of example, images and text), in whole or in part, from/on the Platform or otherwise through the Services without our prior written consent;
Collecting usernames and/or email addresses of users for the purpose of sending unsolicited email;
Using a framing or similar technique without our prior written permission;
Creating or maintaining any link from another website to any page on the Platform without our prior written permission;
Criminal or tortious activity, including fraud, spamming, spimming (spam by instant message), sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
Covering or obscuring the banner advertisements on the Platform, if any, via HTML/CSS or any other means;
Any automated use of any system, such as using scripts to alter content or a “bot” to engage in play;
Interfering with, disrupting, or burdening the Platform or the networks, systems or services connected to the Platform;
Using any automated system or software to extract data from the Platform or from any other user (including "screen scraping") for sale or use by any third party or any commercial purpose other than Your placement of a wager for Your Account;
Attempting to impersonate another user or person;
Using the Account, username, or password of another user or disclosing Your password, as applicable, to any third party or permitting any third party to access Your Account;
Displaying an advertisement, or accepting payment or anything of value from a third person in exchange for Your performing any commercial activity on or through the Platform on behalf of that person, such as placing commercial content on the Platform;
Using the Platform for any harassing, threatening, libelous, abusive, obscene or privacy-invading purposes;
Using the Services in a manner inconsistent with any applicable law, rule or regulation.

We may remove any unauthorized content, links, etc. without notice.

5. FanCash.

Fanatics Sportsbook may at times offer FanCash or other, similar programs. Where offered, FanCash benefits shall be subject to the applicable FanCash Program Terms. We reserve the right to discontinue FanCash Program or modify the terms applicable to FanCash Program at any time.

6. Links to Third Party Sites; Advertisers.

7. Privacy Policy.

You have read and acknowledge our collection, use and sharing of Your information, including personal information, as set forth in our Privacy Policy.

8. Property; Intellectual Property.

Subject to the express exception below, the Services, and all content of the Services (including, without limitation, text, graphics, scripts, sounds, interactive features, icons, images, clips and software), is protected by copyright, trademark, and other laws. Names, logos, taglines, icons, and marks on the Platform are the exclusive property of Fanatics Sportsbook and/or one of its affiliates, all rights reserved, and may not be used by You without our prior written permission. Unless otherwise indicated, all other intellectual property appearing on the Platform is the property of its respective owner. We reserve all rights not expressly granted in and to the Platform’s content and the Services.

9. User-Generated Content.

10. No Feedback Accepted.

We do not accept any unsolicited feedback related to the Platform from outside Fanatics Sportsbook including without limitation suggestions about advertising or promotions, or merchandising of any products, additions to our Services, or changes in methods of doing business. We may already be working on or may in the future work on a similar idea. If, notwithstanding this policy, You submit an unsolicited idea to this Platform, You understand and acknowledge that Fanatics Sportsbook has no obligation to acknowledge Your submission, such feedback is not submitted in confidence and we assume no obligation, expressed or implied, by considering it, and no confidential relationship is established between You and Fanatics Sportsbook. By submitting Your feedback or idea, You represent that You are authorized to do so, and Your submission does not include the confidential information, proprietary know-how, trade secrets, or other intellectual property of any other person or party. Fanatics Sportsbook’s use or distribution of Your submission or any portion thereof will not give rise to any claims against Fanatics Sportsbook or its affiliates and will be without compensation to You. You hereby grant us an irrevocable, perpetual, world-wide right (including intellectual property right) in the feedback or idea, to be used in any medium now known or hereafter developed, without compensation to You.

11. Termination of Access and/or Account.

12. Termination and Survival.

13. Indemnity.

14. Disclaimer of Warranties.

15. Limitation on Liability.

This provision applies to the fullest extent permissible and is subject to the Severability provision in Section 22 hereto.

16. Third Party Transactions.

17. U.S. Export Controls.

18. Governing Law and Jurisdiction.

To the extent permitted by law, these Terms will be governed by, and interpreted in accordance with, the laws of the Commonwealth of Kentucky, without regard for its choice of conflict of law principles. Please note that this means that Kentucky law shall apply to these terms and all Services.

For any Claims (defined below) that are not subject to arbitration, if any: (a) the exclusive jurisdiction and venue for proceedings involving Claims shall be Federal or State courts of competent jurisdiction sitting within the Commonwealth of Kentucky (the "Forum"), and You and we 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 we waive any and all rights to trial by jury with respect to any such Claims.

19. Arbitration Agreement

A. Initial Dispute Resolution Procedure.

The parties shall use their best efforts to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition to either party initiating an arbitration claim as provided in Section 19. If the parties do not reach an agreed upon solution within a period of 45 days from the time informal dispute resolution begins, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. The aforementioned informal dispute resolution process is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding. The parties agree that any relevant limitations period and filing fees or other deadlines will be tolled while the parties engage in this informal dispute resolution process.

B. Agreement to Arbitrate.

C. Exceptions to Arbitration.

D. Class Action Waiver.

YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO SUE OR GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS CONTRACT. YOU AND WE ALSO AGREE THAT: (A) ANY CLAIMS WILL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY AND FOR YOUR LOSSES ONLY; (B) YOU MAY NOT PROCEED AS A CLASS REPRESENTATIVE, MEMBER OR PART OF ANY PROPOSED CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL OR ANY REPRESENTATIVE PROCEEDING, OR OTHERWISE SEEK TO RECOVER ON BEHALF OF OTHERS OR FOR THE BENEFIT OF OTHERS IN ANY TYPE OF CLAIM OR ACTION; and (C) IF A CLAIM PROCEEDS IN COURT ANYWAY, WE BOTH WAIVE ANY RIGHT TO A JURY TRIAL; AND (C) EITHER YOU OR WE MAY SEEK A COURT INJUNCTION OR OTHER EQUITABLE RELIEF REGARDING INTELLECTUAL PROPERTY INFRINGEMENT. ARBITRATION DOES NOT INVOLVE A JUDGE OR JURY.

E. 30-DAY RIGHT TO OPT OUT.

F. Initiating Arbitration.

Following the conclusion of the initial dispute resolution process required by this Section, You may seek arbitration of a Claim by contacting our registered agent whose information is available at Kentucky: Secretary of State - Online Services, attn: Fanatics Holding, Inc., with a copy to Fanatics Betting and Gaming, 95 Morton Street, New York, NY 10014, Attn: FBG Legal Department. By signing the demand for arbitration, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that (i) the demand for arbitration is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (ii) the claims and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (iii) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. The Arbitrator shall be authorized to afford any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or any applicable state law for either party’s violation of this requirement.

The arbitration may be conducted via telephone, written submissions or in person in a mutually agreed location. If the parties cannot mutually agree to a location for in person hearings or proceedings, such proceedings shall take place within the State of New York at a location specified by the arbitrator. You are responsible for Your own attorneys' fees unless the arbitration rules and/or applicable law provide otherwise. The parties agree that NAM has discretion to reduce the amount or modify the timing of any administrative or arbitration fees due under NAM’s Rules where it deems appropriate (including as specified in Section 19), provided that such modification does not increase the costs to You, and You further agree that You waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by NAM does not constitute a default, waiver, or breach of this Section 19 while such challenge remains pending before NAM, the arbitrator, and/or a court of competent jurisdiction, and that any and all due dates for those fees shall be tolled during the pendency of such challenge. You and we further agree that an award and any judgment confirming it only apply to the arbitration in which the award was awarded and cannot be used in any other proceeding except to enforce the award itself and any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the Commonwealth of Kentucky, or the United States District Court for Western District of Kentucky.

G. Batch Arbitration.

H. Changes to this Section

20. One Year Statute of Limitations.

21. Miscellaneous.

Rules of Construction: The section titles in these Terms are for convenience only and have no legal or contractual effect. The terms “include,” “includes,” or “including” mean “including without limitation.” Unless context requires otherwise, “or” will be constructed in the inclusive sense (“and/or”). To the extent that any provision of these Terms requires or is subject to Fanatics Sportsbook’s approval or consent, Fanatics Sportsbook shall be entitled to provide or withheld such approval or consent in its sole discretion.

Entire Agreement: These Terms and all Agreements constitute the entire understanding between You and us, and supersede all prior understandings between You and us relating to the subject matter.

22. Contact Information.

If You experience any problems or have any inquiries or concerns, please contact us. For customer support inquiries, You can reach us at the following address, or by utilizing the “Chat” function, which is available through the Platform:

Address:

FBG Enterprises Opco, LLC.

PO Box 551702

4150 Belfort Rd

Jacksonville, FL. 32216

Telephone Number: 800-254-0320

For legal inquiries, please contact our registered agent Corporation Service Company at their New York address (https://apps.dos.ny.gov/publicInquiry/#search) or to contact FBG Enterprises Opco, LLC directly legal@betfanatics.com. Do not use these contacts for customer support.

Terms of Service – Fanatics Sportsbook Louisiana

Terms of Service – Fanatics Sportsbook Louisiana

To view and/or print a PDF version of these Terms of Service for Fanatics Sportsbook Louisiana, please click here.

Last updated as of March 24, 2025.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY.

Welcome to Fanatics Sportsbook! These Terms of Service (“the Terms” or “TOS”) form a binding contract between you (“You” or “user”) and FBG Enterprises Opco, LLC, a Delaware limited liability company, and its respective holding, subsidiary and affiliated entities (“Fanatics Sportsbook,” “FBG,” “Fanatics Betting and Gaming,” “we,” “us,” or “our”). These Terms shall govern Your access and use of the Fanatics Sportsbook sports wagering services, including but not limited to its website and mobile application (together, the “Platform”) and Your participation in any promotions, contests, offers and any other transactions or dealings with Fanatics Sportsbook in any way (collectively, including the Platform, the “Services”).

You must be physically located in Louisiana (and not physically located in a parish that has not approved a proposition authorizing sports wagering) to place a wager using the Fanatics Sportsbook in Louisiana. If You subsequently log into the Platform from a state other than Louisiana where the Platform is offered, Your activity will be governed by the Fanatics Sportsbook Terms of Service for that state and by logging in, you will agree to such terms. Additionally, You agree that we will transfer Your entire Account (defined below in Section 2(B)) balance to the Fanatics Sportsbook of the other state so that Your funds are available for You to wager while physically present within the other state. The balance transfer will be reflected in Your Account history. If You later login from Louisiana or a different state where the Fanatics Sportsbook Platform is offered, You agree that we will transfer Your entire Account balance back to Louisiana or the other state.

Table of Contents

D. User Account Funds, Withdrawals & Refunds

1. Acceptance of Terms of Service.

2. Sports Wagers.

FBG, under an agreement with Louisiana-I Gaming, A Partnership In Commendam d/b/a Boomtown New Orleans (“Casino”), is licensed and regulated by the Louisiana Gaming Control Board (“Board”). The Platform is offered in Louisiana under the license held FBG, pursuant to the oversight, regulatory requirements, and licensing of the Board. The use of the Platform and Services are subject to all applicable Louisiana State and United States federal laws and regulations.

Eligibility for Sports Wagering

When You use the Platform to engage in sports wagering, You are further representing and warranting that all of the following are true:

You are 21 years of age or older;
You are a citizen or legal resident of the United States of America (“U.S.”) and You have an address in the U.S.;
At the time of placing a sports wager, You are physically located in Louisiana (or, in the event of Your use of a Fanatics Sportsbook licensed to operate in another state, that You are physically located in that state);
You are not placing a wager, logging into an Account, or depositing or withdrawing funds as an agent or proxy;
You are not listed on any U.S. Government list of prohibited or restricted parties;
You are not subject to backup withholding tax because: (a) You are exempt from backup withholding, or (b) You have not been notified by the Internal Revenue Service (IRS) that You are subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified You that You are no longer subject to backup withholding;
You do not, by virtue of affiliation with another sports wagering site or otherwise, have access to pre-release non-public confidential data about sports wagering-related information; AND
You are not restricted from placing a wager pursuant to Louisiana law or regulation. In Louisiana, all of the following persons are prohibited from engaging in sports wagering:
Any person under 21 years of age;
Any person who has self-restricted or self-excluded from the Platform, FBG, or the Casino;
Any person who is excluded or prohibited for any other reason, including by law, rule, policy of Fanatics Sportsbook or the Casino, or pursuant to R.S. 27:27.1 (Uniform Compulsive and Problem Gambling Program requirements);
Any person not physically located in a parish that has approved a proposition authorizing sports wagering;
Any person that does not have a wagering Account established with Fanatics Sportsbook, if the player is attempting to place the sports wager through a Fanatics Sportsbook website or mobile application;
An athlete, coach, referee or other official, or staff of a participant or team that is participating in the sports event on which the person is attempting to place the wager;
Any director, officer, owner, or employee of the operator or any relative or other person living in the same household as a director, officer, owner, or employee of the operator.

B. Registration

C. Account Password and Security

You acknowledge and agree that Fanatics Sportsbook is authorized to act on instructions received through the use of Your Account, including Your Fanatics ID, username (if any) and password, and that Fanatics Sportsbook may, but is not obligated to, deny access or block any transaction made through use of Your Account without prior notice if it believes that Your Account is being used by someone other than You, or for any other reason. Fanatics Sportsbook may require You to change Your Fanatics ID, username (if any), password, or may unilaterally change the same. Fanatics Sportsbook recommends that You consider the security of the passwords and Your Fanatics ID, refrain from using the same passwords used to access other sites, change passwords on a frequent basis and use multi-factor authentication.

D. User Account Funds, Withdrawals & Refunds

E. Dormant Accounts

An Account is considered inactive (dormant) if it has not been logged into or has had no activity for a period of three (3) years. Any funds remaining in an inactive Account will be referred to Louisiana State Treasurer, Unclaimed Property Division.

All bonuses and winnings earned from wagering with Bonuses (as defined below) will be forfeited from any Account to which a deposit has not been made within 60 days of establishing such Account.

F. Responsible Player Behavior & Self-Exclusion

Fanatics Sportsbook offers tools to encourage responsible player behavior. Our Platform offers a number of self-imposed gaming limitations, including:

A cool-off period;
Daily, weekly, or monthly deposit limits;
Daily, weekly, or monthly wagering limits;
Daily time limits; and
Self-exclusion program.

Upon a user completing the self-exclusion process (or a user becoming otherwise excluded), the system immediately logs the user out of the Platform and terminates his or her session. Except as may otherwise be required by applicable law, self-exclusion will apply to the Fanatics Sportsbook sports wagering services. Our system automatically reviews a list maintained by Fanatics Sportsbook of the names and other related personal information of persons voluntarily excluded and compares it to Fanatics Sportsbook’s user Accounts. Self-excluded users may not make wagers, collect winnings, or recover losses. Any winnings from a sports wager prior to and after any self-imposed, Casino-imposed, or Fanatics Sportsbook-imposed exclusion will be forfeited. As required by the applicable law or regulation, Fanatics Sportsbook will share information on self-excluded users with applicable gaming regulators through a secure file transfer. Upon self-exclusion, a user will receive a refund of the cash balance in the Account. Our Responsible Gambling page is available here.

G. Disqualification and Cancellation

Fanatics Sportsbook reserves the right to cancel or void any bets, in its sole discretion and in accordance with applicable law. If You have placed a wager on a sporting event and the sporting event is subsequently cancelled, or if Fanatics Sportsbook cancels the wager for reasons other than Your violation of these Terms, engagement in prohibited activities, or any other activity Fanatics Sportsbook reasonably believes is suspicious, Fanatics Sportsbook will credit Your sports wagering Account balance for the amount of the initial wager. In addition, while Fanatics Sportsbook will take reasonable measures to guarantee the accuracy of the wagering information offered on its Platform or bets placed using its Services, Fanatics Sportsbook reserves the right to cancel and void any bets if, in its sole discretion, there is an obvious error with the bet as set forth in the House Rules or any of the Agreements.

Falsifying personal or payment information;
Colluding with any other individual(s) or engaging in any type of syndicate play;
Violating eligible payment method terms;
Using an Account to participate in a game or event on behalf of multiple users or otherwise collaborating with others to participate in a game or event;
Tampering with the administration of the Services or trying to in any way tamper with the computer programs associated with the Services;
Using IP proxying or other methods to disguise Your location or the place of Your residence to circumvent geographical restrictions on sports wagering participation;
Obtaining other users’ information and/or spamming other users;
Abuse of any offers, promotions, or Bonuses;
Abuse of the Services in any way;
Cheating and geolocation tampering; or
Otherwise violating these Terms or any of the other Agreements.

H. Publicity License and Release

I. Placing Bets

When placing a bet, You are responsible for ensuring that all of the details of the bet are correct. Once a bet has been placed, You cannot cancel the bet.

We are not responsible for technical, hardware, network connections, or incomplete or delayed computer transmissions, regardless of cause.

J. Bonuses and Promotions

K. Game Statistics and Live Scoring

L. Game Results & Winnings

M. Location Technologies

To determine Your eligibility to use the Services, Fanatics Sportsbook must determine Your location using one or more reference points, such as GPS, IP address, beacons and/or software within Your personal computer, mobile device, consumer electronics device, or any other equipment. If You have set Your device(s) to disable GPS, Bluetooth, or other location determining software, use connection methods or systems that mask Your location, or do not authorize the Services to access Your location data, the Services may not be able to determine Your location and You will not be able to access the Services. Fanatics Sportsbook reserves the right to suspend or terminate Your Account if You prevent the Services from accurately determining Your location. You consent to the monitoring and recording by Fanatics Sportsbook and/or HRC and/or the Board of any geographic location information. For more information about how the Services collects, uses, and retains Your information, please read the Fanatics Sportsbook’s Privacy Policy.

N. Application License

O. Taxation

For more information on the rules governing Fanatics Sportsbook’s sports wagers, please carefully review the House Rules, which shall be posted on the Platform.

P. Streaming

If You are accessing any video streams of sports games through the Fanatics Sportsbook app (“Bet and Watch”), You further agree to the following:

You will only access Bet and Watch, when in a state where Fanatics Sportsbook is live;
Your access to and use of Bet and Watch will comply with all applicable statutes, regulations, laws, ordinances, subordinate legislation, common law, court orders, judgements, and/or industry codes or standards which are enforceable by law or regulation;
You acknowledge and agree that You will only access and use Bet and Watch for your own person use;
You will not reproduce or distribute any content accessed through Bet and Watch;
You will not provide unauthorized or unlawful access to Bet and Watch or the content accessed through Bet and Watch; and
You acknowledge and agree that all rights to the content accessed through Bet and Watch, including but limited to the intellectual property rights to the streamed content and the media player provided to use Bet and Watch are owned and/or reserved by Bet Genius Sports Media Inc.

3. Offers.

4. Unauthorized Use.

Copying, modifying, displaying, performing, distributing, republishing, or retransmitting any content or material (including, by way of example, images and text), in whole or in part, from/on the Platform or otherwise through the Services without our prior written consent;
Collecting usernames and/or email addresses of users for the purpose of sending unsolicited email;
Using a framing or similar technique without our prior written permission;
Creating or maintaining any link from another website to any page on the Platform without our prior written permission;
Criminal or tortious activity, including fraud, spamming, spimming (spam by instant message), sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
Covering or obscuring the banner advertisements on the Platform, if any, via HTML/CSS or any other means;
Any automated use of any system, such as using scripts to alter content or a “bot” to engage in play;
Interfering with, disrupting, or burdening the Platform or the networks, systems or services connected to the Platform;
Using any automated system or software to extract data from the Platform or from any other user (including "screen scraping") for sale or use by any third party or any commercial purpose other than Your placement of a wager for Your Account;
Attempting to impersonate another user or person;
Using the Account, username, or password of another user or disclosing Your password, as applicable, to any third party or permitting any third party to access Your Account;
Displaying an advertisement, or accepting payment or anything of value from a third person in exchange for Your performing any commercial activity on or through the Platform on behalf of that person, such as placing commercial content on the Platform;
Using the Platform for any harassing, threatening, libelous, abusive, obscene or privacy-invading purposes; or
Using the Services in a manner inconsistent with any applicable law, rule or regulation.

We may remove any unauthorized content, links, etc. without notice.

5. FanCash.

6. Links to Third Party Sites; Advertisers.

7. Privacy Policy.

You have read and acknowledge our collection, use and sharing of Your information, including personal information, as set forth in our Privacy Policy. Our Privacy Policy may be amended by us in our sole discretion at any time with or without prior notice. If we materially change the terms of the Privacy Policy, we may notify You through a notice, an updated Privacy Policy posted on the Platform, or by email (sent to the email address specified in Your Account, if any), prior to or upon the change becoming effective.

8. Property; Intellectual Property.

9. User-Generated Content.

10. No Feedback Accepted.

We do not accept any unsolicited feedback related to the Platform from outside Fanatics Sportsbook including without limitation suggestions about advertising or promotions, or merchandising of any products, additions to our Services, or changes in methods of doing business. We may already be working on or may in the future work on a similar idea. If, notwithstanding this policy, You submit an unsolicited idea to this Platform, You understand and acknowledge that Fanatics Sportsbook has no obligation to acknowledge Your submission, such feedback is not submitted in confidence and we assume no obligation, expressed or implied, by considering it, and no confidential relationship is established between You and Fanatics Sportsbook. By submitting Your feedback or idea, You represent that You are authorized to do so, and Your submission does not include the confidential information, proprietary know-how, trade secrets, or other intellectual property of any other person or party. Fanatics Sportsbook’s use or distribution of Your submission or any portion thereof will not give rise to any claims against Fanatics Sportsbook or its affiliates and will be without compensation to You. You consent to the monitoring and recording by Fanatics Sportsbook and/or HRC and/or the Board of any User Content or other wagering communications information. You hereby grant us an irrevocable, perpetual, world-wide right (including intellectual property right) in the feedback or idea, to be used in any medium now known or hereafter developed, without compensation to You.

11. Termination of Access and/or Account.

12. Termination and Survival.

13. Indemnity.

14. Disclaimer of Warranties.

15. Limitation on Liability.

This provision applies to the fullest extent permissible and is subject to the Severability provision in Section 22 hereto.

16. Third Party Transactions.

17. U.S. Export Controls.

18. Governing Law and Jurisdiction.

To the extent permitted by law, these Terms will be governed by, and interpreted in accordance with, the laws of the State of Louisiana, without regard for its choice of conflict of law principles. Please note that this means that Louisiana law shall apply to these terms and all Services.

For any Claims (defined below) that are not subject to arbitration, if any: (a) the exclusive jurisdiction and venue for proceedings involving Claims shall be Federal or state courts of competent jurisdiction sitting within the State of Louisiana (the "Forum"), and You and we hereby waive any argument that any such court does not have personal jurisdiction or that the Forum is not appropriate or convenient; and (b) You and we waive any and all rights to trial by jury with respect to any such Claims.

19. Arbitration Agreement

A. Initial Dispute Resolution Procedure.

To notify Fanatics Sportsbook that You intend to initiate an informal dispute resolution conference, write to Fanatics Betting & Gaming, 95 Morton Street, New York, NY 10014, ATTN: FBG Legal Department, providing Your name, the telephone number(s) associated with Your Account, the email address(es) associated with Your Account, and a description of Your claim. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition to either party initiating an arbitration claim as provided in Section 19. If the parties do not reach an agreed upon solution within a period of 45 days from the time informal dispute resolution begins, then either party may initiate binding arbitration or file an unresolved complaint with the Gaming Enforcement Division of the Louisiana State Police (“Division”) as the sole means to resolve claims, subject to the terms set forth below. If the dispute is regarding a violation of the rules and regulations, a Patron Dispute Form may be obtained from the Casino and forwarded to the Division.

B. Agreement to Arbitrate.

C. Exceptions to Arbitration.

D. Class Action Waiver.

E. 30-DAY RIGHT TO OPT OUT.

F. Initiating Arbitration.

The arbitration may be conducted via telephone, written submissions or in person in a mutually agreed location. If the parties cannot mutually agree to a location for in person hearings or proceedings, such proceedings shall take place within the State of New York at a location specified by the arbitrator. You are responsible for Your own attorneys' fees unless the arbitration rules and/or applicable law provide otherwise. The parties agree that NAM has discretion to reduce the amount or modify the timing of any administrative or arbitration fees due under NAM’s Rules where it deems appropriate (including as specified in Section 19), provided that such modification does not increase the costs to You, and You further agree that You waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by NAM does not constitute a default, waiver, or breach of this Section 19 while such challenge remains pending before NAM, the arbitrator, and/or a court of competent jurisdiction, and that any and all due dates for those fees shall be tolled during the pendency of such challenge. You and we further agree that an award and any judgment confirming it only apply to the arbitration in which the award was awarded and cannot be used in any other proceeding except to enforce the award itself and any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of Louisiana, or the United States District Court for the Eastern District of Louisiana.

G. Batch Arbitration.

H. Changes to this Section

20. One Year Statute of Limitations.

21. Miscellaneous.

Entire Agreement: These Terms and all Agreements constitute the entire understanding between You and us, and supersede all prior understandings between You and us relating to the subject matter.

22. Contact Information.

Address: FBG Enterprises Opco, LLC.
PO Box 551702

4150 Belfort Rd

Jacksonville, FL. 32216

Terms of Service – Fanatics Sportsbook Maryland

Terms of Service – Fanatics Sportsbook Maryland

To view and/or print a PDF version of these Terms of Service for Fanatics Sportsbook Maryland, please click here.

Last updated as of March 19, 2025.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY.

Welcome to Fanatics Sportsbook! These Terms of Service (“the Terms” or “TOS”) form a binding contract between you (“You” or “user”) and FBG Enterprises Opco, LLC, a Delaware limited liability company, (“Fanatics Sportsbook,” “FBG,” “Fanatics Betting and Gaming,” “we,” “us,” or “our”). These Terms shall govern Your access and use of the Fanatics Sportsbook sports wagering services, including but not limited to its website and mobile application (together, the “Platform”) and Your participation in any promotions, contests, offers and any other transactions or dealings with Fanatics Sportsbook in any way (collectively, including the Platform, the “Services”).

You agree that Your use and access of the Services shall be governed by these Terms, the Fanatics Sportsbook Privacy Policy, the House Rules of Fanatics Sportsbook, the FanCash Program terms, and any other terms, conditions rules or policies that relate to the Services such as promotions (including but not limited to Bonuses defined below), contests, special offers or any other condition on Your use of the Services that we may provide to You (all collectively, the “Agreements”), which are incorporated herein. Your use of the Services is at all times subject to these Agreements, as may be modified by us, and all applicable laws, rules and regulations. Please read these Agreements carefully. If You are dissatisfied with these Agreements or any content or information accessed through the Services, Your sole and exclusive remedy is to discontinue using the Services. You agree that Your continued use or access of the Platform or Services is subject to the Agreements.

You must be physically located in Maryland to place a wager using the Fanatics Sportsbook in Maryland. If You log into the Platform from a state other than Maryland where the Platform is offered, Your activity will be governed by the Fanatics Sportsbook Terms of Service for that state and by logging in, you will agree to such terms. Additionally, You agree that we will transfer Your entire Account (defined below in Section 2(B)) balance to the Fanatics Sportsbook of the other state so that Your funds are available for You to wager while physically present within the other state. The balance transfer will be reflected in Your Account history. If You later login from Maryland or a different state where the Fanatics Sportsbook Platform is offered, You agree that we will transfer Your entire Account balance back to Maryland or the other state.

Table of Contents

D. User Account Funds,Withdrawals, and Refunds

1. Acceptance of Terms of Service.

2. Sports Wagers.

Fanatics Sportsbook is licensed to operate sports wagering in Maryland. The Maryland Lottery and Gaming Control Commission (“MLGCC” or “Commission”) regulates sports wagering operations in the State.

Eligibility for Sports Wagering

When You use the Platform to engage in sports wagering, You are further representing and warranting that all of the following are true:

You are 21 years of age or older;
You are a citizen or legal resident of the United States of America (“U.S.”) and You have an address in the U.S.;
At the time of placing a sports wager, You are physically located in Maryland (or, in the event of Your use of a Fanatics Sportsbook licensed to operate in another state, that You are physically located in that state);
You are not placing a wager as an agent or proxy;
You are not listed on any U.S. Government list of prohibited or restricted parties;
You are not subject to backup withholding tax because: (a) You are exempt from backup withholding, or (b) You have not been notified by the Internal Revenue Service (IRS) that You are subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified You that You are no longer subject to backup withholding;
You do not, by virtue of affiliation with another sports wagering site or otherwise, have access to pre-release non-public confidential data about sports wagering-related information; AND
You are not restricted from placing a wager under Md. Code, State Gov't § 9-1E-11 or the Commission’s regulations. See MD Code Reg 36.10.14.03. In Maryland, an individual may not wager on a sporting event if the individual:
is under the age of 21 years;
is not physically present in the State;
is an athlete on an athletic event governed by the same governing entity under which the athlete competes, a director or an employee of a sports governing entity or any of its member teams;
is the direct or indirect legal or beneficial owner of 10% or more of a sports governing entity or any of its member teams if any member team of that sports governing entity participates in the sporting event;
has access to certain types of exclusive information on any sporting event overseen by that individual's sports governing entity;
holds a position of authority or influence sufficient to exert influence over the participants in a sporting event or is professionally connected to an athletic event or governing entity, including referees, officials, coaches, managers, handlers, and athletic trainers;
is identified on a mandatory or voluntary sports wagering exclusion list maintained by the Commission, or is placing the wager on behalf, or for the benefit, of a person that is prohibited from participating in sports wagering under applicable law or regulation;
is the operator, director, officer, owner, or employee of the sports wagering licensee or online sports wagering operator or any relative of the licensee or operator living in the same household as the licensee or operator;
has access to nonpublic confidential information held by the sports wagering licensee or online sports wagering operator;
is a category of individuals prohibited by the Commission from wagering on a sporting event upon the request of a sports wagering licensee, professional sports team, league, association, governing entity, or institution of higher education; or
encourages or instructs a bettor to structure a wager to circumvent applicable law or regulation.

B. Registration

You must register for an account to use the Services and otherwise participate in sports wagering (an “Account”). The first step in the Account registration process is to create and/or enter Your Fanatics ID by providing Your email and selecting or entering a password. The second step after You create or enter Your Fanatics ID is You will be prompted to further verify your identity and create an Account to place bets. You agree to provide true, accurate, current and complete information (“Verification Data”) about Yourself as prompted and to maintain and promptly update the Verification Data to keep it accurate, current and complete. Verification Data may include a valid mailing address, date of birth, and Social Security number, as well as any other information Fanatics Sportsbook may require to run appropriate identity checks and comply with applicable rules and regulations. If necessary, You may be required to provide appropriate documentation that allows us to verify information about You at any time, including after your Account has been registered. If You provide any information that is inaccurate, not current or incomplete, or Fanatics Sportsbook has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, Fanatics Sportsbook may deny You access to Services, or terminate Your Account, in its sole discretion.

You may only establish, maintain, use and control one (1) Account with Fanatics Sportsbook. An Account can only be owned, maintained, used and controlled by one individual. Users may not “co-own” Accounts on the Services. Accounts are non-transferable and are solely for personal use. If Fanatics Sportsbook believes You have opened, maintained, used or controlled more than one Account or are making illegal or improper use of such Account, in addition to any other rights that Fanatics Sportsbook may have, Fanatics Sportsbook reserves the right, in its sole discretion, to suspend, limit, or terminate any or all of Your Accounts and terminate, withhold or revoke the awarding of any winnings or prizes. In such circumstances, Fanatics Sportsbook may also report such activity to relevant authorities.

C. Account Password and Security

D. User Account Funds,Withdrawals, and Refunds

You may use any method available and accepted by the Platform to deposit money into Your Account which, depending on the state of operation, may include and may not be limited to banks, credit cards, third party electronic payment processors and financial institutions (“Third Party Providers”). In Maryland, you may deposit money into your Account using a credit card. Please remember that Third Party Providers, including financial institutions, may charge fees for such deposits, and deposits made using a credit card may be treated as a cash advance and therefore subject to cash advance fees. You represent and warrant that: (a) You are the legal owner of any money You deposit into or request a withdrawal or refund from Your Account and that such money is not connected and did not originate from any illegal activity or source; (b) all payments to Your Account are authorized and You will not try to reverse a payment or take an action that would cause such payment to be reversed in an effort to avoid any legitimate liability; and (c) You understand and agree that all transactions may be checked for any suspicious activity, including money laundering and that such activity may be reported by us to the appropriate authorities.

By initiating a deposit into or withdrawal or refund from Your Account, You authorize Fanatics Sportsbook to instruct Third Party Providers (such as Your bank or card issuer) to handle deposits and withdrawals from Your Account and agree that Fanatics Sportsbook may provide such Third Party Providers Your personal information as needed to complete the transaction.

You agree that we are not legally responsible for any acts or omissions of any Third Party Providers in processing Your deposit, withdrawal or refund and You further agree to be obligated by the terms and conditions of use of each applicable Third Party Provider. If there is a disagreement between these Terms and the terms and conditions of any Third Party Provider, these Terms prevail. Fanatics Sportsbook is not responsible for any fees charged to You by Third Party Providers related to Your deposits, withdrawals or refunds.

To protect your funds, FBG implements a number of security checks before any withdrawal or refund request is processed. FBG reserves the right to withhold any withdrawal or refund until these checks have been completed. There may be some delays if a withdrawal or refund is requested outside of business hours. We generally expect withdrawals or refunds to be processed within twenty-four (24) hours, however they may take up to five (5) working days.

You have the right to review all your gaming activity under "Transaction History," which details a user's deposit, withdrawal, refund, betting activity, and Responsible Gambling limits for the past twenty-four (24) months.

E. Dormant Accounts

If Your Account remains inactive for the amount of time specified by applicable state law, which for Maryland is 3 years, it will be considered abandoned. Once an Account is abandoned, Fanatics Sportsbook may be required by state law to remit the abandoned funds to the appropriate state agency as unclaimed property. Fanatics Sportsbook may also charge additional fees associated with the delivery of abandoned funds to the applicable state agency.

All bonuses and winnings earned from wagering with Bonuses (as defined below) will be forfeited from any Account to which a deposit has not been made within 60 days of establishing such Account.

F. Responsible Player Behavior & Self-Exclusion

Fanatics Sportsbook offers tools to encourage responsible player behavior. Our Platform offers a number of self-imposed gaming limitations, including:

A cool-off period;
Daily, weekly, or monthly deposit limits;
Daily, weekly, or monthly wagering limits;
Daily time limits; and
Self-exclusion program.

G. Disqualification and Cancellation

Falsifying personal or payment information;
Colluding with any other individual(s) or engaging in any type of syndicate play;
Violating eligible payment method terms;
Using an Account to participate in a game or event on behalf of multiple users or otherwise collaborating with others to participate in a game or event;
Tampering with the administration of the Services or trying to in any way tamper with the computer programs associated with the Services;
Using IP proxying or other methods to disguise Your location or the place of Your residence to circumvent geographical restrictions on sports wagering participation;
Obtaining other users’ information and/or spamming other users;
Abuse of any offers, promotions, or Bonuses;
Abuse of the Services in any way; or
Otherwise violating these Terms or any of the other Agreements.

H. Publicity License and Release

I. Placing Bets

When placing a bet, You are responsible for ensuring that all of the details of the bet are correct. Once a bet has been placed, You cannot cancel the bet.

We are not responsible for technical, hardware, network connections, or incomplete or delayed computer transmissions, regardless of cause.

J. Bonuses and Promotions

K. Game Statistics and Live Scoring

L. Game Results & Winnings

M. Location Technologies

To determine Your eligibility to use the Services, Fanatics Sportsbook must determine Your location using one or more reference points, such as GPS, IP address, beacons and/or software within Your personal computer, mobile device, consumer electronics device, or any other equipment. If You have set Your device(s) to disable GPS, Bluetooth, or other location determining software, use connection methods or systems that mask Your location, or do not authorize the Services to access Your location data, the Services may not be able to determine Your location and You will not be able to access the Services. Fanatics Sportsbook reserves the right to suspend or terminate Your Account if You prevent the Services from accurately determining Your location. For more information about how the Services collects, uses, and retains Your information, please read the Fanatics Sportsbook’s Privacy Policy.

N. Application License

O. Taxation

For more information on the rules governing Fanatics Sportsbook’s sports wagers, please carefully review the House Rules, which shall be posted on the Platform.

P. Streaming

If You are accessing any video streams of sports games through the Fanatics Sportsbook app (“Bet and Watch”), You further agree to the following:

You will only access Bet and Watch, when in a state where Fanatics Sportsbook is live;
Your access to and use of Bet and Watch will comply with all applicable statutes, regulations, laws, ordinances, subordinate legislation, common law, court orders, judgements, and/or industry codes or standards which are enforceable by law or a regulatory;
You acknowledge and agree that You will only access and use Bet and Watch for your own person use;
You will not reproduce or distribute any content accessed through Bet and Watch;
You will not provide unauthorized or unlawful access to Bet and Watch or the content accessed through Bet and Watch; and
You acknowledge and agree that all rights to the content accessed through Bet and Watch, including but limited to the intellectual property rights to the streamed content and the media player provided to use Bet and Watch are owned and/or reserved by Bet Genius Sports Media Inc.

3. Offers.

4. Unauthorized Use.

Copying, modifying, displaying, performing, distributing, republishing, or retransmitting any content or material (including, by way of example, images and text), in whole or in part, from/on the Platform or otherwise through the Services without our prior written consent;
Collecting usernames and/or email addresses of users for the purpose of sending unsolicited email;
Using a framing or similar technique without our prior written permission;
Creating or maintaining any link from another website to any page on the Platform without our prior written permission;
Criminal or tortious activity, including fraud, spamming, spimming (spam by instant message), sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
Covering or obscuring the banner advertisements on the Platform, if any, via HTML/CSS or any other means;
Any automated use of any system, such as using scripts to alter content or a “bot” to engage in play;
Interfering with, disrupting, or burdening the Platform or the networks, systems or services connected to the Platform;
Using any automated system or software to extract data from the Platform or from any other user (including "screen scraping") for sale or use by any third party or any commercial purpose other than Your placement of a wager for Your Account;
Attempting to impersonate another user or person;
Using the Account, username, or password of another user or disclosing Your password, as applicable, to any third party or permitting any third party to access Your Account;
Displaying an advertisement, or accepting payment or anything of value from a third person in exchange for Your performing any commercial activity on or through the Platform on behalf of that person, such as placing commercial content on the Platform;
Using the Platform for any harassing, threatening, libelous, abusive, obscene or privacy-invading purposes;
Using the Services in a manner inconsistent with any applicable law, rule or regulation.

We may remove any unauthorized content, links, etc. without notice.

5. FanCash.

Fanatics Sportsbook may at times offer FanCash or other, similar programs. Where offered, FanCash benefits shall be subject to the applicable FanCash Program Terms. We reserve the right to discontinue FanCash Program or modify the terms applicable to FanCash Program at any time.

6. Links to Third Party Sites; Advertisers.

7. Privacy Policy.

You have read and acknowledge our collection, use and sharing of Your information, including personal information, as set forth in our Privacy Policy.

8. Property; Intellectual Property.

9. User-Generated Content.

10. No Feedback Accepted.

We do not accept any unsolicited feedback related to the Platform from outside Fanatics Sportsbook including without limitation suggestions about advertising or promotions, or merchandising of any products, additions to our Services, or changes in methods of doing business. We may already be working on or may in the future work on a similar idea. If, notwithstanding this policy, You submit an unsolicited idea to this Platform, You understand and acknowledge that Fanatics Sportsbook has no obligation to acknowledge Your submission, such feedback is not submitted in confidence and we assume no obligation, expressed or implied, by considering it, and no confidential relationship is established between You and Fanatics Sportsbook. By submitting Your feedback or idea, You represent that You are authorized to do so, and Your submission does not include the confidential information, proprietary know-how, trade secrets, or other intellectual property of any other person or party. Fanatics Sportsbook’s use or distribution of Your submission or any portion thereof will not give rise to any claims against Fanatics Sportsbook or its affiliates and will be without compensation to You. You hereby grant us an irrevocable, perpetual, world-wide right (including intellectual property right) in the feedback or idea, to be used in any medium now known or hereafter developed, without compensation to You.

11. Termination of Access and/or Account.

12. Termination and Survival.

13. Indemnity.

14. Disclaimer of Warranties.

15. Limitation on Liability.

This provision applies to the fullest extent permissible and is subject to the Severability provision in Section 22 hereto.

16. Third Party Transactions.

17. U.S. Export Controls.

18. Governing Law and Jurisdiction.

To the extent permitted by law, these Terms will be governed by, and interpreted in accordance with, the laws of the State of Maryland, without regard for its choice of conflict of law principles. Please note that this means that Maryland law shall apply to these terms and all Services.

For any Claims (defined below) that are not subject to arbitration, if any: (a) the exclusive jurisdiction and venue for proceedings involving Claims shall be Federal or State courts of competent jurisdiction sitting within the State of Maryland (the "Forum"), and You and we hereby waive any argument that any such court does not have personal jurisdiction or that the Forum is not appropriate or convenient; and (b) You and we waive any and all rights to trial by jury with respect to any such Claims.

19. Arbitration Agreement

A. Initial Dispute Resolution Procedure.

B. Agreement to Arbitrate.

C. Exceptions to Arbitration.

D. Class Action Waiver.

YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO SUE OR GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS CONTRACT. YOU AND WE ALSO AGREE THAT (A) ANY CLAIMS WILL BE RESOLVED INDIVIDUALLY AND FOR YOUR LOSSES ONLY AND NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE, MEMBER OF OTHERWISE ON BEHALF OF OTHERS IN ANY PROPOSED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING AND NOT THROUGH ANY CLASS ACTION, (B) IF A CLAIM PROCEEDS IN COURT ANYWAY, WE BOTH WAIVE ANY RIGHT TO A JURY TRIAL; AND (C) EITHER YOU OR WE MAY SEEK A COURT INJUNCTION OR OTHER EQUITABLE RELIEF REGARDING INTELLECTUAL PROPERTY INFRINGEMENT. ARBITRATION DOES NOT INVOLVE A JUDGE OR JURY.

E. 30-DAY RIGHT TO OPT OUT.

F. Initiating Arbitration.

Following the conclusion of the initial dispute resolution process required by this Section, You may seek arbitration of a Claim by contacting our registered agent whose information is available at https://egov.maryland.gov/BusinessExpress/EntitySearch/Business, attn: FBG Enterprises Opco, LLC, with a copy to Fanatics Betting and Gaming, 95 Morton Street, New York, NY 10014, Attn: FBG Legal Department. By signing the demand for arbitration, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that (i) the demand for arbitration is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (ii) the claims and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (iii) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. The Arbitrator shall be authorized to afford any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or any applicable state law for either party’s violation of this requirement.

The arbitration may be conducted via telephone, written submissions or in person in a mutually agreed location. If the parties cannot mutually agree to a location for in person hearings or proceedings, such proceedings shall take place within the State of New York at a location specified by the arbitrator. You are responsible for Your own attorneys' fees unless the arbitration rules and/or applicable law provide otherwise. The parties agree that NAM has discretion to reduce the amount or modify the timing of any administrative or arbitration fees due under NAM’s Rules where it deems appropriate (including as specified in Section 19), provided that such modification does not increase the costs to You, and You further agree that You waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by NAM does not constitute a default, waiver, or breach of this Section 19 while such challenge remains pending before NAM, the arbitrator, and/or a court of competent jurisdiction, and that any and all due dates for those fees shall be tolled during the pendency of such challenge. You and we further agree that an award and any judgment confirming it only apply to the arbitration in which the award was awarded and cannot be used in any other proceeding except to enforce the award itself and any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of Maryland, or the United States District Courts for the District of Maryland.

G. Batch Arbitration.

H. Changes to this Section

20. One Year Statute of Limitations.

To the extent permitted by law, You and Fanatics Sportsbook agree that any Claims or lawsuits, regardless of form, arising out of or related to the Services or the Agreements must BE FILED within ONE (1) YEAR of the action, omission, event, or occurrence giving rise to the claim or suit, after which such claims will be time-barred and prohibited, without regard to any longer period of time which may be provided by any period of limitation or repose by law or statute.

21. Miscellaneous.

Force Majeure: The failure of Fanatics Sportsbook to comply with any provision of these Terms due to circumstances beyond its control including but not limited to an act of God, hurricane, war, fire, riot, earthquake, weather, pandemic or endemic, terrorism, act of public enemies, strikes, labor shortage, actions of governmental authorities or other force majeure event will not be considered a breach of these Terms, and Fanatics Sportsbook’s performance obligations, if any, shall be delayed until such time as performance becomes reasonably practicable and if performance is no longer possible, this shall not be considered a breach of these Terms.

Entire Agreement: These Terms and all Agreements constitute the entire understanding between You and us, and supersede all prior understandings between You and us relating to the subject matter.

22. Contact Information.

If You experience any problems or have any inquiries or concerns, please contact us. For customer service inquires, you can reach us at the following address, or by utilizing the “Chat” function, which is available through the Platform:

Address: FBG Enterprises Opco, LLC.
PO Box 551702

4150 Belfort Rd

Jacksonville, FL. 32216

Telephone Number: 800-254-0320

Terms of Service – Fanatics Sportsbook Massachusetts

Terms of Service – Fanatics Sportsbook Massachusetts

To view and/or print a PDF version of these Terms of Service for Fanatics Sportsbook Massachusetts, please click here.

Last updated as of March 19, 2025.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY.

Welcome to Fanatics Sportsbook! These Terms of Service (“the Terms” or “TOS”) form a binding contract between you (“You” or “user”) and FBG Enterprises Opco, LLC, a Delaware limited liability company, (“Fanatics Sportsbook,” “FBG,” “Fanatics Betting and Gaming,” “we,” “us,” or “our”). These Terms shall govern Your access and use of the Fanatics Sportsbook sports wagering services, including but not limited to its website and mobile application (together, the “Platform”) and Your participation in any promotions, contests, offers and any other transactions or dealings with Fanatics Sportsbook in any way (collectively, including the Platform, the “Services”).

You agree that Your use and access of the Services shall be governed by these Terms, the Fanatics Sportsbook Privacy Policy, the House Rules of Fanatics Sportsbook, the FanCash Program terms, and any other terms, conditions rules or policies that relate to the Services such as promotions (including but not limited to Bonuses defined below), contests, special offers or any other condition on Your use of the Services that we may provide to You (all collectively, the “Agreements”), which are incorporated herein. Your use of the Services is at all times subject to these Agreements, as may be modified by us, and all applicable laws, rules and regulations. Please read these Agreements carefully. If You are dissatisfied with these Agreements or any content or information accessed through the Services, Your sole and exclusive remedy is to discontinue using the Services. You agree that Your continued use or access of the Platform or Services is subject to the Agreements.

You must be physically located in Massachusetts to place a wager using the Fanatics Sportsbook in Massachusetts. If You log into the Platform from a state other than Massachusetts where the Platform is offered, Your activity will be governed by the Fanatics Sportsbook Terms of Service for that state and by logging in, you will agree to such terms. Additionally, You agree that we will transfer Your entire Account (defined below in Section 2(B)) balance to the Fanatics Sportsbook of the other state so that Your funds are available for You to wager while physically present within the other state. The balance transfer will be reflected in Your Account history. If You later login from Massachusetts or a different state where the Fanatics Sportsbook Platform is offered, You agree that we will transfer Your entire Account balance back to Massachusetts or the other state.

Table of Contents

D. User Account Funds,Withdrawals, and Refunds

1. Acceptance of Terms of Service.

2. Sports Wagers.

Fanatics Sportsbook is licensed and regulated by the Massachusetts Gaming Commission (“Commission”), Fanatics Sportsbook offers online and retail sports wagering in Massachusetts pursuant to a Temporary Category 3 License issued by the Commission.

Eligibility for Sports Wagering

When You use the Platform to engage in sports wagering, You are further representing and warranting that all of the following are true:

You are 21 years of age or older;
You are a citizen or legal resident of the United States of America (“U.S.”) and You have an address in the U.S.;
At the time of placing a sports wager, You are physically located in Massachusetts (or, in the event of Your use of a Fanatics Sportsbook licensed to operate in another state, that You are physically located in that state);
You are not placing a wager as an agent or proxy;
You are not listed on any U.S. Government list of prohibited or restricted parties;
You are not subject to backup withholding tax because: (a) You are exempt from backup withholding, or (b) You have not been notified by the Internal Revenue Service (IRS) that You are subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified You that You are no longer subject to backup withholding;
You do not, by virtue of affiliation with another sports wagering site or otherwise, have access to pre-release non-public confidential data about sports wagering-related information; AND
You are not prohibited from wagering under Mass. General Laws c.23N §§ 11 or 13. Under those sections, the following persons are prohibited:
Fanatics Sportsbook directors, officers, owners and employees and any relative living in the same household as any such person;
Athletes, coaches, referees, team owners, employees of a sports governing body or its member teams and player and referee union personnel (with respect to wagering on any sporting event of their sports governing body);
Any individual with access to nonpublic confidential information held by Fanatics Sportsbook;
Persons placing wagers as agents or proxies for others;
Individuals under 21 years of age; and
Patrons on the exclusion list.

B. Registration

You must register for an account to use the Services and otherwise participate in sports wagering (an “Account”). The first step in the Account registration process is to create and/or enter Your Fanatics ID by providing Your email and selecting or entering a password. The second step after You create or enter Your Fanatics ID is You will be prompted to further verify your identity and create an Account to place bets. You agree to provide true, accurate, current and complete information (“Verification Data”) about Yourself as prompted and to maintain and promptly update the Verification Data to keep it accurate, current and complete. Verification Data may include a valid mailing address, date of birth, and Social Security number, as well as any other information Fanatics Sportsbook may require to run appropriate identity checks and comply with applicable rules and regulations. If necessary, You may be required to provide appropriate documentation that allows us to verify information about You at any time, including after your Account has been registered. If You provide any information that is inaccurate, not current or incomplete, or Fanatics Sportsbook has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, Fanatics Sportsbook may deny You access to Services, or terminate Your Account, in its sole discretion.

You may only establish, maintain, use and control one (1) Account with Fanatics Sportsbook. An Account can only be owned, maintained, used and controlled by one individual. Users may not “co-own” Accounts on the Services. Accounts are non-transferable and are solely for personal use. If Fanatics Sportsbook believes You have opened, maintained, used or controlled more than one Account or are making illegal or improper use of such Account, in addition to any other rights that Fanatics Sportsbook may have, Fanatics Sportsbook reserves the right, in its sole discretion, to suspend, limit, or terminate any or all of Your Accounts and terminate, withhold or revoke the awarding of any winnings or prizes. In such circumstances, Fanatics Sportsbook may also report such activity to relevant authorities.

C. Account Password and Security

D. User Account Funds,Withdrawals, and Refunds

By initiating a deposit into or withdrawal or refund from Your Account, You authorize Fanatics Sportsbook to instruct Third Party Providers (such as Your bank or card issuer) to handle deposits, withdrawals or refunds from Your Account and agree that Fanatics Sportsbook may provide such Third Party Providers Your personal information as needed to complete the transaction.

You agree that we are not legally responsible for any acts or omissions of any Third Party Providers in processing Your deposit,withdrawal or withdrawal and You further agree to be obligated by the terms and conditions of use of each applicable Third Party Provider. If there is a disagreement between these Terms and the terms and conditions of any Third Party Provider, these Terms prevail. Fanatics Sportsbook is not responsible for any fees charged to You by Third Party Providers related to Your deposits, withdrawals or refunds.

E. Dormant Accounts

If Your Account remains inactive for the amount of time specified by applicable state law, which for Massachusetts is 3 years, it will be considered abandoned. Once an Account is abandoned, Fanatics Sportsbook may be required by applicable law to remit the abandoned funds to the appropriate government agency as unclaimed property. Fanatics Sportsbook may also charge additional fees associated with the delivery of abandoned funds to the applicable government agency.

All bonuses and winnings earned from wagering with Bonuses (as defined below) will be forfeited from any Account to which a deposit has not been made within 60 days of establishing such Account.

F. Responsible Player Behavior & Self-Exclusion

Fanatics Sportsbook offers tools to encourage responsible player behavior. Our Platform offers a number of self-imposed gaming limitations, including:

A cool-off period;
Daily, weekly, or monthly deposit limits;
Daily, weekly, or monthly wagering limits;
Daily time limits; and
Self-exclusion program.

Upon a user completing the self-exclusion process (or a user becoming otherwise excluded), the system immediately logs the user out of the Platform and terminates his or her session. Except as may otherwise be required by applicable law, self-exclusion will apply to the Fanatics Sportsbook sports wagering services. Our system automatically reviews a list maintained by Fanatics Sportsbook of the names and other related personal information of persons voluntarily excluded and compares it to Fanatics Sportsbook’s user Accounts. Self-excluded users may not make wagers, collect winnings, or recover losses. As required by the applicable law or regulation, Fanatics Sportsbook will share information on self-excluded users with applicable gaming regulators through a secure file transfer. Upon self-exclusion, a user will receive a refund of the cash balance in the Account. If You have a pending sports wager on an event that has not yet begun and then choose to self-exclude, Your wager will be canceled, and Your funds will be returned via the deposit method that was originally used. If You have a pending sports wager on an event that has not yet begun and then choose to self-exclude, Your wager will be canceled, and Your funds will be returned via the deposit method that was originally used. Our Responsible Gambling page is available here.

G. Disqualification and Cancellation

Falsifying personal or payment information;
Colluding with any other individual(s) or engaging in any type of syndicate play;
Violating eligible payment method terms;
Using an Account to participate in a game or event on behalf of multiple users or otherwise collaborating with others to participate in a game or event;
Tampering with the administration of the Services or trying to in any way tamper with the computer programs associated with the Services;
Using IP proxying or other methods to disguise Your location or the place of Your residence to circumvent geographical restrictions on sports wagering participation;
Obtaining other users’ information and/or spamming other users;
Abuse of any offers, promotions, or Bonuses;
Abuse of the Services in any way; or
Otherwise violating these Terms or any of the other Agreements.

H. Publicity License and Release

I. Placing Bets

When placing a bet, You are responsible for ensuring that all of the details of the bet are correct. Once a bet has been placed, You cannot cancel the bet.

We are not responsible for technical, hardware, network connections, or incomplete or delayed computer transmissions, regardless of cause.

J. Bonuses and Promotions

K. Game Statistics and Live Scoring

L. Game Results & Winnings

M. Location Technologies

To determine Your eligibility to use the Services, Fanatics Sportsbook must determine Your location using one or more reference points, such as GPS, IP address, beacons and/or software within Your personal computer, mobile device, consumer electronics device, or any other equipment. If You have set Your device(s) to disable GPS, Bluetooth, or other location determining software, use connection methods or systems that mask Your location, or do not authorize the Services to access Your location data, the Services may not be able to determine Your location and You will not be able to access the Services. Fanatics Sportsbook reserves the right to suspend or terminate Your Account if You prevent the Services from accurately determining Your location. For more information about how the Services collects, uses, and retains Your information, please read the Fanatics Sportsbook’s Privacy Policy.

N. Application License

O. Taxation

For more information on the rules governing Fanatics Sportsbook’s sports wagers, please carefully review the House Rules, which shall be posted on the Platform.

P. Streaming

If You are accessing any video streams of sports games through the Fanatics Sportsbook app (“Bet and Watch”), You further agree to the following:

You will only access Bet and Watch, when in a state where Fanatics Sportsbook is live;
Your access to and use of Bet and Watch will comply with all applicable statutes, regulations, laws, ordinances, subordinate legislation, common law, court orders, judgements, and/or industry codes or standards which are enforceable by law or a regulatory;
You acknowledge and agree that You will only access and use Bet and Watch for your own person use;
You will not reproduce or distribute any content accessed through Bet and Watch;
You will not provide unauthorized or unlawful access to Bet and Watch or the content accessed through Bet and Watch; and
You acknowledge and agree that all rights to the content accessed through Bet and Watch, including but limited to the intellectual property rights to the streamed content and the media player provided to use Bet and Watch are owned and/or reserved by Bet Genius Sports Media Inc.

3. Offers.

4. Unauthorized Use.

Copying, modifying, displaying, performing, distributing, republishing, or retransmitting any content or material (including, by way of example, images and text), in whole or in part, from/on the Platform or otherwise through the Services without our prior written consent;
Collecting usernames and/or email addresses of users for the purpose of sending unsolicited email;
Using a framing or similar technique without our prior written permission;
Creating or maintaining any link from another website to any page on the Platform without our prior written permission;
Criminal or tortious activity, including fraud, spamming, spimming (spam by instant message), sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
Covering or obscuring the banner advertisements on the Platform, if any, via HTML/CSS or any other means;
Any automated use of any system, such as using scripts to alter content or a “bot” to engage in play;
Interfering with, disrupting, or burdening the Platform or the networks, systems or services connected to the Platform;
Using any automated system or software to extract data from the Platform or from any other user (including "screen scraping") for sale or use by any third party or any commercial purpose other than Your placement of a wager for Your Account;
Attempting to impersonate another user or person;
Using the Account, username, or password of another user or disclosing Your password, as applicable, to any third party or permitting any third party to access Your Account;
Displaying an advertisement, or accepting payment or anything of value from a third person in exchange for Your performing any commercial activity on or through the Platform on behalf of that person, such as placing commercial content on the Platform;
Using the Platform for any harassing, threatening, libelous, abusive, obscene or privacy-invading purposes;
Using the Services in a manner inconsistent with any applicable law, rule or regulation.

We may remove any unauthorized content, links, etc. without notice.

5. FanCash.

Fanatics Sportsbook may at times offer FanCash or other, similar programs. Where offered, FanCash benefits shall be subject to the applicable FanCash Program Terms. We reserve the right to discontinue FanCash Program or modify the terms applicable to FanCash Program at any time.

6. Links to Third Party Sites; Advertisers.

7. Privacy Policy.

You have read and acknowledge our collection, use and sharing of Your information, including personal information, as set forth in our Privacy Policy.

8. Property; Intellectual Property.

9. User-Generated Content.

10. No Feedback Accepted.

We do not accept any unsolicited feedback related to the Platform from outside Fanatics Sportsbook including without limitation suggestions about advertising or promotions, or merchandising of any products, additions to our Services, or changes in methods of doing business. We may already be working on or may in the future work on a similar idea. If, notwithstanding this policy, You submit an unsolicited idea to this Platform, You understand and acknowledge that Fanatics Sportsbook has no obligation to acknowledge Your submission, such feedback is not submitted in confidence and we assume no obligation, expressed or implied, by considering it, and no confidential relationship is established between You and Fanatics Sportsbook. By submitting Your feedback or idea, You represent that You are authorized to do so, and Your submission does not include the confidential information, proprietary know-how, trade secrets, or other intellectual property of any other person or party. Fanatics Sportsbook’s use or distribution of Your submission or any portion thereof will not give rise to any claims against Fanatics Sportsbook or its affiliates and will be without compensation to You. You hereby grant us an irrevocable, perpetual, world-wide right (including intellectual property right) in the feedback or idea, to be used in any medium now known or hereafter developed, without compensation to You.

11. Termination of Access and/or Account.

12. Termination and Survival.

13. Indemnity.

14. Disclaimer of Warranties.

15. Limitation on Liability.

This provision applies to the fullest extent permissible and is subject to the Severability provision in Section 22 hereto.

16. Third Party Transactions.

17. U.S. Export Controls.

18. Governing Law and Jurisdiction.

To the extent permitted by law, these Terms will be governed by, and interpreted in accordance with, the laws of the Commonwealth of Massachusetts, without regard for its choice of conflict of law principles. Please note that this means that Massachusetts law shall apply to these terms and all Services.

For any Claims (defined below) that are not subject to arbitration, if any: (a) the exclusive jurisdiction and venue for proceedings involving Claims shall be Federal or State courts of competent jurisdiction sitting within the Commonwealth of Massachusetts (the "Forum"), and You and we 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 we waive any and all rights to trial by jury with respect to any such Claims.

19. Arbitration Agreement

A. Initial Dispute Resolution Procedure.

B. Agreement to Arbitrate.

C. Exceptions to Arbitration.

D. Class Action Waiver.

YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO SUE OR GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS CONTRACT. YOU AND WE ALSO AGREE THAT (A) ANY CLAIMS WILL BE RESOLVED INDIVIDUALLY AND ONLY FOR YOUR LOSSES ONLY AND NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE, MEMBER OF OTHERWISE ON BEHALF OF OTHERS IN ANY PROPOSED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING AND NOT THROUGH ANY CLASS ACTION, (B) IF A CLAIM PROCEEDS IN COURT ANYWAY, WE BOTH WAIVE ANY RIGHT TO A JURY TRIAL; AND (C) EITHER YOU OR WE MAY SEEK A COURT INJUNCTION OR OTHER EQUITABLE RELIEF REGARDING INTELLECTUAL PROPERTY INFRINGEMENT. ARBITRATION DOES NOT INVOLVE A JUDGE OR JURY.

E. 30-DAY RIGHT TO OPT OUT.

F. Initiating Arbitration.

Following the conclusion of the initial dispute resolution process required by this Section, You may seek arbitration of a Claim by contacting our registered agent whose information is available at https://corp.sec.state.ma.us/CorpWeb/CorpSearch/CorpSearchResults.aspx, attn: FBG Enterprises Opco, LLC, with a copy to Fanatics Betting and Gaming, 95 Morton Street, New York, NY 10014, Attn: FBG Legal Department. By signing the demand for arbitration, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that (i) the demand for arbitration is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (ii) the claims and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (iii) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. The Arbitrator shall be authorized to afford any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or any applicable state law for either party’s violation of this requirement.

The arbitration may be conducted via telephone, written submissions or in person in a mutually agreed location. If the parties cannot mutually agree to a location for in person hearings or proceedings, such proceedings shall take place within the State of New York at a location specified by the arbitrator. You are responsible for Your own attorneys' fees unless the arbitration rules and/or applicable law provide otherwise. The parties agree that NAM has discretion to reduce the amount or modify the timing of any administrative or arbitration fees due under NAM’s Rules where it deems appropriate (including as specified in Section 19), provided that such modification does not increase the costs to You, and You further agree that You waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by NAM does not constitute a default, waiver, or breach of this Section 19 while such challenge remains pending before NAM, the arbitrator, and/or a court of competent jurisdiction, and that any and all due dates for those fees shall be tolled during the pendency of such challenge. You and we further agree that an award and any judgment confirming it only apply to the arbitration in which the award was awarded and cannot be used in any other proceeding except to enforce the award itself and any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the Commonwealth of Massachusetts, or the United States District Court of Massachusetts.

G. Batch Arbitration.

H. Changes to this Section

20. One Year Statute of Limitations.

21. Miscellaneous.

Rules of Construction: The section titles in these Terms are for convenience only and have no legal or contractual effect. The terms “include,” “includes,” or “including” mean “including without limitation.” Unless context requires otherwise, “or” will be constructed in the inclusive sense (“and/or”). To the extent that any provision of these Terms requires or is subject to Fanatics Sportsbook’s approval or consent, Fanatics Sportsbook shall be entitled to provide or withheld such approval or consent in its sole discretion.

Entire Agreement: These Terms and all Agreements constitute the entire understanding between You and us, and supersede all prior understandings between You and us relating to the subject matter.

22. Contact Information.

Address: FBG Enterprises Opco, LLC.
PO Box 551702

4150 Belfort Rd

Jacksonville, FL. 32216

Telephone Number: 800-254-0320

Terms of Service – Fanatics Sportsbook & Casino Michigan

Terms of Service – Fanatics Sportsbook & Casino Michigan

To view and/or print a PDF version of these Terms of Service for Fanatics Sportsbook & Casino Michigan, please click here.

Last updated as of June 9, 2025.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY.

Welcome to Fanatics Sportsbook and Casino! These Terms of Service (“the Terms” or “TOS”) form a binding contract between you (“You” or “user”) and FBG Enterprises Opco, LLC, a Delaware limited liability company, and its respective holding, subsidiary and affiliated entities, (collectively, “FBG,” “Fanatics Betting and Gaming,” “Fanatics,” “we,” “us,” or “our”). These Terms shall govern Your access and use of our internet gaming and sports betting services, including but not limited to our website and mobile application (together, the “Platform”) and Your participation in any promotions, contests, offers and any other transactions or dealings with us in any way (collectively, including the Platform, the “Services”).

You agree that Your use and access of the Services shall be governed by these Terms, the Fanatics Sportsbook Privacy Policy, the House Rules of Fanatics Sportsbook and the applicable rules for the games offered on Fanatics Casino (“Game Rules”), the FanCash Program Terms, and any other terms, conditions rules or policies that relate to the Services such as promotions (including but not limited to Bonuses defined below), contests, special offers or any other condition on Your use of the Services that we may provide to You (all collectively, the “Agreements”), which are incorporated herein. Your use of the Services is always subject to these Agreements, as may be modified by us, and all applicable laws, rules and regulations. Please read these Agreements carefully. If You are dissatisfied with these Agreements or any content or information accessed through the Services, Your sole and exclusive remedy is to discontinue using the Services. You agree that Your continued use or access of the Platform or Services is subject to the Agreements.

You must be physically located in Michigan to place a wager using the Platform in Michigan. If You subsequently log into the Platform from a state other than Michigan where the Platform is offered, Your activity will be governed by the Terms of Service for that state and by logging in, you will agree to such terms. Additionally, You agree that we will transfer Your entire Account (defined below in Section 2(B)) balance to the Platform of the other state so that Your funds are available for You to wager while physically present within the other state. The balance transfer will be reflected in Your Account history. If You later login from Michigan or a different state where the Platform is offered, You agree that we will transfer Your entire Account balance back to Michigan or the other state.

Table of Contents

2. Internet Gaming & Sports Wagers.

A. Eligibility

D. User Account Funds, Withdrawals, and Refunds

FBG shall consider a patron Account to be dormant if You have not logged into the Your Account for at least 3 years. FBG will close a dormant Account. Any balance remaining in a dormant Account will be refunded or escheated in accordance with FBG’s internal controls.

K. Game Statistics and Live Scoring (Sports Betting)

L. Game Results & Winnings (Sports Betting)

17. Third Party Game Providers.

18. U.S. Export Controls.

19. Governing Law and Jurisdiction.

20. Arbitration Agreement

21. One Year Statute of Limitations.

22. General Fanatics Casino Terms.

23. Miscellaneous.

24. Contact Information.

1. Acceptance of Terms of Service.

By accessing and using the Services, You agree that You have read, understand and agree to be legally bound by these Terms. Subject to Section 20 below, these Terms may be amended by us in our sole discretion at any time with or without prior notice. If we materially change the Terms, we may notify You through a notice, updated Terms, postings on the Platform or by email (sent to the email address specified in Your Account, if any), prior to or upon the change becoming effective. Accordingly, when You access or use the Services, You should check the date of the Terms and be aware of any changes since the last version. The most current version of these Terms will be posted on the Platform. Your continued use of the Services following the posting of any changes to these Terms means that You accept such changes. Your access to and use of the Services will be governed by the Terms in effect at the time of such access or use.

2. Internet Gaming & Sports Wagers.

FBG is licensed and regulated by the Michigan Gaming Control Board (“Board”). The Platform is offered in Michigan under the license held by FBGand under an agreement with the Lac Vieux Desert Band of Lake Superior Chippewa, pursuant to the oversight, regulatory requirements, and licensing of the Board. The use of the Platform and Services are subject to all applicable Michigan state and United States federal laws and regulations.

A. Eligibility

Our Services that offer the ability to participate in internet gaming and sports betting, are open only to eligible users. You must be at least twenty-one (21) years of age to open an Account with FBG.

When You use the Platform to engage in internet gaming or sports betting, You are further representing and warranting that all of the following are true:

You are 21 years of age or older;
You are a citizen or legal resident of the United States of America (“U.S.”) and You have an address in the U.S.;
At the time of placing a wager, You are physically located in Michigan or another jurisdiction authorized under a multijurisdictional internet gaming agreement entered into in accordance with Michigan law (or, in the event of Your use of a Fanatics Sportsbook or Fanatics Casino product licensed to operate in another state, that You are physically located in that state);
You are not placing a wager, logging into an Account, or depositing or withdrawing funds as an agent or proxy;
You are not listed on any U.S. Government list of prohibited or restricted parties;
You are not subject to backup withholding tax because: (a) You are exempt from backup withholding, or (b) You have not been notified by the Internal Revenue Service (IRS) that You are subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified You that You are no longer subject to backup withholding;
Specific to sports betting, You do not, by virtue of affiliation with another sports betting site or otherwise, have access to pre-release non-public confidential data about sports betting-related information; AND
You are not a person prohibited from participating in interactive and/or sports betting under Michigan law or regulation, which includes the following:
Any excluded person, including any voluntarily-excluded person;
An individual who is under the age of 21;
Any employee of, or appointee to, the Michigan gaming control board;
An employee of a sports betting or internet gaming operator shall not create an internet sports betting or internet gaming account or place an internet sports betting or internet wager with the sports betting or internet gaming operator for which he or she is employed unless using a test account in accordance with the regulations;
An employee of an internet sports betting or internet gaming platform provider shall not create an internet sports betting or internet gaming account or place an internet sports betting or internet gaming wager with the sports betting or internet gaming operator for which the internet sports betting or internet gaming platform provider supplies the internet sports betting or internet gaming platform unless using a test account in accordance with the regulations;
Occupational licensees and applicants shall not place wagers with the sports betting or internet gaming operator or internet sports betting or internet gaming platform provider for which they are employed or for which they had to qualify;
An individual not in an authorized location to make a wager;
An individual placing an internet sports betting or internet gaming wager on behalf of another;
Specific to sports betting, an individual with access to non-public/exclusive information related to an event or an individual who may impact the outcome of an event or wager type is prohibited from wagering on any event overseen by the relevant sports governing body;
Specific to sports betting, athletes, coaches, managers, owners, and anyone with sufficient authority to influence the outcome of an event are prohibited from wagering on events overseen by the relevant sports governing body;
Specific to sports betting, employees of a sports governing body or its members teams are prohibited from wagering on any event overseen by the relevant sports governing body;
Specific to sports betting, owners of a sports governing body or member team are prohibited from wagering on any event overseen by the sports governing body or any event in which a member team of that sports governing body participates;
Specific to sports betting, at the Board’s discretion, an individual on a list provided by a team or sports governing body may be prohibited from wagering on any event overseen by the relevant sports governing body;
An individual wagering in violation of state, tribal, or federal law; or
Other prohibited persons as determined by the Board.

Underage gambling is a criminal offense, and any person under the age of 21 who engages in online wagering, or any person who facilitates or enables someone under the age of 21 to gamble, has committed a criminal offense, is subject to criminal prosecution, shall be prohibited from internet gaming, and will be subject to disciplinary action.

If we determine that You do not meet the eligibility requirements of these Terms, then You are not authorized to access or participate in internet gaming and/or sports betting, as may be applicable, on our Platform. FBG may require You to provide proof that You are eligible to use the Services according to this Section prior to receiving winnings from internet gaming or sports wagers. This includes requesting that You fill out an affidavit of eligibility or other verification information.

If FBG otherwise determines that You do not meet the eligibility requirements of this Section, in addition to any rights that FBG may have, FBG reserves the right to terminate Your Account, restrict Your Account from accessing or participating in internet gaming or sports betting, withhold or revoke the awarding of any winnings associated with Your Account, limit Your ability to withdraw, or take any other action that FBG deems appropriate.

B. Registration

You must register for an account to use the Services and otherwise participate in internet gaming or sports betting (an “Account”). The first step in the Account registration process is to create and/or enter Your Fanatics ID by providing Your email and selecting or entering a password. The second step after You create or enter Your Fanatics ID is You will be prompted to further verify your identity and create an Account to place bets. You agree to provide true, accurate, current and complete information (“Verification Data”) about Yourself as prompted and to maintain and promptly update the Verification Data to keep it accurate, current and complete. Verification Data may include a valid mailing address, date of birth, and Social Security number, as well as any other information FBG may require to run appropriate identity checks and comply with applicable rules and regulations. If necessary, You may be required to provide appropriate documentation that allows us to verify information about You at any time, including after your Account has been registered. You consent to have FBG confirm Your age and identity. If You provide any information that is inaccurate, not current or incomplete, or FBG has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, FBG may deny You access to Services, or terminate Your Account, in its sole discretion.

You may only establish, maintain, use and control one (1) Account on our Platform. An Account can only be owned, maintained, used and controlled by one individual. Users may not “co-own” Accounts on the Services. Accounts are non-transferable and are solely for personal use. You are prohibited from allowing any other person to access or use Your Account. If FBG believes You have opened, maintained, used or controlled more than one Account or are making illegal or improper use of such Account, in addition to any other rights that FBG may have, FBG reserves the right, in its sole discretion, to suspend, limit, or terminate any or all of Your Accounts and terminate, withhold or revoke the awarding of any winnings or prizes. In such circumstances, FBG may also report such activity to relevant authorities.

C. Account Password and Security

At the time of registration for an online Account, You must provide a valid email address and password to be used with Your Account. If we enable features that allow You to create a username, You may not use an email address or username that promotes a commercial venture or which FBG in its sole discretion deems offensive or otherwise inappropriate. You are responsible for maintaining the confidentiality of Your password and are fully responsible for all uses of Your Account, including Your Fanatics ID, username (if any) and password, whether by You or others. You agree to (a) keep Your Account, including Your Fanatics ID, username and password confidential and not to share them with anyone else; (b) immediately notify FBG of any unauthorized use of Your Account, including Your Fanatics ID, username and password or Account or any other breach of security; and (c) use only Your own Account, including Your Fanatics ID, username and password to access the areas of the Services that require same. FBG is not liable for any loss or damage arising from Your failure to comply with this Section.

You acknowledge and agree that FBG is authorized to act on instructions received through the use of Your Account, including Your Fanatics ID, username (if any) and password, and that FBG may, but is not obligated to, deny access or block any transaction made through use of Your Account without prior notice if it believes that Your Account is being used by someone other than You, or for any other reason. FBG may require You to change Your Fanatics ID, username (if any), password, or may unilaterally change the same. FBG recommends that You consider the security of the passwords, refrain from using the same passwords used to access other sites, change passwords on a frequent basis and use multi-factor authentication.

D. User Account Funds, Withdrawals, and Refunds

You must have a positive balance in Your Account to place a bet or play a game. You will not be able to place any wagers in an amount greater than the total balance in Your Account. We do not permit Your Account to have a negative Account balance. We reserve the right to limit the amount You can deposit into Your Account for any reason, or to otherwise limit the amount You can bet. You agree to abide by those limits.

You may use any method available and accepted by the Platform to deposit money into Your Account which, depending on the state of operation, may include and may not be limited to, banks, credit cards, third party electronic payment processors and financial institutions (“Third Party Providers”). Please remember that Third Party Providers, including financial institutions, may charge fees for such deposits. You represent and warrant that: (a) You are the legal owner of any money You deposit into or request a withdrawal or refund from Your Account and that such money is not connected and did not originate from any illegal activity or source; (b) all payments to Your Account are authorized and You will not try to reverse a payment or take an action that would cause such payment to be reversed in an effort to avoid any legitimate liability; and (c) You understand and agree that all transactions may be checked for any suspicious activity, including money laundering and that such activity may be reported by us to the appropriate authorities.

By initiating a deposit into or withdrawal or refund from Your Account, You authorize FBG to instruct Third Party Providers (such as Your bank or credit card provider) to handle deposits, withdrawals and refunds from Your Account and agree that FBG may provide such Third Party Providers Your personal information as needed to complete the transaction.

If You use the Services for internet gaming or sports betting, all winnings You obtain will be added to Your Account balance, and such funds will be held in a separate, segregated bank account. Your withdrawals of winnings will be made from this segregated bank account. These funds belong to You, subject to any anti-fraud checks, or other reviews of prohibited conduct as described herein. The funds in Your Account are held on your behalf and may be used by you to make wagers on the Platform or to satisfy any payment obligations you may incur as a result of your activities on the Platform. You will not earn interest on the funds held in your Account. Subject to such checks, You may close Your Account and withdraw Your winnings and/or request a refund of unplayed deposits from Your Account at any time and for any reason. Your withdrawals of winnings will be made from this segregated bank account.

To protect your funds, FBG implements a number of security checks before any withdrawal or refund request is processed. FBG reserves the right to withhold any withdrawal or refund until these checks have been completed. There may be some delays if a withdrawal or refund is requested outside of business hours. We generally expect withdrawals and refunds to be processed within twenty-four (24) hours, however they may take up to five (5) working days.

You have the right to review all your gaming activity under “Transaction History,” which details a user's deposit, withdrawal, and betting activity, and Responsible Gambling limits for the past twenty-four (24) months.

E. Dormant Accounts

FBG shall consider a patron Account to be dormant if You have not logged into the Your Account for at least 3 years. FBG will close a dormant Account. Any balance remaining in a dormant Account will be refunded or escheated in accordance with FBG’s internal controls.

All bonuses and winnings earned from wagering with Bonuses (as defined below) will be forfeited from any Account to which a deposit has not been made within 60 days of establishing such Account.

F. Responsible Player Behavior & Self-Exclusion

You have the right to set responsible gaming limits and to self-exclude. FBG offers tools to encourage responsible player behavior. Our Platform offers a number of self-imposed gaming limitations, including:

A cool-off period or suspension of your Account for no less than 72 hours;
Daily, weekly, or monthly deposit limits;
Daily, weekly, or monthly wagering limits;
Daily time limits; and
Self-exclusion program.

You may set such limitations Yourself directly in FBG. FBG may also limit, suspend or close Your Account for matters related to responsible gaming when detected by FBG or presented to FBG though a Customer Support contact or other user contact.

G. Disqualification and Cancellation

FBG reserves the right to cancel or void any bets, in its sole discretion and in accordance with applicable law. If You have placed a wager on the Platform and FBG cancels the wager for reasons other than Your violation of these Terms, engagement in prohibited activities, or any other activity FBG reasonably believes is suspicious, FBG will credit Your Account balance for the amount of the initial wager. In addition, while FBG will take reasonable measures to guarantee the accuracy of the wagering information offered on its Platform or bets placed using its Services, FBG reserves the right to cancel and void any bets if, in its sole discretion, there is an obvious error with the bet as set forth in the House Rules or any of the Agreements.

FBG may disqualify You from a bet, withhold access to all wagering, withhold access to the any or all Services, refuse to award winnings, require the return of any winnings, or suspend, limit, or terminate Your Account if You engage in conduct FBG deems, in its sole discretion, to be improper, unfair, fraudulent or otherwise adverse to the operation of the Services or in any way detrimental to other users. Improper conduct includes, but is not limited to:

Falsifying personal or payment information;
Colluding with any other individual(s) or engaging in any type of syndicate play;
Violating eligible payment method terms;
Using an Account to participate in a game or event on behalf of multiple users or otherwise collaborating with others to participate in a game or event;
Tampering with the administration of the Services or trying to in any way tamper with the computer programs associated with the Services;
Using IP proxying or other methods to disguise Your location or the place of Your residence to circumvent geographical restrictions on internet gaming or sports betting participation;
Obtaining other users’ information and/or spamming other users;
Abuse of any offers, promotions, or Bonuses;
Abuse of the Services in any way;
Cheating and geolocation tampering; or
Otherwise violating these Terms or any of the other Agreements.

You acknowledge that the forfeiture and/or return of any winnings shall in no way prevent FBG from informing the relevant authorities, and/or pursuing criminal or civil proceedings in connection with such conduct.

FBG reserves the right to recover bad debts using any method lawfully available including, but not limited to, (i) debiting the amount owed by You from Your Account; and (ii) instructing third party collections agencies to collect the debt.

If, for any reason, internet gaming or sports wagers are not able to be placed as originally planned (e.g., if the Platform becomes corrupted or does not allow the proper usage and processing of wagers in accordance with the House Rules or Game Rules), FBG reserves the right, in its sole discretion, to disqualify any individual implicated in or relating to the cause and/or to cancel, terminate, extend, modify or suspend the bets. If such cancellation, termination, modification or suspension occurs, notification may be posted on the Platform, otherwise through the Services, via email or by such other means as we may reasonably elect to use.

H. Publicity License and Release

Subject to applicable law and our Privacy Policy, by placing a wager on the Platform, You grant license and consent to the use of Your name, voice, likeness, image, city/state, photograph or video by FBG, its service providers, and its business partners in connection with the development, production, distribution and/or exploitation (including marketing and promotion) of the Services, including any components thereof, and/or FBG generally, unless otherwise prohibited by law. FBG, its service providers, and its business partners reserve the right to make public statements about any wagering participants and winner(s) on the Platform, in any media channels, including but not limited to the Platform, Internet/social media, and TV whether existing now or hereafter invented, at any time in connection with the wagering event in which participants engaged. You agree You are not entitled to any fee and will not impose other conditions on the fulfillment of these obligations, and expressly release and waive any claims related to FBG’s use of the license granted in this Section.

I. Placing Bets

It is Your responsibility to fully understand the terms of the bet You are placing. When You place a bet, You agree that You shall be subject to the House Rules and Game Rules in effect at the time. It is Your responsibility to read and acquaint Yourself with our House Rules and Game Rules. Please note that the House Rules govern the terms of any bet, and FBG Customer Service representatives may not alter the terms of any bet presented through the Platform.

When placing a bet, You are responsible for ensuring that all of the details of the bet are correct. Once a bet has been placed, You cannot cancel the bet.

You fully accept and agree that if there is a discrepancy between the results displayed in Your Account and those displayed in FBG’s servers, the results displayed on FBG’s server shall govern. You understand and agree that FBG’s records will be the final authority in determining such matters.

We are not responsible for technical, hardware, network connections, or incomplete or delayed computer transmissions, regardless of cause.

Game misuse voids all wagers. Any game, system or Platform malfunction voids all wagers. In the event of any end-user or human or Platform, or third-party service provider system or communication error, failure, malfunction, bug, damage, or virus relating to account settlement, settlement of wagers, or other elements of the service by FBG or applicable third-party vendors, or resulting in the loss of data or winnings (including progressive jackpots) or bonuses or anything similar, the company shall in no way be liable to You. The company shall void all games in question and payments (whenever such human, end-user, system or communication error, failure, malfunction, bug, damage, or virus is discovered) in relation thereto, and may take any other corrective actions necessary to rectify such errors.

If You becomes disconnected from a game while the game is in progress and a bet has not been struck, any bets placed will be void and the bet will be returned to You. If You become disconnected after a bet is received, the placed bet remains valid and will be settled when you next launch the game, or in Your absence, at any time in our discretion. Upon reconnection, You may view bet outcomes in the game history or history window. FBG may liaise with any third-party game provider as applicable to verify the accuracy of the settlement and take corrective actions as necessary.

J. Bonuses and Promotions

You may be awarded bet credits or similar promotions (collectively, “Bonuses”) which You can use for gaming using FBG’s Services, or on other platforms, as we may permit. Bonuses cannot be withdrawn from Your Account. Only the winnings attributed to Bonuses can be withdrawn, as per applicable wagering requirements.

You will be permitted to cancel Your participation in a bonus or promotional wagering offer that utilizes restricted gaming credits that cannot be cashed out until a wagering requirement or other restriction is met. If an authorized participant elects to proceed with cancellation, the unrestricted funds used in the bonus or promotional wagering offer will be returned to Your Account.

FBG reserves the right to remove Bonuses and refund the remaining balance should You breach the rules and/or the terms and conditions of the specific promotion. It is Your responsibility to read and understand the terms of any Bonuses which will be made available whenever a bonus offer is made to You. Awards of FanCash shall not be considered Bonuses for purposes of this Section.

Nothing in this Section shall prohibit or limit FBG’s ability to reverse and/or reclaim any Bonuses issued or awarded to You based upon failures, errors, manipulations, or fraudulent or dishonest activities.

K. Game Statistics and Live Scoring (Sports Betting)

To the extent that FBG offers “live” statistics during gameplay, all “live” statistics and other information provided through the Platform are unofficial. Live sports statistics are offered for informational and/or entertainment purposes only and are not used to determine the results of a sporting event or contest or the results of any wager. Neither FBG nor its third party service providers warrant or make any representations of any kind with respect to the game statistics and live scoring information provided through the Services. FBG 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 Platform and shall not be responsible or liable for any error or omissions in that information.

L. Game Results & Winnings (Sports Betting)

Subject to FBG verifying Your compliance with the Terms and any other conditions of participation, at the conclusion of each wager (e.g., when all relevant events have concluded), FBG shall use commercially reasonable efforts to award the winnings to Your Account within a reasonable amount of time.

M. Location Technologies

To determine Your eligibility to use the Services, FBG must determine Your location using one or more reference points, such as GPS, IP address, beacons and/or software within Your personal computer, mobile device, consumer electronics device, or any other equipment. If You have set Your device(s) to disable GPS, Bluetooth, or other location determining software, use connection methods or systems that mask Your location, or do not authorize the Services to access Your location data, the Services may not be able to determine Your location and You will not be able to access the Services. FBG reserves the right to suspend or terminate Your Account if You prevent the Services from accurately determining Your location. You consent to the monitoring and recording by FBG and/or the Lac Vieux Desert Band of Lake Superior Chippewa and/or the Board of any geographic location information. For more information about how the Services collects, uses, and retains Your information, please read the FBG’s Privacy Policy.

N. Application License

Subject to Your compliance with these Terms, FBG grants You a limited, non-exclusive, and non-transferable license to download and install a copy of FBG’s mobile app on a device that You exclusively control and to run such copy of the mobile app solely for Your own personal use. FBG reserves all rights in and to the FBG mobile app (and otherwise to the Services) not expressly granted to You under these Terms.

If You have downloaded the FBG mobile app(s), You agree to promptly download and install any new version that FBG makes available. You understand that a failure to promptly update a new version of the app may, in some cases, expose You to increased security risks or Services malfunctions and may prevent You from placing wagers, or otherwise using the Services.

O. Taxation

FBG may request that You provide updated Account details for tax reporting purposes. This information will be used for compliance with tax regulations and may be shared with appropriate tax authorities. You, not FBG, are responsible for filing and paying applicable state and federal taxes on any winnings. Notwithstanding the forgoing, we may withhold federal and state taxes from certain winnings as required by applicable law or regulation, including but not limited to where required as a result of debts owed to the state. FBG does not provide tax advice, nor should any statements in these Terms or on the Services be construed as tax advice.

For more information on the rules governing FBG’s internet gaming or sports wagers, please carefully review the House Rules and Game Rules, which shall be posted on the Platform.

P. Streaming

If You are accessing any video streams of sports games through the Fanatics Sportsbook app (“Bet and Watch”), You further agree to the following:

You will only access Bet and Watch, when in a state where Fanatics Sportsbook is live;
Your access to and use of Bet and Watch will comply with all applicable statutes, regulations, laws, ordinances, subordinate legislation, common law, court orders, judgements, and/or industry codes or standards which are enforceable by law or regulation;
You acknowledge and agree that You will only access and use Bet and Watch for your own person use;
You will not reproduce or distribute any content accessed through Bet and Watch;
You will not provide unauthorized or unlawful access to Bet and Watch or the content accessed through Bet and Watch; and
You acknowledge and agree that all rights to the content accessed through Bet and Watch, including but limited to the intellectual property rights to the streamed content and the media player provided to use Bet and Watch are owned and/or reserved by Bet Genius Sports Media Inc.

3. Offers.

4. Unauthorized Use.

Copying, modifying, displaying, performing, distributing, republishing, or retransmitting any content or material (including, by way of example, images and text), in whole or in part, from/on the Platform or otherwise through the Services without our prior written consent;
Collecting usernames and/or email addresses of users for the purpose of sending unsolicited email;
Using a framing or similar technique without our prior written permission;
Creating or maintaining any link from another website to any page on the Platform without our prior written permission;
Criminal or tortious activity, including fraud, spamming, spimming (spam by instant message), sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
Covering or obscuring the banner advertisements on the Platform, if any, via HTML/CSS or any other means;
Any automated use of any system, such as using scripts to alter content or a “bot” to engage in play;
Interfering with, disrupting, or burdening the Platform or the networks, systems or services connected to the Platform;
Using any automated system or software to extract data from the Platform or from any other user (including "screen scraping") for sale or use by any third party or any commercial purpose other than Your placement of a wager for Your Account;
Attempting to impersonate another user or person;
Using the Account, username, or password of another user or disclosing Your password, as applicable, to any third party or permitting any third party to access Your Account;
Displaying an advertisement, or accepting payment or anything of value from a third person in exchange for Your performing any commercial activity on or through the Platform on behalf of that person, such as placing commercial content on the Platform;
Using the Platform for any harassing, threatening, libelous, abusive, obscene or privacy-invading purposes; or
Using the Services in a manner inconsistent with any applicable law, rule or regulation.

We may remove any unauthorized content, links, etc. without notice.

5. FanCash.

FBG may at times offer FanCash or other, similar programs. Where offered, FanCash benefits shall be subject to the applicable FanCash Program Terms. We reserve the right to discontinue the FanCash Program or modify the terms applicable to FanCash Program at any time.

6. Links to Third Party Sites; Advertisers.

7. Privacy Policy.

You have read and acknowledge our collection, use and sharing of Your information, including personal information, as set forth in our Privacy Policy.

8. Property; Intellectual Property.

Subject to the express exception below, the Services, and all content of the Services(including, without limitation, text, graphics, scripts, sounds, interactive features, icons, images, clips and software), is protected by copyright, trademark, and other laws. Names, logos, taglines, icons, and marks on the Platform are the exclusive property of FBG and/or one of its affiliates, all rights reserved, and may not be used by You without our prior written permission. Unless otherwise indicated, all other intellectual property appearing on the Platform is the property of its respective owner. We reserve all rights not expressly granted in and to the Platform’s content and the Services.

Exception: Subject to Your strict compliance with these Terms and the other Agreements, FBG grants You a limited, personal, revocable, non-transferable, non-sublicensable license to: (i) download (temporary storage only), display, view, use, and/or play the content on its Platform on a personal computer, mobile phone, or other Internet enabled device for Your personal, non-commercial use only; and (ii) to use certain content that we may make available on the Services for such purposes as may be explicitly stated at the time that the content is made available. The foregoing limited license may be immediately suspended or terminated for any reason, in FBG’s sole discretion, and without advance notice or liability. Except with our express, written permission, You are prohibited from copying any of the content on the Platform.

9. User-Generated Content.

Users may be able to post content in certain areas on the Platform or on other websites or platforms that we own or operate, including on social media platforms such as Facebook, Instagram, Twitter, Pinterest, TikTok, and Snapchat (“Other Platforms”). You are solely responsible for any content (including, without limitation, photos, artwork, videos, text, graphics, and other information) You upload, post, display or otherwise provide to us through the Platform or Other Platforms (“User Content”). Any User Content You post or provide, including any questions, reviews, comments and suggestions, will be treated as non-confidential and non-proprietary. By sharing User Content with us, You grant us a worldwide, royalty-free, perpetual, irrevocable and transferable right to use, copy, reproduce, perform, distribute, display, publish, sell, and create derivative works of, the User Content, and to grant and authorize sub-licensees of the foregoing. Additionally, we shall be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including, without limitation, developing, manufacturing, and marketing products and services which incorporate such User Content. You further agree that this means that any User Content may appear on sites other than the Platform through which You submitted Your User Content including but not limited to Other Platforms. You represent and warrant that: (a) You own the User Content posted by You on the Services or otherwise have the right to grant the license set forth in this Section 9; (b) Your User Content does not violate the privacy rights, publicity rights, intellectual property rights, or any other rights of any person or entity; and (c) the posting of User Content does not result in a breach of any contract between You and a third party. You agree that You will not use a false or misleading email address, impersonate another person or entity or otherwise mislead with respect to any User Content. You agree that you will not post User Content that is, as determined by FBG, offensive, defamatory, sexually explicit or otherwise objectionable, or that is intended or reasonably likely to disparage FBG or bring FBG into public disrepute. You agree to pay for all royalties, fees and other monies owing to any person by reason of any User Content You post. We are under no obligation to screen or monitor User Content but may review User Content from time to time at our sole discretion to review compliance with these Terms. You consent to the monitoring and recording by FBG and/or the Lac Vieux Desert Band of Lake Superior Chippewa and/or the Board of any User Content or other wagering communications information. We may reject, refuse to post, edit, or remove any User Content at any time without notice, for any or no reason.

10. No Feedback Accepted.

We do not accept any unsolicited feedback related to the Platform from outside FBG including without limitation suggestions about advertising or promotions, or merchandising of any products, additions to our Services, or changes in methods of doing business. We may already be working on or may in the future work on a similar idea. If, notwithstanding this policy, You submit an unsolicited idea to this Platform, You understand and acknowledge that FBG has no obligation to acknowledge Your submission, such feedback is not submitted in confidence and we assume no obligation, expressed or implied, by considering it, and no confidential relationship is established between You and FBG. By submitting Your feedback or idea, You represent that You are authorized to do so, and Your submission does not include the confidential information, proprietary know-how, trade secrets, or other intellectual property of any other person or party. FBG’s use or distribution of Your submission or any portion thereof will not give rise to any claims against FBG or its affiliates and will be without compensation to You. You hereby grant us an irrevocable, perpetual, world-wide right (including intellectual property right) in the feedback or idea, to be used in any medium now known or hereafter developed, without compensation to You.

11. Termination of Access and/or Account.

12. Termination and Survival.

Survival. Sections 2, 7, 8, 9, 10, 11, 12, 13, 14, 15, 19, 20, 21, and 22, together with all other terms which by their nature should reasonably be interpreted as surviving, shall survive any termination of these Terms.

13. Indemnity.

In exchange for the right to participate in the Services, You agree to defend (at our option), indemnify and hold harmless us, our subsidiaries, affiliates, suppliers, and licensors and each of our respective officers, directors, agents, partners and employees (the “FBG Parties”) from any loss, liability, claim, or demand, including reasonable attorneys' fees and costs of suit including experts’ fees, due to or arising out of (i) injuries, damages, or losses to persons and property which may be sustained in connection with participation in any wagering transactions, the receipt, ownership, use or misuse of any winnings or while preparing for, participating in and/or traveling to or from any Services related activity, and any claims based on publicity rights, defamation, or invasion of privacy; (ii) Your User Content; (iii) Your use of the Services and Your activities in connection with the Services (including Your use of the Services in violation of these Terms); (iv) Your breach or anticipatory breach of these Terms; (v) Your violation or anticipatory violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with Your use of the Services, participation in any wagering transactions, and Your other activities in connection with the Services; (vi) information or material transmitted through Your Account, even if not submitted by You, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vii) any misrepresentation made by You; and (viii) our use of the information that You submit to us (including Your User Content and Registration Data) (all of the foregoing, “Indemnifiable Claims and Losses”). We may, in our sole and absolute discretion, require any winner to execute a separate release of claims similar to the one listed above in this Section as a condition of being awarded any bet or receiving any pay-out.

You will cooperate as fully required by us in the defense of any Indemnifiable Claim and Losses. Notwithstanding the foregoing, we retain the exclusive right to settle, compromise, and pay any and all Indemnifiable Claims and Losses. We reserve the right to select counsel and assume the exclusive defense and control of any Indemnifiable Claims and Losses. You will not settle any Indemnifiable Claims and Losses without, in each instance, the prior written consent of an officer of FBG. You are responsible for repaying us for any Indemnifiable Claim or Loss.

14. Disclaimer of Warranties.

15. Limitation on Liability.

YOU UNDERSTAND AND AGREE THAT FBG LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE SERVICES AS SET FORTH BELOW: UNDER NO CIRCUMSTANCES SHALL FBG OR ANY OTHER FBG PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THE SERVICES, INFORMATION OR OTHER CONTENT ON THE PLATFORM, OR YOUR UPLOAD INFORMATION; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE SERVICES; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY FBG OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SERVICES OR INFORMATION OR OTHER CONTENT ON THE PLATFORM; (4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS OR OTHER INTELLECTUAL PROPERTY RIGHTS HOLDER; OR (5) ANY ERRORS OR OMISSIONS IN THE SERVICES’ TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE FBG PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, PANDEMIC, TERRORISM, TRADE OR LABOR DISPUTE, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICES). IN NO EVENT WILL THE FBG NATICS SPORTSBOOK PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH, OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

YOU UNDERSTAND AND AGREE THAT BY USING THE SERVICES, THERE IS A RISK YOU MAY LOSE MONEY. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK AND THE FBG PARTIES HAVE NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY CONSEQUENCES ALLEGED TO HAVE OCCURRED THROUGH YOUR USE, OR MISUSE, OF THE SERVICES.

TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE TOTAL LIABILITY OF FBG AND/OR ITS AFFILIATES IS LIMITED TO THE AVERAGE ACCOUNT BALANCE IN YOUR FBG ACCOUNT OVER THE ONE HUNDRED AND EIGHTY (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. WITHOUT LIMITING THE FOREGOING, THE FBG PARTIES ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER’S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE SERVICES OR ANY OF THE CONTENT, YOU CAN DISCONTINUE ACCESSING AND USING THE SERVICES OR THE CONTENT. YOU RECOGNIZE AND CONFIRM THAT IF YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF FBG’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY SERVICE OR OTHER PROPERTY OWNED OR CONTROLLED BY THE FBG PARTIES OR YOUR UPLOAD INFORMATION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY FBG SERVICES OR YOUR UPLOAD INFORMATION OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO. BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.

This provision applies to the fullest extent permissible and is subject to the Severability provision in Section 23 hereto.

16. Third Party Transactions.

Through Your use of the Services, You may have the opportunity to engage in commercial or other transactions with other users, vendors and other third parties. You acknowledge that all transactions relating to any merchandise or services offered by any third party, including but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the third party seller or purchaser of such merchandise and services and You, and that You will look solely to such third party to enforce any of Your rights. In the event of any problem with the products or services that You have purchased from a third party You agree that You will address such issues with the third party, but all limitations of liability and other rights of FBG shall apply nonetheless. We may not have the ability to accept returns or refund the purchase price for any transaction You complete with a third party through our Services. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE SERVICES FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY AND NOT BY US.

17. Third Party Game Providers.

Certain aspects of the Services may incorporate third party software and other intellectual property ('Licensed Software'), including casino game software, licensed to us by various third parties ('Third Party Game Providers'). You acknowledge and agree that your use of any Licensed Software is subject to compliance with (i) these Terms and Conditions, and (ii) the applicable Third Party Game Provider's terms and conditions when using the Licensed Software, as may be amended from time to time. You further acknowledge and agree that the Licensed Software is provided "AS IS" and any expressed or implied warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular use are disclaimed by us and any applicable Third Party Game Providers. You accept that if we detect any activity which indicates to us that you are in breach of these Terms and Conditions or the terms and conditions of any Third Party Game Provider, we may, in our sole discretion, either suspend or permanently close your account.

18. U.S. Export Controls.

Software made available to You by FBG (the "Software"), if any, is subject to U.S. export controls. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at Your sole risk.

19. Governing Law and Jurisdiction.

To the extent permitted by law, these Terms will be governed by, and interpreted in accordance with, the laws of the State of Michigan, without regard for its choice of conflict of law principles. Please note that this means that Michigan law shall apply to these terms and all Services.

For any Claims (defined below) that are not subject to arbitration, if any: (a) the exclusive jurisdiction and venue for proceedings involving Claims shall be Federal or State courts of competent jurisdiction sitting within the State of Michigan (the "Forum"), and You and we 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 we waive any and all rights to trial by jury with respect to any such Claims.

20. Arbitration Agreement

PLEASE READ THESE "BINDING ARBITRATION" AND "CLASS WAIVER" PROVISIONS CAREFULLY, BECAUSE THEY REQUIRE YOU TO ARBITRATE ALL DISPUTES WITH FBG AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF. ARBITRATION DOES NOT INVOLVE A JUDGE OR JURY.

A. Initial Dispute Resolution Procedure.

You and FBG (each a “party” and collectively, the “parties”) agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost, and mutually beneficial outcome. The parties therefore agree that, before either party demands arbitration against the other, we will individually and personally meet and confer, by telephone or videoconference, in a good-faith effort to resolve informally any claim covered by this Section 20 (the “Arbitration Agreement”). Multiple individuals with disputes cannot participate in the same informal telephonic dispute resolution conference. If You are represented by counsel (which such representation will be at Your sole cost and expense), Your counsel may participate in the conference, but You shall also fully participate in the conference. The party initiating the claim must give notice to the other party in writing of their intent to initiate an informal dispute resolution conference, which shall occur within 30 days after the other party receives such notice, unless an extension is mutually agreed upon by the parties.

To notify FBG that You intend to initiate an informal dispute resolution conference, write to Fanatics Betting & Gaming, 95 Morton Street, New York, NY 10014, ATTN: FBG Legal Department, providing Your name, the telephone number(s) associated with Your Account, the email address(es) associated with Your Account, and a description of Your claim. FBG will investigate each patron complaint and provide an initial response to the patron in writing, via email or live chat, within 10 calendar days of the making of the complaint.

If you are not satisfied with FBG’s response, the parties shall use their best efforts to settle any dispute, claim, question, or disagreement and engage in good faith negotiations, which shall be a condition to either party initiating an arbitration claim as provided in Section 20. If the parties do not reach an agreed upon solution within a period of 45 days from the time informal dispute resolution begins, and the complaint relates to Your Account, settlement of wagers or game outcomes, and/or illegal activity, FBG will promptly notify the Board of the complaint and FBG’s response.

Generally, for unresolved complaints, either party may file an unresolved complaint with the Board or initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. The aforementioned informal dispute resolution process is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding. The parties agree that any relevant limitations period and filing fees or other deadlines will be tolled while the parties engage in this informal dispute resolution process.

B. Agreement to Arbitrate.

As a condition of using the Services, You and we agree that except as expressly provided in Section 20(C), any and all past, pending, or future disputes, claims and causes of action (collectively, “Claims”) arising out of or connected with the Services or the Agreements (including without limitation any dispute concerning the breach, enforcement, construction, validity, interpretation, enforceability, or arbitrability of these Terms) shall be resolved exclusively by binding arbitration administered by National Arbitration and Mediation (“NAM”) and before a single arbitrator, except as set forth below. If NAM is not available to arbitrate, the parties will mutually agree upon an alternative arbitration provider within sixty (60) days. Except as modified by this Section 20 provision, NAM will administer the arbitration in accordance with the NAM Comprehensive Dispute Resolution Rules and Procedures, Fees For Disputes When One of the Parties is a Consumer and the Mass Filing Dispute Resolution Rules and Procedures in effect at the time any demand for arbitration is filed with NAM, excluding any rules or procedures governing or permitting class or representative actions. The applicable NAM rules and procedures are available at www.namadr.com or by emailing National Arbitration and Mediation’s Commercial Dept at commercial@namadr.com. In the event of any dispute concerning the scope or applicability of the Arbitration Provisions of these Terms, You and FBG agree that the arbitrator exclusively shall have the power to rule on his or her own jurisdiction over the Claim, including any objections with respect to the existence, scope or validity of the arbitration agreement or to the arbitrability of the claims or counterclaims presented as part of the Claim.

This Arbitration Agreement is governed by the Federal Arbitration Act ("FAA") in all respects and evidences a transaction involving interstate commerce. You and FBG expressly agree that the FAA shall exclusively govern the interpretation and enforcement of this Arbitration Agreement. If for whatever reason the rules and procedures of the FAA cannot apply, the state law governing arbitration agreements in the state in which You reside shall apply.

You and FBG shall maintain the confidential nature of the arbitration proceedings and the arbitration award, including the arbitration hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.

C. Exceptions to Arbitration.

D. Class Action Waiver.

YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO SUE OR GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS CONTRACT. YOU AND WE ALSO AGREE THAT (A) ANY CLAIMS WILL BE RESOLVED INDIVIDUALLY AND ONLY FOR YOUR LOSSES ONLY AND NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE, MEMBER OF OTHERWISE ON BEHALF OF OTHERS IN ANY PROPOSED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING AND NOT THROUGH ANY CLASS ACTION, (B) IF A CLAIM PROCEEDS IN COURT ANYWAY, WE BOTH WAIVE ANY RIGHT TO A JURY TRIAL; AND (C) EITHER YOU OR WE MAY SEEK A COURT INJUNCTION OR OTHER EQUITABLE RELIEF REGARDING INTELLECTUAL PROPERTY INFRINGEMENT. ARBITRATION DOES NOT INVOLVE A JUDGE OR JURY.

If there is a final judicial determination that either the class arbitration action and collective relief waiver or the provisions in this Section 20 are not enforceable as to a particular claim or request for relief, then the parties agree that that particular claim or request for relief may proceed in court but shall be severed and stayed pending arbitration of the remaining claims. This provision does not prevent You or FBG from participating in a class-wide settlement of claims.

E. 30-DAY RIGHT TO OPT OUT.

F. Initiating Arbitration.

The arbitration may be conducted via telephone, written submissions or in person in a mutually agreed location. If the parties cannot mutually agree to a location for in person hearings or proceedings, such proceedings shall take place within the State of Michigan at a location specified by the arbitrator. You are responsible for Your own attorneys' fees unless the arbitration rules and/or applicable law provide otherwise. The parties agree that NAM has discretion to reduce the amount or modify the timing of any administrative or arbitration fees due under NAM’s Rules where it deems appropriate (including as specified in Section 20), provided that such modification does not increase the costs to You, and You further agree that You waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by NAM does not constitute a default, waiver, or breach of this Section 20 while such challenge remains pending before NAM, the arbitrator, and/or a court of competent jurisdiction, and that any and all due dates for those fees shall be tolled during the pendency of such challenge. You and we further agree that an award and any judgment confirming it only apply to the arbitration in which the award was awarded and cannot be used in any other proceeding except to enforce the award itself and any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of Michigan, or the United States District Court for the Eastern District of Michigan.

G. Batch Arbitration.

To increase the efficiency of administration and resolution of arbitrations, if 100 or more similar arbitration demands (those asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief) presented by or with the assistance or coordination of the same law firm(s) or organization(s) are submitted to NAM (or another arbitration provider selected in accordance with Section 20(B) if NAM is unavailable) against FBG within reasonably close proximity ("Mass Filing"), the parties agree (i) to administer the Mass Filing in batches of 100 demands per batch (to the extent there are fewer than 100 arbitration demands left over after the batching described above, a final batch will consist of the remaining demands) with only one batch filed, processed, and adjudicated at a time; (ii) to designate one arbitrator for each batch; (iii) to accept applicable fees, including any related fee reduction determined by NAM (or another arbitration provider selected in accordance with Section 20(B) if NAM is unavailable) in its discretion; (iv) that no other demands for arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the prior batch of 100 is filed, processed, and adjudicated; (v) that fees associated with a demand for arbitration included in a Mass Filing, including fees owed by FBG and the claimants, shall only be due after Your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; and (vi) that the staged process of batched proceedings, with each set including 100 demands, shall continue until each demand (including Your demand) is adjudicated or otherwise resolved. Arbitrator selection for each batch shall be conducted to the greatest extent possible in accordance with the applicable NAM rules and procedures for such selection, and the arbitrator will determine the location where the proceedings will be conducted.

You agree to cooperate in good faith with FBG and the arbitration provider to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including the payment of combined reduced fees, set by NAM in its discretion, for each batch of claims. The parties further agree to cooperate with each other and the arbitration provider or arbitrator to establish any other processes or procedures that the arbitration provider or arbitrator believe will provide for an efficient resolution of claims. Any disagreement between the parties as to whether this provision applies or as to the process or procedure for batching shall be resolved by a procedural arbitrator appointed by NAM. This “Batch Arbitration” provision shall in no way be interpreted as increasing the number of claims necessary to trigger the applicability of NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures or authorizing class arbitration of any kind. Unless FBG otherwise consents in writing, FBG does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in Section 20(B) above and this Section 20(G). If Your demand for arbitration is included in the Mass Filing, Your claims will remain tolled until Your demand for arbitration is decided, withdrawn, or is settled.

H. Changes to this Section

FBG will provide 30 days’ notice of any changes to this Section. Changes will become effective on the 30th day and apply to all claims not yet filed. If You continue to use the site after the 30th day, You agree that any unfiled claims of which FBG does not have actual notice are subject to the revised clause.

If You reject any such changes by opting out of the Arbitration Agreement, You may exercise Your right to a trial by jury or judge, as permitted by applicable law, but any prior existing agreement to arbitrate Claims under a prior version of the Arbitration Agreement will not apply to claims not yet filed. If FBG changes this Section 20 after the date You first accepted these Terms (or accepted any subsequent changes to these Terms), You agree that Your continued use of the Platform or other Services 30 days after such change will be deemed acceptance of those changes.

21. One Year Statute of Limitations.

You and FBG agree that any Claims or lawsuits, regardless of form, arising out of or related to the Services or the Agreements must BE FILED within ONE (1) YEAR of the action, omission, event, or occurrence giving rise to the claim or suit, after which such claims will be time-barred and prohibited, without regard to any longer period of time which may be provided by any period of limitation or repose by law or statute.

22. General Fanatics Casino Terms.

Your use of the “casino” or “games” or “live dealer” portion of the Services and/or your playing of the games means that you have accepted these online casino terms and conditions and Game Rules, which are legally binding. Further, you acknowledge and agree to be bound by any additional rules which appear within a game, including but not limited to the aforementioned categories, including within a game's help section, game information tab, game rules, including Game Rules relating to the minimum and maximum wagers, maximum payouts, jackpots, disconnections, confirmation of bets, disconnection policies, misuse, and game malfunctions. Game Rules may also include instructions on how to play each game, and the math models utilized by the games. It is your responsibility to read the Game Rules, terms and conditions, and all policies before you play on the casino or game platform, and before you play any game. You acknowledge and accept that you may lose money when playing the games, that you are responsible for any loss, and that no amounts lost by you will be recoverable from FBG, its applicable vendors, licensors, suppliers, or partners. You agree that you play the casino and its games at your own risk.

You acknowledge and accept that random number generator software will determine game outcomes on Fanatics Casino. In the event of any discrepancy between the results displayed to you on your device and a game's records on the game server, the game server's records shall be definitive.

As soon as You become aware of an error, You shall immediately cease play and inform FBG as soon as reasonably practicable of any such error or suspected error.

You agree to refund any such winnings that may have been paid to You as a result of an error, mistake, or malfunction.

To avoid confusion, FBG, its affiliates, vendors, licensors, suppliers, or partners accept no responsibility and will not be liable for any loss resulting from delays, interruptions, or disconnection from the game server or any other causes over which any party has no control.

In the event of any game malfunction, the third-party provider that supplies the applicable game shall determine the final result of the bet and game outcome, which may include, but is not limited to the voiding of the game round and return of the original stake, or the automatic settlement of the game.

FBG and/or its third-party vendors may determine maximum payouts for each game as applicable. Maximum payouts will be delineated on a game level and visibly displayed to the end-user on the platform.

Opposite side betting is prohibited for certain games. For a list of games that prohibit this, see here.

Casino promotions will have their own terms and conditions which will govern your participation in the relevant promotion. These terms and conditions will be made available for each promotion as applicable.

The integrity of large wins may be verified by FBG and its applicable third-party vendors prior to the processing of a customer withdrawal or Account settlement. To the extent a large win is held for verification, You will be notified, and FBG will make reasonable efforts to process the win verification within five (5) business days.

If You are deemed or suspected of tampering, attempting to manipulate games, or taking advantage of a game, or a game malfunction or error, Your stakes and/or winnings may be forfeited or refunded, and Your Account may be reviewed to determine its ongoing eligibility to participate in the Service.

You agree that you shall not interfere, interrupt, attempt to interrupt, or attempt to manipulate or take advantage of the Service of the FBG online casino or its games. FBG reserves the right to recover any advantage that you may gain from an error, including the cost and expenses in making such a recovery.

Game Rules and paytables for each individual game are supplied to FBG by its applicable third-party vendors, are visibly displayed to the end-user on the Platform, and are the responsibility of FBG’s third-party vendors, as applicable.

FBG’s and/or its third-party game vendors reserve the right to correct any incorrect game information that may be displayed without any end-user implication or remediation.

The casino and its respective games may only be used for lawful purposes and in a lawful manner. You acknowledge and agree to comply with all applicable laws, statutes, and regulations regarding the casino, and any bets placed on its games. FBG reserves the right to cooperate with law enforcement and/or regulatory authorities as applicable, in investigating claims of illegal activity on the games and/or casino.

FBG reserves the right to suspend, discontinue, modify, remove, or add any game (including but not limited to any live dealer table) to the casino at its discretion with immediate effect, and without obligation to provide you notice, and FBG will not be liable as the result of any such action.

23. Miscellaneous.

Rules of Construction: The section titles in these Terms are for convenience only and have no legal or contractual effect. The terms “include,” “includes,” or “including” mean “including without limitation.” Unless context requires otherwise, “or” will be constructed in the inclusive sense (“and/or”). To the extent that any provision of these Terms requires or is subject to FBG’s approval or consent, FBG shall be entitled to provide or withheld such approval or consent in its sole discretion.

Force Majeure: The failure of FBG to comply with any provision of these Terms due to circumstances beyond its control including but not limited to an act of God, hurricane, war, fire, riot, earthquake, weather, pandemic or endemic, terrorism, act of public enemies, strikes, labor shortage, actions of governmental authorities or other force majeure event will not be considered a breach of these Terms, and FBG’s performance obligations, if any, shall be delayed until such time as performance becomes reasonably practicable and if performance is no longer possible.

Relationship: No joint venture, partnership, employment, or agency relationship exists between You, the FBG Parties, or any third party partner we may use as a result of the Agreements or Your use of the Services.

Entire Agreement: These Terms and all Agreements constitute the entire understanding between You and us, and supersede all prior understandings between You and us relating to the subject matter.

24. Contact Information.

Address: FBG Enterprises Opco, LLC.
PO Box 551702

4150 Belfort Rd

Jacksonville, FL. 32216

1. Acceptance of Terms of Service. 1

Terms of Service – Fanatics Sportsbook Missouri

Terms of Service – Fanatics Sportsbook Missouri

To view and/or print a PDF version of these Terms of Service for Fanatics Sportsbook Missouri, please click here.

Last updated as of Nov 13, 2025 .

PLEASE READ THESE TERMS OF SERVICE CAREFULLY.

IT IS AN EXPRESS CONDITION OF THIS AGREEMENT THAT ANY CLAIMS YOU MAY HAVE AGAINST FBG ARISING FROM ANY PAST, PRESENT OR FUTURE USE OF TRACKING SOFTWARE, INCLUDING BUT NOT LIMITED TO USE OF A META PIXEL, “COOKIES,” “GET REQUESTS” OR JAVASCRIPT IN HTML CODE OF THE COMPANY’S WEBSITE THAT INTERCEPTS, TRACKS, STORES, AND ANALYZES YOUR INTERACTIONS WITH THE COMPANY’S WEBSITE FOR PURPOSES OF OBTAINING DATA OR TARGETED ADVERTISEMENT ARE HEREBY FULLY WAIVED, RELEASED AND COMPROMISED. FBG SHALL HAVE NO LIABILITY TO YOU FOR ANY PAST, PRESENT OR FUTURE CLAIMS ARISING OUT OF OR RELATED TO THE USE OF TRACKING TECHNOLOGY.

Welcome to Fanatics Sportsbook! These Terms of Service (“the Terms” or “TOS”) form a binding contract between you (“You” or “user”) and FBG Enterprises Opco, LLC, a Delaware limited liability company, and its respective holding, subsidiary and affiliated entities (the “Company,” “Fanatics Sportsbook,” “FBG,” “Fanatics Betting and Gaming,” “we,” “us,” or “our”). These Terms shall govern Your access and use of the Fanatics Sportsbook sports wagering services, including but not limited to its website and mobile application (together, the “Platform”) and Your participation in any promotions, contests, offers and any other transactions or dealings with Fanatics Sportsbook in any way (collectively, including the Platform, the “Services”).

You agree that Your use and access of the Services shall be governed by these Terms, the Fanatics Sportsbook Privacy Policy , the House Rules of Fanatics Sportsbook, the FanCash Program Terms , and any other terms, conditions rules or policies that relate to the Services such as promotions (including but not limited to Bonuses defined below), contests, special offers or any other condition on Your use of the Services that we may provide to You (all collectively, the “Agreements”), which are incorporated herein. Your use of the Services is always subject to these Agreements, as may be modified by us, and all applicable laws, rules and regulations. Please read these Agreements carefully. If You are dissatisfied with these Agreements or any content or information accessed through the Services, Your sole and exclusive remedy is to discontinue using the Services. You agree that Your continued use or access of the Platform or Services is subject to the Agreements .

You must be physically located in Missouri to place a wager using the Fanatics Sportsbook in Missouri. If You subsequently log into the Platform from a state other than Missouri where the Platform is offered, Your activity will be governed by the Fanatics Sportsbook Terms of Service for that state and by logging in, you will agree to such terms. Additionally, You agree that we will transfer Your entire Account (defined below in Section 2(B)) balance to the Fanatics Sportsbook of the other state so that Your funds are available for You to wager while physically present within the other state. The balance transfer will be reflected in Your Account history. If You later login from Missouri or a different state where the Fanatics Sportsbook Platform is offered, You agree that we will transfer Your entire Account balance back to Missouri or the other state.

TABLE OF CONTENTS

2. Sports Wagers. 1

A. Eligibility for Sports Wagering 1

B. Registration 3

C. Account Password and Security 3

D. User Account Funds, Withdrawals & Refunds 4

E. Dormant Accounts 5

F. Responsible Player Behavior & Self-Exclusion 6

G. Disqualification and Cancellation 6

H. Publicity License and Release 8

I. Placing Bets 8

J. Bonuses and Promotions 9

K. Game Statistics and Live Scoring 9

L. Game Results & Winnings 9

M. Location Technologies 9

N. Application License 10

O. Taxation 10

P. Streaming 11

3. Offers. 11

4. Unauthorized Use. 12

5. FanCash. 13

6. Links to Third Party Sites; Advertisers. 13

7. Privacy Policy. 13

8. Property; Intellectual Property. 13

9. User-Generated Content. 14

10. No Feedback Accepted. 15

11. Termination of Access and/or Account. 15

12. Termination and Survival. 15

13. Indemnity. 15

14. Disclaimer of Warranties. 16

15. Limitation on Liability. 17

16. Third Party Transactions. 18

17. U.S. Export Controls. 19

18. Governing Law and Jurisdiction. 19

19. Initial Dispute Resolution Procedure. 19

20. Binding Arbitration Agreement And Class Action Waiver. 20

A. Acceptance of Terms 21

B. Scope of Agreement to Arbitrate 21

D. Lack of Estoppel or Preclusive Effect 22

E. Third-Party Beneficiaries 22

F. Intellectual Property 22

G. Separate Agreement 22

H. Applicable Law 23

K. Batch Arbitration/Mediation. 25

N. OPT-OUT. 26

Q. Severability 27

21. One Year Statute of Limitations. 27

22. Miscellaneous. 27

23. Contact Information. 28

Acceptance of Terms of Service.

Sports Wagers.

Fanatics Sportsbook is licensed and regulated by the Missouri Gaming Commission (“Commission”). The Platform is offered in Missouri under the license held by Fanatics Sportsbook, pursuant to the oversight, regulatory requirements, and licensing of the Commission. The use of the Platform and Services are subject to all applicable Missouri state and United States federal laws and regulations.

Eligibility for Sports Wagering

If You plan to access the Platform or use the Services, You hereby represent and warrant that You are fully able and competent to enter into and comply with the terms, conditions, obligations, affirmations, representations and warranties set forth in the Agreements and to comply with Your own local, state, federal or other laws, rules, regulations or ordinances concerning betting and gaming whether connected with Your use of the Services or not. Without limiting the foregoing, You expressly agree to comply with Article III Section 39(g) of the Missouri Constitution and all relevant sports wagering regulations issued by the Commission.

When You use the Platform to engage in sports wagering, You are further representing and warranting that all of the following are true:

You are 21 years of age or older;
You are a citizen or legal resident of the United States of America (“U.S.”) and You have an address in the U.S.;
At the time of placing a sports wager, You are physically located in Missouri (or, in the event of Your use of a Fanatics Sportsbook licensed to operate in another state, that You are physically located in that state);
You are not placing a wager, logging into an Account, or depositing or withdrawing funds as an agent or proxy;
You are not listed on any U.S. Government list of prohibited or restricted parties;
You are not subject to backup withholding tax because: (a) You are exempt from backup withholding, or (b) You have not been notified by the Internal Revenue Service (IRS) that You are subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified You that You are no longer subject to backup withholding;
You do not, by virtue of affiliation with another sports wagering site or otherwise, have access to pre-release non-public confidential data about sports wagering-related information; AND
You are not restricted from placing a wager pursuant to Missouri law or regulation. In Missouri, all of the following persons are prohibited from engaging in mobile sports wagering:
Any person under the age of twenty-one (21);
Any person not physically located in the state of Missouri;
Any person on the list of self-excluded persons or any person who has been placed on the Commission’s excluded persons list;
Any athlete, competitor, referee, official, coach, manager, medical professional or athletic trainer or employee or contractor of a team or athletic organization who has access to nonpublic information concerning an athlete or team may not engage in sports wagering on an event or the performance of an individual in an event in which the person is participating or otherwise has access to nonpublic or exclusive information;
Any individual whose participation may undermine the integrity of wagering or a sporting event may not place or redeem a wager on such sporting event;
Any key person or employee of a licensee may not place or redeem a wager with that licensee; or

Any individual placing a wager on behalf of another. If Fanatics Sportsbook determines that You do not meet the eligibility requirements of these Terms, then You are not authorized to access or participate in sports wagering with Fanatics Sportsbook. Fanatics Sportsbook may require You to provide proof that You are eligible to use the Services according to this Section prior to receiving winnings from sports wagers. This includes requesting that You fill out an affidavit of eligibility or other verification information.

Registration

You must register for an account to use the Services and otherwise participate in sports wagering (an “Account”). The first step in the Account registration process is to create and/or enter Your Fanatics ID by providing Your email and selecting or entering a password. The second step after You create or enter Your Fanatics ID is You will be prompted to further verify your identity and create an Account to place bets. You agree to provide true, accurate, current and complete information (“Verification Data”) about Yourself as prompted and to maintain and promptly update the Verification Data to keep it accurate, current and complete. Verification Data may include a valid mailing address, date of birth, and Social Security number, as well as any other information Fanatics Sportsbook may require to run appropriate identity checks and comply with applicable rules and regulations. If necessary, You may be required to provide appropriate documentation that allows us to verify information about You at any time, including after your Account has been registered. You consent to have FBG confirm Your age and identity. Fanatics Sportsbook has the right to refuse to establish a Wagering Account for what it considers good and sufficient reason. Without limiting the foregoing, if You provide any information that is inaccurate, not current or incomplete, or Fanatics Sportsbook has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, Fanatics Sportsbook may deny You access to Services, or terminate Your Account, in its sole discretion.

Account Password and Security

You acknowledge and agree that Fanatics Sportsbook is authorized to act on instructions received through the use of Your Account, including Your Fanatics ID, username (if any) and password, and that Fanatics Sportsbook may, but is not obligated to, deny access or block any transaction made through use of Your Account without prior notice if it believes that Your Account is being used by someone other than You, or for any other reason. Fanatics Sportsbook may require You to change Your Fanatics ID, username (if any), password, or may unilaterally change the same. Fanatics Sportsbook recommends that You consider the security of your authentication credentials, including password and username, refrain from using the same passwords used to access other sites, change passwords on a frequent basis and use multi-factor authentication.

User Account Funds, Withdrawals & Refunds

You have the right to review all your gaming activity under "Transaction History," which details a user's deposit, withdrawal, refund, and betting activity, and Responsible Gambling limits for the past twenty-four (24) months.

Dormant Accounts

FBG shall consider an online sports wagering account to be dormant if the patron has not logged into the account for at least five (5) years. A dormant Account shall be closed by FBG. Upon closure of a dormant Account, FBG shall make reasonable efforts to contact the account holder to return any unclaimed funds. After one hundred and twenty (120) days of attempting to contact the account holder, the unclaimed funds in a dormant account shall be presumed abandoned. Licensees shall remit all abandoned funds in accordance with the “Missouri Uniform Disposition of Unclaimed Property Act” section 447.500 et seq., RSMo.

All bonuses and winnings earned from wagering with Bonuses (as defined below) will be forfeited from any Account to which a deposit has not been made within 60 days of establishing such Account.

Responsible Player Behavior & Self-Exclusion

Fanatics Sportsbook offers tools to encourage responsible player behavior. Our Platform offers a number of self-imposed gaming limitations, including:

A cool-off period;
Daily, weekly, or monthly deposit limits;
Daily, weekly, or monthly wagering limits;
Daily time limits; and
Self-exclusion program.

Disqualification and Cancellation

Unless there is a pending investigation or Player dispute, Fanatics Sportsbook has the right to suspend or close a Your sports wagering Account at any time pursuant to these Terms. Fanatics Sportsbook may disqualify You from a bet, withhold access to all sports wagering, withhold access to the any or all Services, refuse to award winnings, require the return of any winnings, or suspend, limit, or terminate Your Account if You engage in conduct Fanatics Sportsbook deems, in its sole discretion, to be improper, unfair, fraudulent or otherwise adverse to the operation of the Services or in any way detrimental to other users. Improper and prohibited conduct includes, but is not limited to:

Falsifying personal or payment information;
Colluding with any other individual(s) or engaging in any type of syndicate play;
Violating eligible payment method terms;
Using an Account to participate in a game or event on behalf of multiple users or otherwise collaborating with others to participate in a game or event;
Tampering with the administration of the Services or trying to in any way tamper with the computer programs associated with the Services;
Using a virtual private network, IP proxying or other technology or methods to disguise, obscure or falsify Your physical location or the place of Your residence to circumvent geographical restrictions on sports wagering participation;
Obtaining other users’ information and/or spamming other users;
Abuse of any offers, promotions, or Bonuses;
Abuse of the Services in any way;
Cheating and geolocation tampering;
Transferring or selling an Account or Account balance;
Allowing an unauthorized person to access or use Your Account;
Engaging in unlawful activity; or
Otherwise violating these Terms or any of the other Agreements.

If, for any reason, sports wagers are not able to be placed as originally planned (e.g., if the Platform becomes corrupted or does not allow the proper usage and processing of wagers in accordance with the House Rules ), Fanatics Sportsbook reserves the right, in its sole discretion, to disqualify any individual implicated in or relating to the cause and/or to cancel, terminate, extend, modify or suspend the bets. If such cancellation, termination, modification or suspension occurs, notification may be posted on the Platform, otherwise through the Services, via email or by such other means as we may reasonably elect to use.

Publicity License and Release

Subject to applicable law and our Privacy Policy , by placing a sports wager, You grant license and consent to the use of Your name, voice, likeness, image, city/state, photograph or video by Fanatics Sportsbook, its service providers, and its business partners in connection with the development, production, distribution and/or exploitation (including marketing and promotion) of the Services, including any components thereof, and/or Fanatics Sportsbook generally, unless otherwise prohibited by law. Fanatics Sportsbook, its service providers, and its business partners reserve the right to make public statements about any Fanatics Sportsbook sports wagering participants and winner(s), in any media channels, including but not limited to the Platform, Internet/social media, and TV whether existing herenow or hereafter invented, at any time in connection with the sports wagering event in which participants engaged. You agree You are not entitled to any fee and will not impose other conditions on the fulfillment of these obligations, and expressly release and waive any claims related to Fanatics Sportsbook’s use of the license granted in this Section.

Placing Bets

It is Your responsibility to fully understand the terms of the bet You are placing. When You place a bet, You agree that You shall be subject to the House Rules in effect at the time. It is Your responsibility to read and acquaint Yourself with our House Rules . Please note that the House Rules govern the terms of any bet, and Fanatics Sportsbook Customer Service representatives may not alter the terms of any bet presented through the Platform.

When placing a bet, You are responsible for ensuring that all of the details of the bet are correct. Once a bet has been placed, You cannot cancel the bet.

We are not responsible for technical, hardware, network connections, or incomplete or delayed computer transmissions, regardless of cause.

Bonuses and Promotions

Game Statistics and Live Scoring

Game Results & Winnings

Location Technologies

To determine Your eligibility to use the Services, Fanatics Sportsbook must determine Your location using one or more reference points, such as GPS, IP address, beacons and/or software within Your personal computer, mobile device, consumer electronics device, or any other equipment. If You have set Your device(s) to disable GPS, Bluetooth, or other location determining software, use connection methods or systems that mask Your location, or do not authorize the Services to access Your location data, the Services may not be able to determine Your location and You will not be able to access the Services. Fanatics Sportsbook reserves the right to suspend or terminate Your Account if You prevent the Services from accurately determining Your location. For more information about how the Services collects, uses, and retains Your information, please read the Fanatics Sportsbook’s Privacy Policy .

Application License

Taxation

For more information on the rules governing Fanatics Sportsbook’s sports wagers, please carefully review the House Rules , which shall be posted on the Platform.

Streaming

If You are accessing any video streams of sports games through the Fanatics Sportsbook app (“Bet and Watch”), You further agree to the following:

You will only access Bet and Watch, when in a state where Fanatics Sportsbook is live;
Your access to and use of Bet and Watch will comply with all applicable statutes, regulations, laws, ordinances, subordinate legislation, common law, court orders, judgements, and/or industry codes or standards which are enforceable by law or a regulation;
You acknowledge and agree that You will only access and use Bet and Watch for your own person use;
You will not reproduce or distribute any content accessed through Bet and Watch;
You will not provide unauthorized or unlawful access to Bet and Watch or the content accessed through Bet and Watch; and You acknowledge and agree that all rights to the content accessed through Bet and Watch, including but limited to the intellectual property rights to the streamed content and the media player provided to use Bet and Watch are owned and/or reserved by Bet Genius Sports Media Inc.

Offers.

Unauthorized Use.

Copying, modifying, displaying, performing, distributing, republishing, or retransmitting any content or material (including, by way of example, images and text), in whole or in part, from/on the Platform or otherwise through the Services without our prior written consent;
Collecting usernames and/or email addresses of users for the purpose of sending unsolicited email;
Using a framing or similar technique without our prior written permission;
Creating or maintaining any link from another website to any page on the Platform without our prior written permission;
Criminal or tortious activity, including fraud, spamming, spimming (spam by instant message), sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
Covering or obscuring the banner advertisements on the Platform, if any, via HTML/CSS or any other means;
Any automated use of any system, such as using scripts to alter content or a “bot” to engage in play;
Interfering with, disrupting, or burdening the Platform or the networks, systems or services connected to the Platform;
Using any automated system or software to extract data from the Platform or from any other user (including "screen scraping") for sale or use by any third party or any commercial purpose other than Your placement of a wager for Your Account;
Attempting to impersonate another user or person;
Using the Account, username, or password of another user or disclosing Your password, as applicable, to any third party or permitting any third party to access Your Account;
Displaying an advertisement, or accepting payment or anything of value from a third person in exchange for Your performing any commercial activity on or through the Platform on behalf of that person, such as placing commercial content on the Platform;
Using the Platform for any harassing, threatening, libelous, abusive, obscene or privacy-invading purposes; or
Using the Services in a manner inconsistent with any applicable law, rule or regulation.

We may remove any unauthorized content, links, etc. without notice.

FanCash.

Fanatics Sportsbook may at times offer FanCash or other, similar programs. Where offered, FanCash benefits shall be subject to the applicable FanCash Program Terms . We reserve the right to discontinue the FanCash Program or modify the terms applicable to FanCash Program at any time.

Links to Third Party Sites; Advertisers.

Privacy Policy.

You have read and acknowledge our collection, use and sharing of Your information, including personal information, as set forth in our Privacy Policy .

Property; Intellectual Property.

User-Generated Content.

No Feedback Accepted.

We do not accept any unsolicited feedback related to the Platform from outside Fanatics Sportsbook including without limitation suggestions about advertising or promotions, or merchandising of any products, additions to our Services, or changes in methods of doing business. We may already be working on or may in the future work on a similar idea. If, notwithstanding this policy, You submit an unsolicited idea to this Platform, You understand and acknowledge that Fanatics Sportsbook has no obligation to acknowledge Your submission, such feedback is not submitted in confidence and we assume no obligation, expressed or implied, by considering it, and no confidential relationship is established between You and Fanatics Sportsbook. By submitting Your feedback or idea, You represent that You are authorized to do so, and Your submission does not include the confidential information, proprietary know-how, trade secrets, or other intellectual property of any other person or party. Fanatics Sportsbook’s use or distribution of Your submission or any portion thereof will not give rise to any claims against Fanatics Sportsbook or its affiliates and will be without compensation to You. You hereby grant us an irrevocable, perpetual, world-wide right (including intellectual property right) in the feedback or idea, to be used in any medium now known or hereafter developed, without compensation to You.

Termination of Access and/or Account.

Termination and Survival.

Survival. Sections 2, 7, 8, 9, 10, 11, 12, 13, 14, 15, 18, 19, 20, 21 and 22, together with all other terms which by their nature should reasonably be interpreted as surviving, shall survive any termination of these Terms.

Indemnity.

Disclaimer of Warranties.

EXCEPTIONS : SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR WARRANTIES AND LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Limitation on Liability.

This provision applies to the fullest extent permissible and is subject to the Severability provision in Section 22 hereto.

Third Party Transactions.

U.S. Export Controls.

Governing Law and Jurisdiction.

To the extent permitted by law, these Terms will be governed by, and interpreted in accordance with, the laws of the State of Missouri, without regard for its choice of conflict of law principles. Please note that this means that Missouri law shall apply to these terms and all Services.

Subject to and without any waiver of the Arbitration Agreement contained in Section 20 and the exclusive delegation by the parties to the Arbitrator, for any Claims (defined below) that are not subject to arbitration, if any: (a) the exclusive jurisdiction and venue for proceedings involving Claims shall be Federal or state courts of competent jurisdiction sitting within the State of Missouri (the "Forum"), and You and we 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 we waive any and all rights to trial by jury with respect to any such Claims.

Initial Dispute Resolution Procedure.

You and Fanatics Sportsbook (each a “party” and collectively, the “parties”) agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost, and mutually beneficial outcome. The parties therefore agree that, before either party demands arbitration against the other, we will individually and personally meet and confer, by telephone or videoconference, in a good-faith effort to resolve informally any claim covered by this Section and Section 20. Multiple individuals with disputes cannot participate in the same informal telephonic dispute resolution conference. If You are represented by counsel (which such representation will be at Your sole cost and expense), Your counsel may participate in the conference, but You shall also fully participate in the conference. The party initiating the claim must give notice to the other party in writing of their intent to initiate an informal dispute resolution conference, which shall occur within 30 days after the other party receives such notice, unless an extension is mutually agreed upon by the parties.

To notify Fanatics Sportsbook that You intend to initiate an informal dispute resolution conference, write to Fanatics Betting & Gaming, 95 Morton Street, New York, NY 10014, ATTN: FBG Legal Department, providing Your name, the telephone number(s) associated with Your Account, the email address(es) associated with Your Account, and a description of Your claim. Upon receiving an initial dispute notice, Fanatics Sportsbook will immediately create a written dispute report, setting out the: (1) name of the player or the player’s email address; (2) nature of the dispute asserted; (3) name of the persons against whom the dispute was made, including employees or contractors; (4) date and time of the purported conduct or incident giving rise to the dispute; (5) date the player submitted the dispute; and (6) the nature of relief or action sought by the player and, if applicable, the action taken or proposed to be taken by Fanatics Sportsbook to address the dispute. Fanatics Sportsbook will investigate and attempt to resolve disputes with the player. Fanatics Sportsbook will respond to initial disputes in writing within ten (10) calendar days, or seek an extension of time from the Director of the Commission (“Director”) not to exceed ten (10) calendar days.

If Fanatics Sportsbook’s response to a dispute is that more information is needed to address the dispute, Fanatics Sportsbook will provide specific information to the player about the form and nature of the needed information. When the player provides Fanatics Sportsbook the additional information, Fanatics Sportsbook will provide to the player any further response within seven (7) calendar days.

If Fanatics Sportsbook is not willing or able to grant or provide the relief requested to resolve the dispute, then Fanatics Sportsbook shall state in writing and with specificity the reasons why the requested relief or action will not be provided.

If you are not satisfied with the initial response provided by Fanatics Sportsbook, the parties shall continue to use their best efforts to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition to either party initiating an arbitration claim as provided in Section 20. If the parties do not reach an agreed upon solution within a period of 45 days from the time informal dispute resolution begins, then either party may file an unresolved complaint with the Commission, or initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below.

Binding Arbitration Agreement And Class Action Waiver.

PLEASE READ THIS ARBITRATION & CLASS ACTION WAIVER AGREEMENT (THE “AGREEMENT”) CAREFULLY BECAUSE IT REQUIRES YOU AND FBG TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMIT THE MANNER IN WHICH YOU AND FBG CAN SEEK RELIEF FROM EACH OTHER. THIS AGREEMENT APPLIES TO ANY CLAIMS YOU OR COMPANY CURRENTLY POSSESS AND ANY CLAIMS THE PARTIES MAY RAISE IN THE FUTURE. WHILE YOU MUST AGREE TO THESE TERMS OF USE IN ORDER TO USE THE SERVICES, IF YOU HAVE NOT PREVIOUSLY AGREED TO AN ARBITRATION PROVISION IN CONNECTION WITH YOUR USE OF OUR SERVICE, THERE IS AN OPTION, DESCRIBED BELOW, TO OPT OUT OF THE ARBITRATION PROVISIONS. THE OPTION TO OPT-OUT IS TIME-LIMITED TO THIRTY (30) DAYS OF ENTERING THIS AGREEMENT AND REQUIRES YOUR IMMEDIATE ATTENTION.

If you reside in or access the Service at any time while located in the United States, this Section 20 (Binding Arbitration Agreement and Class Action Waiver) shall be construed under and be subject to the Federal Arbitration Act, notwithstanding any other choice of law set out in these Terms of Service.

THIS AGREEMENT INCLUDES AN ARBITRATION PROVISION WHICH SETS FORTH HOW PAST, PENDING OR FUTURE DISPUTES BETWEEN YOU AND FBG SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION.

ARBITRATION MEANS YOU WILL NOT BE ABLE TO SEEK DAMAGES IN COURT OR PRESENT YOUR CASE TO A JURY.

THIS ARBITRATION AND CLASS ACTION WAIVER AGREEMENT ALSO REQUIRES THAT ANY PAST, PENDING OR FUTURE DISPUTES WITH THE COMPANY SHALL PROCEED FOR YOUR OWN LOSSES ONLY. YOU MAY NOT PROCEED AS A CLASS REPRESENTATIVE, MEMBER OR PART OF ANY PROPOSED CLASS, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL SUIT, QUI TAM ACTION, OR ANY REPRESENTATIVE PROCEEDING, OR OTHERWISE SEEK TO RECOVER ON BEHALF OF OTHERS OR FOR THE BENEFIT OF OTHERS IN ANY TYPE OF CLAIM OR ACTION.

Acceptance of Terms

By using, or otherwise accessing the Service, or clicking to accept or agree to the Terms where that option is made available, You confirm that You have read and accept and agree to this Agreement. Except to the extent that You may opt-out as provided below, all of Your activity on the Website or Platform and all or Your transactions with FBG, including all events which occurred before Your acceptance of this Agreement, shall be subject to this Agreement.

Scope of Agreement to Arbitrate

You and FBG agree that any past, pending, or future dispute, claim or controversy arising out of or relating to any purchase or transaction by You, Your access to or use of any Platform or the Service, or to this Agreement, the Terms of Use, or Privacy Policy (including without limitation any dispute concerning the breach, enforcement, construction, validity, interpretation, enforceability, or arbitrability of this Agreement or the Terms of Use) (a “Dispute”), shall be determined by arbitration, including claims that arose before acceptance of any version of this Agreement. In addition, in the event of any Dispute concerning or relating to this Agreement — including the scope, validity, enforceability, or severability of this Agreement or its provisions, as well as the arbitrability of any claims—You and FBG agree and delegate to the Arbitrator the exclusive jurisdiction to rule on their own jurisdiction over the Dispute, including any objections with respect to the scope, validity, enforceability, or severability of this Agreement or its provisions, as well as the arbitrability of any claims or counterclaims presented as part of the Dispute.

Notwithstanding the above provision and Agreement to Arbitrate, all parties retain the right to seek relief in a small claims court for disputes or claims solely within the scope of a small claim’s court jurisdiction.

Lack of Estoppel or Preclusive Effect

The parties agree that any issues determined in arbitration or any other proceeding between the parties shall be conducted and decided for the benefit of the parties or express third party beneficiaries only and shall have no preclusive or estoppel effect against a party in any subsequent or other arbitration or litigation matter, such that all issues shall be decided anew in any subsequent or other proceedings involving either party. The parties reach this agreement in order to narrowly and efficiently tailor their legal positions without concern that any third party may attempt to offensively use any finding or determination of fact or law against You or FBG.

Third-Party Beneficiaries

You further agree and intend that this Agreement and the Terms are entered into for the express benefit of your spouse, heirs, children and next-of-kin and shall bind same to the extent of any claims arising from your use of the Service which is brought by them or by any person for the use or benefit of your spouse, heirs, children and next-of-kin. FBG agrees also that this Agreement is intended to benefit and shall bind any successor-in-interest or assignee of FBG.

Intellectual Property

Notwithstanding the requirement to arbitrate in this Section 20, you and FBG are NOT required to arbitrate any claims for the alleged unlawful use of copyrights, trademarks, trade names, trade dress, logos, trade secrets, or patents, and the parties agree that in the event of infringement of copyrights, trademarks, trade names, trade dress, logos, trade secrets, or patents of a party, they shall also be entitled to seek injunctive relief from a court of competent jurisdiction, and the parties shall not be able to hold out a User’s access to the Service as a basis to enforce this arbitration agreement as to such claims.

Separate Agreement

The parties acknowledge that this Agreement is a separate agreement between the parties governed by the Federal Arbitration Act, and that any alleged or determined invalidity or illegality of all or any part of the Terms of Use, the Service, the Platform, or the Privacy Policy shall have no effect upon the validity and enforceability of this Agreement.

Applicable Law

While the Federal Arbitration Act shall control, to the extent the law of any state is applied or considered with respect to issues bearing upon the enforceability or scope of this Agreement, the parties agree that the law of the State of Missouri shall exclusively apply, notwithstanding any consideration or application of choice of law or conflicts of law principles.

INITIATING ARBITRATION UNDER JAMS RULES

Following the conclusion of the initial dispute resolution process required by Section 20, you or FBG may seek arbitration of a Dispute in accordance with the provisions of this Agreement. You and FBG agree that JAMS (“JAMS”) will administer the arbitration under its Comprehensive Arbitration Rules and Procedures and the JAMS Mass Arbitration Procedures and Guidelines (collectively, the “JAMS Rules”) in effect at the time this Agreement is accepted by the User. Any arbitration proceeding shall be commenced and administered by JAMS’ offices in New York, NY . The parties further agree that, to the extent applicable, the JAMS Mass Arbitration Procedures and Guidelines in effect at the time this Agreement is accepted by the User. If the JAMS Rules are updated or changed in any way which may be applicable to a dispute between the parties, the parties agree to consider whether the most recent version of the JAMS Rules shall apply. The JAMS Rules referenced above are available at https://www.jamsadr.com/adr-rules-procedures/ .

You and FBG further agree:

The arbitration will be handled on the merits by a sole arbitrator. The parties agree that any JAMS arbitrator appointed, including merits and process arbitrators, must have the following minimum qualification: practicing attorneys or retired federal court judges who have at least ten years of substantive expertise in litigating and resolving of complex business disputes, including motions to compel arbitration and litigation or adjudication regarding whether disputes are arbitrable;
For purpose of Sections 16.1 and 16.2 of the JAMS Rules, the JAMS Streamlined Arbitration Rules and Procedures and JAMS Expedited Procedures shall not apply unless otherwise explicitly agreed to by all parties to the Dispute;
In lieu of JAMS Rule 15, the parties shall be presented with a list of eight (8) potential arbitrators, be allowed three (3) strikes and the parties shall rank those potential arbitrators in order of preference. JAMS shall select the arbitrator with the highest combined preference (e.g., if both parties select a potential arbitrator as their top preference, that arbitrator will be selected). To the extent a process arbitrator is appointed pursuant to the JAMS Rules, the selection process shall also be as prescribed in this paragraph;
In lieu of JAMS Rule 18, the parties shall have the right to submit a dispositive motion at the outset of the arbitration to the Arbitrator in order to resolve issues other than the ultimate issue of fact. The submission and scheduling of such motions shall be addressed at a conference held before the JAMS arbitrator, and the Parties agree that any dispositive motions shall be resolved and the remainder of the arbitral proceeding stayed pending resolution, absent good cause and immediate necessity to proceed;
Location of Arbitration . The arbitration hearing will be held in New York, NY, provided that either You or the Company may elect that the arbitration proceedings be conducted telephonically or via other remote electronic means. Notwithstanding the locations of the parties or witnesses or the election by a party for a remote proceeding, the party submitting the demand for arbitration shall commence the arbitration with JAMS’ offices in New York, NY;
The JAMS Rules will govern payment of all arbitration fees, currently available at https://www.jamsadr.com/arbitration-fees , You will only be required to pay arbitration fees of $250 in connection with any arbitration initiated under this Section 20, but You will still be responsible for paying your own attorneys’ fees;
Except as otherwise waived or limited under the Terms or this Agreement, the JAMS arbitrator shall be authorized to award any remedies, including equitable or injunctive relief, that would be available in an individual lawsuit except:
In any arbitration arising out of or related to this Agreement, the arbitrator(s) are not empowered to award punitive or exemplary damages, and the parties waive any right to recover any such damages; and
In any arbitration arising out of or related to this Agreement, the arbitrator(s) may not award any incidental, indirect or consequential damages, including damages for lost profits;
The arbitration decision and award shall consist of a written statement signed by the Arbitrator regarding the disposition of each claim and the relief, if any, as to each claim. Unless the parties agree otherwise, the award shall be a reasoned award and contain a concise written statement of the reasons for the award;
Except as and to the extent otherwise may be required by law, the arbitration proceeding, pleadings, and any award shall be treated as confidential and shall not be used by the parties except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its confirmation and enforcement.
In the event JAMS is unavailable or unwilling to hear the dispute in accordance with this Agreement, the parties shall agree to, or a court shall select, another arbitration provider subject to the procedural agreements of this Section 20; and
You and FBG agree that any award issued by the Arbitrator in excess of $50,000 in favor of either party, or any award which grants any form of declaratory or equitable relief that would significantly impact other FBG users or the operation of the Platform, may be appealed in accordance with the JAMS Optional Arbitration Appeal Procedures at either party’s election. The JAMS Optional Arbitration Appeal Procedures are available at https://www.jamsadr.com/adr-rules-procedures/ .

Batch Arbitration/Mediation.

To increase efficiency of resolution, in the event 20 or more similar arbitration demands against FBG, presented by or with the assistance of the same law firm or organization or group of law firms or organizations working in coordination, are submitted to JAMS in accordance with the rules described above within a 60-day period, JAMS shall consolidate those arbitrations as contemplated in the JAMS Mass Arbitration Rules. Following the submission, initial presentation and resolution of briefing and motion practice contemplated in this Section 20 on dispositive issues other than the ultimate issue of fact, to the extent claims and issues remain pending, JAMS shall group the arbitration demands into a first batch of no more than 25 demands to be set for resolution as a single arbitration. Once resolution of the first batch has concluded (or sooner if the parties agree), counsel for the parties must engage in a single mediation before a JAMS mediator of all remaining demands from claimants. Counsel for the parties must agree on a mediator within thirty (30) days after conclusion of the first batch. If the parties cannot agree on a JAMS mediator within 30 days, JAMS will appoint a JAMS mediator as an administrative matter. All parties will cooperate for the purpose of ensuring that the mediation is scheduled as quickly as practicable after the mediator is appointed. If the parties are unable to resolve their demands by mediation, JAMS shall continue to batch the remaining arbitration demands into batches of no more than 100 demands per batch (plus, to the extent there are fewer than 100 arbitration demands left over after the batching described above, a final batch consisting of the remaining demands) for administration. A single arbitration with one set of filing and administrative fees and one arbitrator will be assigned per batch. For avoidance of doubt, consolidation does not require that all arbitrations in a single batch be decided the same, nor does it impair your right to present any evidence or argument that you think particular to your case, so long as it is consistent with JAMS Rules. You agree to cooperate in good faith with the Company and JAMS to implement such a batch approach to resolution and fees and to efficiently consolidate discovery, submission of evidence, and motion practice.

By signing a demand for arbitration, a party certifies, to the best of its knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (i) the demand for arbitration is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (ii) the claims and other legal contentions are warranted by existing law or by a non-frivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (iii) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. The Arbitrator shall be authorized to afford any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or any applicable state law (including attorney’s fees) for either party’s violation of this requirement.

OPTION AND PROCEDURE TO OPT OUT OF ARBITRATION

IF YOU HAVE NOT PREVIOUSLY AGREED TO AN ARBITRATION PROVISION IN CONNECTION WITH YOUR USE OF OUR SERVICE, YOU MAY OPT OUT OF THE AGREEMENT TO ARBITRATE BY FOLLOWING THE INSTRUCTIONS BELOW. IF YOU DO NOT OPT-OUT, THE ARBITRATION PROVISIONS WILL APPLY RETROACTIVELY TO ALL CLAIMS YOU MAY POSSESS, WHETHER ASSERTED TO DATE OR NOT.

OPT-OUT.

IF YOU DO NOT WISH TO AGREE TO THE PROVISIONS OF THIS SECTION 20 AGREEMENT REQUIRING ARBITRATION AND CLASS ACTION WAIVER AND YOU HAVE NOT PREVIOUSLY AGREED TO AN ARBITRATION PROVISION IN CONNECTION WITH YOUR USE OF OUR SERVICE, YOU MUST, WITHIN THIRTY (30) DAYS OF ENTERING THIS AGREEMENT, CONTACT OUR REGISTERED AGENT CORPORATION SERVICE COMPANY AT THEIR NEW YORK ADDRESS ( HTTPS://APPS.DOS.NY.GOV/PUBLICINQUIRY/ENTITYDISPLAY ), ATTN: FBG ENTERPRISES OPCO, LLC, WITH A COPY TO FANATICS BETTING AND GAMING, 95 MORTON STREET, NEW YORK, NY 10014, ATTN: FBG LEGAL DEPARTMENT. **REQUESTS TO OPT OUT AFTER THE 30 DAY PERIOD SHALL NOT BE EFFECTIVE.**

Whether to agree to arbitration is an important decision. It is your decision to make and you are not required to rely solely on the information provided in these terms of use. You should take reasonable steps to conduct further research and to consult with counsel (at your expense) regarding the consequences of your decision.

WAIVER OF CLASS RELIEF AND COLLECTIVE ACTION

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER YOU NOR FBG SHALL BE ENTITLED TO ARBITRATE OR LITIGATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY. YOU MAY ONLY ARBITRATE OR LITIGATE ON AN INDIVIDUAL CLAIMS BASIS ONLY AND FOR YOUR OWN LOSSES ONLY. UNDER THIS AGREEMENT, YOU MAY NOT PROCEED IN ARBITRATION OR COURT AS A CLASS REPRESENTATIVE, MEMBER OR PART OF ANY PROPOSED CLASS, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL SUIT, QUI TAM ACTION OR ANY REPRESENTATIVE PROCEEDING, OR OTHERWISE SEEK TO RECOVER ON BEHALF OF OTHERS OR FOR THE BENEFIT OR USE OF OTHERS IN ANY TYPE OF CLAIM OR ACTION. YOU AND FBG ARE EACH WAIVING RESPECTIVE RIGHTS TO PARTICIPATE IN A CLASS ACTION. BY ACCEPTING THIS AGREEMENT, YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN ANY PAST, PENDING OR FUTURE CLASS ACTION OR ANY OTHER CONSOLIDATED OR REPRESENTATIVE PROCEEDING, INCLUDING ANY PROCEEDING EXISTING AS OF THE DATE YOU AGREED TO THIS AGREEMENT.

Severability

This Agreement applies solely to the extent permitted by law. If for any reason any provision of this Agreement or portion thereof, is found to be unlawful, void, or unenforceable, that part of this Agreement will be deemed severable and shall not affect the validity and enforceability of the remainder of this Agreement which shall continue in full force and effect. To the fullest extent allowable by law and equity, the parties agree that any such provision may be blue-penciled or otherwise construed by the forum presiding over any dispute to give effect to the intent of the parties and consistent with the overall purpose and intent of the agreement, and may be deemed replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.

END OF SECTION 20 ARBITRATION AGREEMENT

One Year Statute of Limitations.

To the extent permitted by applicable law, You and Fanatics Sportsbook agree that any Claims or lawsuits, arising out of or related to the Services or the Agreements must BE FILED within ONE (1) YEAR of the action, omission, event, or occurrence giving rise to the claim or suit, after which such claims will be time-barred and prohibited, without regard to any longer period of time which may be provided by any period of limitation or repose by law or statute.

Miscellaneous.

Rules of Construction: The section titles in these Terms are for convenience only and have no legal or contractual effect. The terms “include,” “includes,” or “including” mean “including without limitation.” Unless context requires otherwise, “or” will be constructed in the inclusive sense (“and/or”). To the extent that any provision of these Terms requires or is subject to Fanatics Sportsbook’s approval or consent, Fanatics Sportsbook shall be entitled to provide or withheld such approval or consent in its sole discretion.

Entire Agreement: These Terms and all Agreements constitute the entire understanding between You and us, and supersede all prior understandings between You and us relating to the subject matter.

Contact Information.

Address: FBG Enterprises Opco, LLC.

PO Box 551702

4150 Belfort Rd

Jacksonville, FL. 32216