LAST UPDATE POSTED: 1/16/25
Boom Fantasy is not associated with Apple, Inc. Apple does not sponsor and is not involved in any way with Boom Fantasy contests.
IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 15.
1. Acceptance of Terms
The Boom Fantasy app (the “Service”) is owned and operated by Boom Shakalaka, Inc. Before using the Service, please read these Terms of Service carefully. By using or otherwise accessing the Services, or selecting to accept or agree to these Terms of Service (the “Terms”) where that option is made available, you (1) accept and agree to these Terms and (2) consent to the collection, use, disclosure and other handling of your information as described in our Privacy Policy. If you do not agree to all the Terms of Service, then you may not access or use the Content or Services.
Boom Fantasy may issue additional terms, rules and conditions of participation in particular contests, giveaways or sweepstakes. You agree to be subject to them if you participate in such contests.
2. Modification of Terms of Service
Except for Section 15, providing for binding arbitration and waiver of class action rights, Boom Fantasy reserves the right, at its sole discretion, to modify or replace the Terms of Service at any time. The most current version of these Terms will be posted on our App. You shall be responsible for reviewing and becoming familiar with any such modifications. If a revision to the Terms, in our sole discretion, is material, we will notify you by contacting you through the email address or phone number associated with your account. Use of the Services by you after any modification to the Terms constitutes your acceptance of the Terms of Service as modified.
3. Eligibility
You hereby represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these terms and to abide by and comply with these terms.
In order to play free-to-play contests you must be able to represent and warrant that:
• You are of 18 years of age or older;
• You are a citizen or resident of the United States of America and that you have an address in the United States of America;
• You are physically located in the United States of America and reside in a jurisdiction in which participation in any contest you choose to participate in is not prohibited by applicable law;
• You are not any member, officer, employee or agent of Boom Shakalaka, Inc;
• You are not any spouse, child, brother, sister or parent residing as a member of the same household in the principal place of abode of any member, officer, employee or agent of Boom Shakalaka, Inc;
• You are not any individual with access to non-public confidential information about contests; and
• You are not any amateur or professional athlete whose performance may be used to determine the outcome of a contest;
• You are not any sports agent, team employee, referee, or league official associated with any sport or athletic event on which contests are based; and
• You are not listed on any U.S. Government list of prohibited or restricted parties;
• You will abide at all times by these Terms of Service and any other agreements between you and Boom Fantasy regarding your use of the Service or participation in games; and
• 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 are not an individual located in a state where the conduct of contests is expressly prohibited.
• You are not any individual who has opted into the self-exclusion feature of the Service.
In order to deposit money to play you must be able to represent and warrant that:
• You must be at least nineteen (19) years of age at time of account creation if you are a legal resident of Nebraska;
• You are a citizen or resident of the United States of America and that you have an address in the United States of America;
• You are physically located in a state that allows real-money play;
• You are not physically located in a prohibited state. List of prohibited states: Alabama, Arizona, Colorado, Connecticut, Delaware, Hawaii, Idaho, Indiana, Iowa, Kansas, Louisiana, Maine, Maryland, Massachusetts, Michigan, Mississippi, Missouri, Montana, Nevada, New Jersey, New Hampshire, New York, Ohio, Pennsylvania, Tennessee, Vermont, Washington, West Virginia and Wyoming. (with such list being subject to change based on changing laws and regulations);
• For the game mode Pick & Spin, in order to play you must not be located in a prohibited state. List of prohibited states: Alabama, Arizona, Colorado, Connecticut, Delaware, Hawaii, Idaho, Indiana, Iowa, Kansas, Louisiana, Maine, Maryland, Massachusetts, Michigan, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Tennessee, Vermont, Virginia, Washington, West Virginia and Wyoming.
• You are not any spouse, child, brother, sister or parent residing as a member of the same household in the principal place of abode of any member, officer, employee or agent of Boom Shakalaka, Inc;
• You are not any individual with access to non-public confidential information about contests; and
• You are not any amateur or professional athlete whose performance may be used to determine the outcome of a contest;
• You are not any sports agent, team employee, referee, or league official associated with any sport or athletic event on which contests are based; and
• You are not listed on any U.S. Government list of prohibited or restricted parties;
• You will abide at all times by these Terms of Service and any other agreements between you and Boom Fantasy regarding your use of the Service or participation in games; and
• All payments into your Account must be from a payment source on which you are the named Accountholder. It shall be a violation of these Terms for you to submit payment using any payment method for which you are not the named account holder.
• 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 are not any individual located in a state where the conduct of contests is expressly prohibited.
• You are not any individual who has opted into the self-exclusion feature of the Service.
If you do not meet the eligibility requirements of this section, then you are not authorized to use the Service. Boom Fantasy may require you to provide proof that you are eligible to participate according to this section prior to receiving a prize. Boom Fantasy reserves the right to terminate your account and withhold or revoke the awarding of any prizes associated with an ineligible account.
You may establish, maintain, use, and control only one account on the Service. In the event Boom Fantasy determines that you have opened, maintained, used, or controlled more than one account, in addition to any other rights that Boom Fantasy may have, Boom Fantasy reserves the right to limit, suspend or terminate any or all of your accounts and terminate, withhold, or revoke the awarding of any prizes.
Boom Fantasy employees may use the Service for the purpose of testing the user experience, but are not eligible to win money or prizes.
Athletes, coaches and other team management, team support personnel, and team owners may not participate in any Boom Fantasy contests in the sport or sports with which they’re associated. Team owners, referees, league employees, sports commissioners, and other individuals who through an ownership interest or game-related employment can influence the gameplay are also ineligible.
4. Conditions of Participation
Registration
In order to participate in a contest on the Service, you must register for an account. By registering as a user of the Service, you agree to provide accurate, current, and complete information about yourself as prompted (such information being the “Registration Data”), and maintain and promptly update the Registration Data to keep it accurate, current, and complete. If you provide any information that is inaccurate, not current or incomplete, or Boom Fantasy has reasonable grounds to suspect that such information is inaccurate, not current, or incomplete, Boom Fantasy may deny you access to areas requiring registration, or terminate your account, at its sole discretion.
Account Password and Security
At the time of registration for account access, you must provide a valid email address or phone number and supply an email address and Password to be used in conjunction with your account. You may not use an email address that Boom Fantasy in its sole discretion deems offensive. Many portions of the Service require registration for access (the "Restricted Areas"). You are responsible for maintaining the confidentiality of your email address and Password, and are fully responsible for all uses of your Username and Password, whether by you or others. You agree to (a) keep your email address and Password confidential and not share them with anyone else; (b) immediately notify Boom Fantasy of any unauthorized use of your email address and Password or account or any other breach of security; and (c) use only your own email address and Password to access the Service’s Restricted Areas. Boom Fantasy cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
You acknowledge and agree that Boom Fantasy is authorized to act on instructions received through the use of your email address and Password, and that Boom Fantasy may, but is not obligated to, deny access or block any transaction made through use of your email address and Password without prior notice if we believe your email address and Password are being used by someone other than you, or for any other reason.
Boom Fantasy may require you to change your email address or may unilaterally change your email address
Communications and Information Practices
As a result of your registration for the Service, you may receive communications from Boom Fantasy. You understand and agree that these communications are part of your registration, and that, to the extent required by law, you may opt out of receiving these communications at any time by either using the unsubscribe functionality or sending an email to support@boomfantasy.com. Following such an opt-out, we may still communicate with you via email to the extent permitted by applicable law.
Disqualification and Cancellation
Boom Fantasy also reserves that right to cancel contests, in our sole discretion, without any restrictions. Boom Fantasy, in its sole discretion, may disqualify you from a contest or the entire Service, refuse to award prizes and require the return of any prizes, or suspend or terminate your account if you engage in conduct Boom Fantasy deems, in its sole discretion, to be improper, unfair, or otherwise adverse to the operation of the Service or in any way detrimental to other users. Improper conduct includes, but is not limited to: falsifying personal information required to use the Service or claim a prize; violating any of these rules, or other automated means; tampering with the administration of the Service or trying to in any way tamper with the computer programs associated with the Service; obtaining other entrants’ information and spamming other entrants; and abusing the Service in any way; or otherwise violating these Terms of Service. You acknowledge that the forfeiture and/or return of any prize shall in no way prevent Boom Fantasy from pursuing criminal or civil proceedings in connection with such conduct.
If for any reason the Service is not running as originally planned, Boom Fantasy 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 Service, and select the winner(s) from all eligible entries received. If such cancellation, termination, modification or suspension occurs, notification may be posted on the App. Additionally, Boom Fantasy reserves the right to void any pick due to a projection error. Entries including clear and obvious errors will be voided. Boom Fantasy also reserves the right to void any entries due to unforeseen technical issues.
The failure of Boom Fantasy to comply with any provision of these Terms due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, pandemic, act of public enemies, actions of governmental authorities outside of the control of Boom Fantasy (excepting compliance with applicable codes and regulations), or other force majeure event will not be considered a breach of these Terms.
Boom Fantasy is not affiliated with or sponsored by any professional sports league.
Publicity
By entering a contest, you consent to Boom Fantasy’s and its service providers’ and business partners’ use of your name, voice, likeness, and photograph in connection with the development, production, distribution and/or exploitation (including marketing and promotion) of the selected contest and/or other Boom Fantasy contests and Boom Fantasy generally, unless otherwise prohibited by law. Boom Shakalaka, Inc. and its business partners reserve the right to make public statements about the entrants and winner(s), on-air, on the Internet, or otherwise, prior to, during, or following the contest. Entrants agree that Boom Shakalaka, Inc. may announce any winner's name on-air or on any of its websites or any other location at any time in connection with the marketing and promotion of Boom Fantasy or other contests or games operated by Boom Shakalaka, Inc. You agree that participation in and (where applicable) the winning of a prize in connection with a contest constitute complete compensation for your obligations under this paragraph, and you agree not to seek to charge a fee or impose other conditions on the fulfillment of these obligations. The rules specific to certain contests may contain additional publicity obligations or may require a written signature on a separate publicity waiver.
5. Game Rules
Game of Skill
Boom Fantasy is a game of skill. For each contest, winners are determined by the individuals who use their skill and knowledge to accumulate the most points. All real-money contests in Boom Fantasy include a minimum of two sporting events.
Entry Fees
Each Boom Fantasy contest has an entry fee listed in US dollars. Some contests are free to play. When you participate in a contest, that amount in US dollars will be debited from your Boom Fantasy account. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the person in whose Username the entry was submitted, or if possession of the Username itself is contested and in Boom Fantasy’s opinion sufficiently uncertain, the name in which the email address on file was registered with the email service provider. Boom Fantasy reserves the right not to award a prize to an individual it believes in its sole discretion did not submit the winning entry.
Contest Terms
Boom Fantasy offers contests for multiple professional sports events taking place on a single day or multiple days.
Prizes
After each contest ends, the tentative winners are announced but remain subject to final verification. The players in each contest who accumulate the most points and comply with eligibility requirements and applicable rules will win prizes as set out in the posted contest details. Prizes are added to the winning user's account balance. In the event of a tie, the prize is divided evenly between the tied players, unless otherwise specified.
Boom Fantasy offers a number of different types of contests. For each contest, the entry fees and total prizes are announced in advance.
Prize calculations are based on the results as of the time when final scoring is tabulated by Boom Fantasy. We reserve the right to make adjustments based on errors or irregularities in the transmission of information to us or in our calculation of results. We also may make adjustments in the event of noncompliance with the Terms. Boom Fantasy has no obligation to delay the awarding of a prize in anticipation of any adjustment, and we reserve the right to reverse payments in the event of any adjustment. You agree to cooperate with our efforts to reverse payments.
No substitution or transfer of a prize is permitted. All taxes associated with the receipt or use of any prize are the sole responsibility of the winner. In the event that the awarding of any prizes to winners of the Contest is challenged by any legal authority, Boom Fantasy reserves the right in its sole discretion to determine whether or not to award or adjust such prizes. In all disputes arising out of the determination of the winner of Boom Fantasy contests, Boom Shakalaka, Inc. is the sole judge and its actions are final and binding. This includes situations where a game ends early or where a player is classified incorrectly due to Boom’s error. In such instances, Boom will decide in its sole discretion a suitable solution, if there is a solution at all.
Notification
Winners are generally posted on the App after the conclusion of each contest. Winners may be requested to return via email or regular mail an affidavit of eligibility, a publicity agreement and appropriate tax forms by a specified deadline. Failure to comply with this requirement can result in disqualification. Any prize notification returned as undeliverable may result in disqualification and selection of an alternate winner. In addition, a list of winners and winners’ names for each competition period may be obtained by writing to: Boom Shakalaka, Inc. located at 530 7th Ave - Floor M1, New York, NY 10018.
Solely for free to play winners–if a potential Winner cannot be reached, is found to be ineligible, cannot or does not comply with these Official Rules, or if Prize (as defined below) or prize notification is unclaimed or returned as undeliverable, including, but not limited to, if the Winner fails to withdraw their Prize within a reasonable time as determined by Sponsors but in no event later than twelve (12) months from the date of last activity on the Platform, such potential Winner may be disqualified from the Contest(s) and/or have Prize(s) forfeited.
Taxation
Each year all winners who have won $600 or more in profit over the previous year must provide updated address and social security details to Boom Shakalaka, Inc. located at 530 7th Ave - Floor M1, New York, NY 10018.
These details will be used to file a 1099-MISC with the Internal Revenue Service.
Bonuses and Promotions
We frequently offer bonus funds to newly depositing users and for other marketing purposes. In the event of abuse of the bonus funds system by any user, Boom Fantasy reserves the right to retract your user bonus funds.
Bonus funds may have a playthrough requirement. Once the user satisfies the playthrough requirement, the bonus funds are converted to cash and can be withdrawn.
Bonus funds cannot be withdrawn by a user.
Important Notice: Engaging in practices such as using bonus funds to place entries on both the over and under in order to guarantee a profit is strictly prohibited. Violating this policy may result in the permanent restriction of your Boom Fantasy account and forfeiture of any Bonus Funds.
Withdrawals Generally
Withdrawals are processed back to the original deposit method, unless not permitted otherwise by original deposit source . If the withdrawal amount exceeds the deposit amount, the excess funds are processed via a withdrawal method of choice, with such withdrawal methods being subject to change in Boom Fantasy’s discretion.
For all withdrawals we may require your full name, valid mailing address, date of birth, and social security number in order to file the appropriate tax forms at year end. We also may conduct checks for Terms compliance, and we may request additional information before permitting a withdrawal.
6. Conduct
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Boom Fantasy. By way of example, and not as a limitation, you agree not to:
• abuse, harass, impersonate, intimidate or threaten other Boom Fantasy users;
• post or transmit, or cause to be posted or transmitted, anything that is infringing, libelous, defamatory, abusive, offensive, obscene, pornographic or otherwise violates any law or right of any third party;
• use the Service for any unauthorized purpose, or in violation of any applicable law, including intellectual property laws;
• post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Boom Fantasy user;
• create or submit unwanted email ("Spam") to any other Boom Fantasy users;
• infringe upon the intellectual property rights of Boom Fantasy, its users, or any third party;
• submit comments linking to affiliate programs, multi-level marketing schemes, sites repurposing existing stories or off-topic content;
• post, email, transmit, upload, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed or functioning to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
• use any third-party script, scripting program, robot, spider, scraper, sniping software or other automated means to access the Service for any purpose (except for RSS feed access) without our express written permission. Additionally, you agree that you will not: (1) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (2) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (3) bypass any measures we may use to prevent or restrict access to the Service;
• use artificial means, including creating multiple user accounts, to inflate your position and standing with the Boom Fantasy leaderboards and community;
• advertise to, or solicit, any user to buy or sell any products or Service, or use any information obtained from the Service in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
• sell or otherwise transfer your profile;
• attempt to influence the play in any sports event that is the subject of a competition on Boom Fantasy in which you are involved or in which you have a direct or indirect interest.
Violation of our rules may result in the removal of your Content from the Service and/or the canceling of your account. You acknowledge and agree that Boom Fantasy may remove any User Content and terminate any Boom Fantasy account at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content). To report Terms of Service violations, please contact us at support@boomfantasy.com.
Dormancy
If you have not placed a real money entry or made a deposit to your account within a period of nine (9) consecutive months, your account may be classified as dormant. Subject to applicable law, we reserve the right to charge a dormant account fee of $5 every month that your account remains dormant.
User Content
You understand that all Content made available on the Service by a user (“User Content”), including but not limited to profile information and communications with other users, is the sole responsibility of the person from which such User Content originated. This means that you, not Boom Fantasy, are entirely responsible for all User Content that you upload, post, share, email, transmit, or otherwise make available via the Service. Under no circumstances will Boom Fantasy be liable in any way for any User Content.
You acknowledge that Boom Fantasy may or may not pre-screen User Content, but that Boom Fantasy and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, permanently delete, undelete, modify and/or move any User Content available via the Service. Without limiting the foregoing, Boom Fantasy and its designees shall have the right to remove any User Content that violates these Terms or is otherwise objectionable in Boom Fantasy's sole discretion. You understand that by using the Service, you may be exposed to User Content that you may consider to be offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or disclosure of any User Content. You further acknowledge and agree that you bear the sole risk of reliance on any Content available on or through the Service.
With respect to User Content you submit or otherwise make available on or to the Service, you grant Boom Fantasy an irrevocable, fully sub-licensable, perpetual, world-wide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such User Content (in whole or in part), and to incorporate such User Content into other works, in any format or medium now known or later developed.
You are solely responsible for your interactions with other users of the Service. Boom Fantasy reserves the right, but has no obligation, to monitor disputes between you and other users.
7. Indemnity
You agree to release and to indemnify, defend and hold harmless Boom Fantasy and its parents, subsidiaries, affiliates and agencies, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities, from and against any and all losses, liabilities, expenses, damages, costs (including attorneys’ fees and court costs) claims or actions of any kind whatsoever arising or resulting from your use of the Service, your violation of these Terms of Service, your receipt, ownership, use or misuse of any prize, and any of your acts or omissions that implicate publicity rights, defamation or invasion of privacy. Boom Fantasy reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Boom Fantasy in the defense of such matter.
8. Warranty Disclaimers
You expressly understand and agree that your use of the Service is at your sole risk. The Services (including the Service and the Content) are provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. You acknowledge that Boom Fantasy has no control over, and no duty to take any action regarding: which users gain access to or use the Service; what affects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Boom Fantasy from all liability for you having acquired or not acquired Content through the Service. The Service may contain, or direct you to other websites containing information that some people may find offensive or inappropriate. Boom Fantasy makes no representations concerning any Content contained in or accessed through the Service, and Boom Fantasy will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.
9. Limitation on Liability
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE AND SERVICE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE AND SERVICE MAY NOT BE SECURE AND MAY BE INTERCEPTED OR LATER ACQUIRED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE AND SERVICE IS AT YOUR OWN RISK. RECOGNIZING SUCH, YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER BOOM FANTASY NOR ITS SUPPLIERS OR LICENSORS WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES OR ANY OTHER DAMAGES BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY (EVEN IF BOOM FANTASY HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE SITE OR SERVICE; THE USE OR THE INABILITY TO USE THE SITE OR SERVICE; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR SERVICE; ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; ANY INCORRECT, ILLEGIBLE, MISDIRECTED, STOLEN, INVALID OR INACCURATE ENTRY INFORMATION; HUMAN ERRORS; TECHNICAL MALFUNCTIONS; FAILURES, INCLUDING PUBLIC UTILITY OR TELEPHONE OUTAGES; OMISSIONS, INTERRUPTIONS, LATENCY, DELETIONS OR DEFECTS OF ANY DEVICE OR NETWORK, PROVIDERS, OR SOFTWARE (INCLUDING, BUT NOT LIMITED TO, THOSE THAT DO NOT PERMIT AN ENTRANT TO PARTICIPATE IN THE SERVICE); ANY INJURY OR DAMAGE TO COMPUTER EQUIPMENT; INABILITY TO FULLY ACCESS THE SITE OR SERVICE OR ANY OTHER WEBSITE; THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ENTRIES, IMAGES OR OTHER CONTENT OF ANY KIND; DATA THAT IS PROCESSED LATE OR INCORRECTLY OR IS INCOMPLETE OR LOST; TYPOGRAPHICAL, PRINTING OR OTHER ERRORS, OR ANY COMBINATION THEREOF; OR ANY OTHER MATTER RELATING TO THE SITE OR SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BOOM FANTASY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO BOOM FANTASY FOR GENERAL USE OF THE SITE OR SERVICE DURING THE TERM OF YOUR REGISTRATION FOR THE SITE, NOT INCLUDING ANY ENTRY FEES FOR CONTESTS COMPLETED PRIOR TO THE CIRCUMSTANCES GIVING RISE TO THE CLAIM.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
10. Our Proprietary Rights
All title, ownership, and intellectual property rights in and to the Service are owned by Boom Shakalaka or its licensors. You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Boom Shakalaka, you agree not to copy, modify, rent, lease, loan, sell, distribute, perform, display or create derivative works based on the Service, in whole or in part.
11. Links
The Service provides, or third parties may provide, links to other web sites or resources. Because Boom Fantasy has no control over such sites and resources, you acknowledge and agree that Boom Fantasy is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Boom Fantasy shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
12. Termination and Suspension
Boom Fantasy may terminate or suspend all or part of the Service and your Boom Fantasy account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms. Upon termination of your account, your right to use the Service will immediately cease. If you wish to terminate your Boom Fantasy account, you may contact us at support@boomfantasy.com.
The following provisions of the Terms survive any termination of these Terms: CONDITIONS OF PARTICIPATION (except for Registration and Account Password and Security); GAME RULES (only Bonuses and Promotions); CONDUCT (only User Content); INDEMNITY; WARRANTY DISCLAIMERS; LIMITATION ON LIABILITY; OUR PROPRIETARY RIGHTS; LINKS; TERMINATION; NO THIRD PARTY BENEFICIARIES; BINDING ARBITRATION AND CLASS ACTION WAIVER; GENERAL INFORMATION.
If your account is subject to a suspension, you must respect the restrictions and limitations imposed on your account as part of the suspension, and you should communicate with Boom Fantasy regarding restoration of your account via support@boomfantasy.com.
13. No Third-Party Beneficiaries
You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to the Terms.
14. Notice and Procedure for Making Claims of Copyright Infringement
Boom Fantasy may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who infringe the intellectual property of others. If you believe that your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, please provide Boom Fantasy a written Notice containing the following information:
• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• a description of the copyrighted work or other intellectual property that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the Service;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Boom Fantasy can be reached in the following ways:
Mail: Boom Shakalaka, Inc. located at 530 7th Ave - Floor M1, New York, NY 10018.
Email: support@boomfantasy.com
To be valid, a Notice must be in writing and must follow the instructions above. Please also use the contact information in this Section to notify us of alleged violations of other intellectual property rights.
15. Binding Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Initial Dispute Resolution
Our Support Department is available at support@boomfantasy.com. Our Support Department is able to resolve most concerns quickly to our players’ satisfaction. The parties shall use their best efforts through this Support Department process to settle any dispute, claim, question, or disagreement and good faith negotiations which shall be a condition to either party initiating a lawsuit or arbitration.
Binding Arbitration
If the parties do not reach an agreed upon solution within a period of 30 days from the time of informal dispute resolution under the Initial Dispute Resolution provision, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Service shall be finally settled by binding arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the American Arbitration Association (the “AAA”), excluding any rules or procedures governing or permitting class actions.
The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
The Commercial Arbitration Rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at +1.800.778.7879.
Location
If you are a resident of the United States, arbitration will take place at any reasonable location within the United States convenient for you.
Class Action Waiver
The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND BOOM FANTASY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exception - Litigation of Intellectual Property and Small Claims Court Claims
Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
30-Day Right to Opt Out
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following address: Boom Shakalaka, Inc. located at 530 7th Ave - Floor M1, New York, NY 10018. The notice must be sent within 30 days of your first use of the Service, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, Boom Fantasy also will not be bound by them.
Changes to This Section
Boom Fantasy will provide 30 days notice of any changes to this section. Changes will become effective on the 30th day, and will apply prospectively only to any claims arising after the 30th day.
For any dispute not subject to arbitration you and Boom Fantasy agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in New York, NY. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
The Terms and the relationship between you and Boom Fantasy shall be governed by the laws of the State of New York without regard to conflict of law provisions.
16. APPLICATION LICENSE
Subject to your compliance with these Terms, Boom Fantasy grants you a limited non-exclusive, non-transferable license to download and install a copy of the app on a single device that you exclusively control and to run such a copy of the app solely for your own personal use. Boom Fantasy reserves all rights in and to the app not expressly granted to you under these Terms. You will not run any version of the app on a jailbroken device.
If you have downloaded our app, you agree to promptly download and install any new version that we make available through the iTunes App Store. Some new versions may contain updated Terms. Some new versions may contain security fixes and service improvements, whether or not we disclose that they do; accordingly, failure to promptly update your version of the App may in some cases expose you to increased security risks or Service malfunctions.
17. ADDITIONAL TERMS FOR OUR iOS APP
You acknowledge and agree that (i) these Terms are concluded between you and Boom Fantasy only, and Apple is not a party hereto, and (ii) as between Boom Fantasy and Apple, it is Boom Fantasy that is responsible for the app and the content thereof. You must use the iOS app only on an Apple-branded product that runs iOS. Your use of the app must comply with the Terms of Service applicable to the Apple source from which you obtain it (including the Usage Rules set forth in the Apple App Store Terms of Service). You acknowledge that Apple has no obligation to furnish you with any maintenance and support services with respect to the app.
You acknowledge that Apple is not responsible for addressing any claims you have or any claims of any third party relating to the app or your possession and use of the app, including, but not limited to (i) product warranty or liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; or (iv) claims that the app infringes a third party’s intellectual property rights.
In the event of any failure of the iOS version of the app to conform to any applicable warranty that has not been effectively disclaimed by these Terms, you may notify Apple, and Apple will refund the purchase price for the app (if any) to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the app, and, as between Apple and Boom Fantasy, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Boom Fantasy’s responsibility, but only to the extent provided by these Terms. Please read the entire Terms, as other sections of these Terms limit Boom Fantasy’s liability in this regard.
Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms. Upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof.
There are no other third-party beneficiaries of the Terms.
18. REFER A FRIEND
DEFINITIONS
In addition to the definitions set forth in our TOS, the following definitions shall apply: "You" shall mean the person inviting a friend via the Program.
"Invited Friend(s)" shall mean each person You invite to to download the Boom app and without having a prior existing user account on the Website, who (i) accesses BoomFantasy.com directly through a Link; (ii) opens a new User Account; (iii) enters, by way of cash deposit into his or her User Account, contests operated by Boom Fantasy; and (iv) who is a legal resident physically located in the fifty (50) states and Washington, DC, excluding those Excluded States (as defined in the Terms of Use).
"Link" shall mean a unique URL link that You use to direct Invited Friend(s) to the Website.
"Net Referral Revenue" shall mean the revenue generated through the Program less an administrative fee to cover promotional or retention bonuses, "charge-backs", any fraudulent activity and a proportion of deposit and withdrawal transaction fees."Program" shall mean the Refer-a-Friend Program described herein.
ELIGIBILITY
You are entitled to participate in the Program and invite your friends and acquaintances to open an User Account. Any person providing the same e-mail address or other user account data as you shall NOT be considered as an Invited Friend. In order to qualify for commission, the Invited Friend(s) may not have previously deposited at the Website under his or her own name. Players are only permitted to have one (1) user account at the website.
INVITATION OPTIONS
The Program offers several options to invite an unlimited number of your friends. All options incorporate the use of a Link, which tracks the invitations you will be sending, as well as the performance of your Invited Friend(s).
Invitation options include the following: (i) e-mail (ii) share where we allow you to tweet or post your personal link through social media; and (iii) promote where you copy your Link and use it however you may wish. If using an e-mail alternative, you represent and warrant that the individuals you are inviting have consented to receive the e-mail invitation and are eighteen (18) years of age or over (or the applicable age in the state/jurisdiction in which the person resides).
COMMISSION FEES & PAYMENTS
This Commission Fees & Payments shall only apply to those Invited Friends who properly registered on the App pursuant to the terms set forth herein. Subject to the minimum referral requirement, commission fees payable to you will be calculated on a calendar month basis in accordance with the following commission structure of 20%.
PAYMENTS
All commissions will be paid out into a user’s account. Boom Fantasy will credit your User Account for commissions earned through the Program by the 10th day of the subsequent calendar month. Any commission balance below $10.00 will be carried forward into the next calendar month until such requisite minimum is met.
Minimum referral requirement: If you fail to acquire a minimum of four (4) new Invited Friends over a six (6) month period, we reserve the right to terminate your active Invited Friends without notice.
Revealing Invited Friend's Account data. By agreeing to participate in the Program, you and the Invited Friend agree to data regarding the level of contest activity being disclosed by Boom Fantasy to one another as appropriate, for the purpose of the Program only.
Marketing Activities and Responsibilities. You shall market to and refer potential Invited Friends to us. You will be solely liable for the content and manner of such marketing activities. All such marketing activities must be professional, proper and lawful under applicable rules, regulations or laws (including any laws in relation to the content and nature of any advertising or marketing) and otherwise comply with the terms of this Agreement. You shall not yourself, nor shall you authorize, assist or encourage any third party to:
1. Offer directly or indirectly to any player, person or entity any consideration, reward, rebates, incentives, discounts or any other benefit for using our Links to access the App with the intent of returning a proportion of the players contest fees paid. Offering such reward schemes are strictly prohibited and will be considered as a breach of this Agreement.
2. Read, intercept, modify, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to us by any other person;
3. In any way alter, modify, redirect, interfere, suppress, or substitute the operation of any button, link, or other interactive feature of BoomFantasy.com
4. Take any action that could reasonably cause any end-user confusion as to our relationship with you or any third party, or as to the ownership or operation of the site;
5. Register as a Player or make deposits to any Player Account (directly or indirectly) through your Link for your own personal use and/or the use of your relatives, friends, employees, agents or advisors, or otherwise attempt to artificially increase the commission fees payable to you, to meet your minimum acquisition requirements or in any other way attempt to defraud us.
6. Promote Boom Fantasy and/or our Contests as or to illegal gambling, adult content, or as a warez/hacker site, or promote, advertise Boom Fantasy and/or our Contests on any illegal gambling, adult content or warez/hacker sites, or otherwise link to any illegal gambling, adult or warez/hacker sites. Such adult content sites contain content that includes, without limitation, nudity, pornography, or sexually explicit or adult-related materials;
7. Implement any technique or technology that posts or serves any advertisements or promotional content around or in conjunction with the display of our websites (e.g., "framing" or pop-up windows),
8. Use any form of unsolicited commercial e-mail (SPAM);
9. Violate of the terms of service of, or Abusing, social media websites such as Facebook, Twitter, Instagram, Craigslist, or any and all others in connection with your marketing activities (for purposes hereof, "Abuse" shall mean spamming, sending any unsolicited mass mailing or instant messaging, using social media websites for commercial purposes)
10. Seek to purchase or register (or purchase or register) any keywords, search terms or other identifiers that include the word "Boom Fantasy" or variations thereof for use in any search engine, portal, sponsored advertising service or other search or referral service; Promote Boom Fantasy and/or our contests in a profane, obscene or unlawful manner. In addition, you shall not promote Boom Fantasy and/or our Contests in any manner that could be reasonably construed as damaging to Boom Fantasy; or
11. Promote any deposit bonus or incentivize referrals without explicit written permission from Boom Fantasy
If we determine, in our sole discretion, that you have engaged in any of the foregoing activities, we may (without limiting any other rights or remedies available to us) withhold any commission fees otherwise payable to you under this Agreement and/or terminate this agreement. We reserve the right to change or cancel the Program at any time without prior notice.
All activity is governed by Boom Fantasy’s Terms of Service.
19. Deposit Bonuses
All new users are eligible for a no sweat first entry up to $100. You will receive the cash portion of your first entry back in bonus funds if your first entry loses. Bonus funds are not eligible for a no sweat entry refund. If your first entry wins, you’ll receive your winnings in cash. Additionally, users that previously received a deposit match will not be eligible for the offer. Users who had their first entry canceled and refunded won’t be eligible for the offer. Users who apply Coverage to their first entry and win any payout from that entry will not be eligible for a no sweat refund. Boom Fantasy reserves the right to retract any deposit bonus at their sole discretion.
20. GENERAL INFORMATION
Entire Agreement
These Terms (and any additional terms, rules and conditions of participation in particular contests that Boom Fantasy may post on the Service) constitute the entire agreement between you and Boom Fantasy with respect to the Service and supersedes any prior agreements, oral or written, between you and Boom Fantasy. In the event of a conflict between these Terms and the additional terms, rules and conditions of participation in particular contests, the latter will prevail over the Terms to the extent of the conflict.
Waiver and Severability of Terms
The failure of Boom Fantasy to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Section Titles
The section titles in the Terms are for convenience only and have no legal or contractual effect.
Communications
Users with questions, complaints or claims with respect to the Service may contact us using the relevant contact information set forth below.
Mail: Boom Shakalaka, Inc. located at 530 7th Ave - Floor M1, New York, NY 10018.
Email: support@boomfantasy.com
• You are not any member, officer, employee or agent of Boom Shakalaka, Inc;
• You are not any spouse, child, brother, sister or parent residing as a member of the same household in the principal place of abode of any member, officer, employee or agent of Boom Shakalaka, Inc;
• You are not any individual with access to non-public confidential information about contests; and
• You are not any amateur or professional athlete whose performance may be used to determine the outcome of a contest;
• You are not any sports agent, team employee, referee, or league official associated with any sport or athletic event on which contests are based; and
• You are not listed on any U.S. Government list of prohibited or restricted parties;
• You will abide at all times by these Terms of Service and any other agreements between you and Boom Fantasy regarding your use of the Service or participation in games; and
• All payments into your Account must be from a payment source on which you are the named Accountholder. It shall be a violation of these Terms for you to submit payment using any payment method for which you are not the named account holder.
• 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 are not any individual located in a state where the conduct of contests is expressly prohibited.
• You are not any individual who has opted into the self-exclusion feature of the Service.
If you do not meet the eligibility requirements of this section, then you are not authorized to use the Service. Boom Fantasy may require you to provide proof that you are eligible to participate according to this section prior to receiving a prize. Boom Fantasy reserves the right to terminate your account and withhold or revoke the awarding of any prizes associated with an ineligible account.
You may establish, maintain, use, and control only one account on the Service. In the event Boom Fantasy determines that you have opened, maintained, used, or controlled more than one account, in addition to any other rights that Boom Fantasy may have, Boom Fantasy reserves the right to limit, suspend or terminate any or all of your accounts and terminate, withhold, or revoke the awarding of any prizes.
Boom Fantasy employees may use the Service for the purpose of testing the user experience, but are not eligible to win money or prizes.
Athletes, coaches and other team management, team support personnel, and team owners may not participate in any Boom Fantasy contests in the sport or sports with which they’re associated. Team owners, referees, league employees, sports commissioners, and other individuals who through an ownership interest or game-related employment can influence the gameplay are also ineligible.
4. Conditions of Participation
Registration
In order to participate in a contest on the Service, you must register for an account. By registering as a user of the Service, you agree to provide accurate, current, and complete information about yourself as prompted (such information being the “Registration Data”), and maintain and promptly update the Registration Data to keep it accurate, current, and complete. If you provide any information that is inaccurate, not current or incomplete, or Boom Fantasy has reasonable grounds to suspect that such information is inaccurate, not current, or incomplete, Boom Fantasy may deny you access to areas requiring registration, or terminate your account, at its sole discretion.
Account Password and Security
At the time of registration for account access, you must provide a valid email address or phone number and supply an email address and Password to be used in conjunction with your account. You may not use an email address that Boom Fantasy in its sole discretion deems offensive. Many portions of the Service require registration for access (the "Restricted Areas"). You are responsible for maintaining the confidentiality of your email address and Password, and are fully responsible for all uses of your Username and Password, whether by you or others. You agree to (a) keep your email address and Password confidential and not share them with anyone else; (b) immediately notify Boom Fantasy of any unauthorized use of your email address and Password or account or any other breach of security; and (c) use only your own email address and Password to access the Service’s Restricted Areas. Boom Fantasy cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
You acknowledge and agree that Boom Fantasy is authorized to act on instructions received through the use of your email address and Password, and that Boom Fantasy may, but is not obligated to, deny access or block any transaction made through use of your email address and Password without prior notice if we believe your email address and Password are being used by someone other than you, or for any other reason.
Boom Fantasy may require you to change your email address or may unilaterally change your email address
Communications and Information Practices
As a result of your registration for the Service, you may receive communications from Boom Fantasy. You understand and agree that these communications are part of your registration, and that, to the extent required by law, you may opt out of receiving these communications at any time by either using the unsubscribe functionality or sending an email to support@boomfantasy.com. Following such an opt-out, we may still communicate with you via email to the extent permitted by applicable law.
Disqualification and Cancellation
Boom Fantasy also reserves that right to cancel contests, in our sole discretion, without any restrictions. Boom Fantasy, in its sole discretion, may disqualify you from a contest or the entire Service, refuse to award prizes and require the return of any prizes, or suspend or terminate your account if you engage in conduct Boom Fantasy deems, in its sole discretion, to be improper, unfair, or otherwise adverse to the operation of the Service or in any way detrimental to other users. Improper conduct includes, but is not limited to: falsifying personal information required to use the Service or claim a prize; violating any of these rules, or other automated means; tampering with the administration of the Service or trying to in any way tamper with the computer programs associated with the Service; obtaining other entrants’ information and spamming other entrants; and abusing the Service in any way; or otherwise violating these Terms of Service. You acknowledge that the forfeiture and/or return of any prize shall in no way prevent Boom Fantasy from pursuing criminal or civil proceedings in connection with such conduct.
If for any reason the Service is not running as originally planned, Boom Fantasy 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 Service, and select the winner(s) from all eligible entries received. If such cancellation, termination, modification or suspension occurs, notification may be posted on the App. Additionally, Boom Fantasy reserves the right to void any pick due to a projection error. Entries including clear and obvious errors will be voided. Boom Fantasy also reserves the right to void any entries due to unforeseen technical issues.
The failure of Boom Fantasy to comply with any provision of these Terms due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, pandemic, act of public enemies, actions of governmental authorities outside of the control of Boom Fantasy (excepting compliance with applicable codes and regulations), or other force majeure event will not be considered a breach of these Terms.
Boom Fantasy is not affiliated with or sponsored by any professional sports league.
Publicity
By entering a contest, you consent to Boom Fantasy’s and its service providers’ and business partners’ use of your name, voice, likeness, and photograph in connection with the development, production, distribution and/or exploitation (including marketing and promotion) of the selected contest and/or other Boom Fantasy contests and Boom Fantasy generally, unless otherwise prohibited by law. Boom Shakalaka, Inc. and its business partners reserve the right to make public statements about the entrants and winner(s), on-air, on the Internet, or otherwise, prior to, during, or following the contest. Entrants agree that Boom Shakalaka, Inc. may announce any winner's name on-air or on any of its websites or any other location at any time in connection with the marketing and promotion of Boom Fantasy or other contests or games operated by Boom Shakalaka, Inc. You agree that participation in and (where applicable) the winning of a prize in connection with a contest constitute complete compensation for your obligations under this paragraph, and you agree not to seek to charge a fee or impose other conditions on the fulfillment of these obligations. The rules specific to certain contests may contain additional publicity obligations or may require a written signature on a separate publicity waiver.
5. Game Rules
Game of Skill
Boom Fantasy is a game of skill. For each contest, winners are determined by the individuals who use their skill and knowledge to accumulate the most points. All real-money contests in Boom Fantasy include a minimum of two sporting events.
Entry Fees
Each Boom Fantasy contest has an entry fee listed in US dollars. Some contests are free to play. When you participate in a contest, that amount in US dollars will be debited from your Boom Fantasy account. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the person in whose Username the entry was submitted, or if possession of the Username itself is contested and in Boom Fantasy’s opinion sufficiently uncertain, the name in which the email address on file was registered with the email service provider. Boom Fantasy reserves the right not to award a prize to an individual it believes in its sole discretion did not submit the winning entry.
Contest Terms
Boom Fantasy offers contests for multiple professional sports events taking place on a single day or multiple days.
Prizes
After each contest ends, the tentative winners are announced but remain subject to final verification. The players in each contest who accumulate the most points and comply with eligibility requirements and applicable rules will win prizes as set out in the posted contest details. Prizes are added to the winning user's account balance. In the event of a tie, the prize is divided evenly between the tied players, unless otherwise specified.
Boom Fantasy offers a number of different types of contests. For each contest, the entry fees and total prizes are announced in advance.
Prize calculations are based on the results as of the time when final scoring is tabulated by Boom Fantasy. We reserve the right to make adjustments based on errors or irregularities in the transmission of information to us or in our calculation of results. We also may make adjustments in the event of noncompliance with the Terms. Boom Fantasy has no obligation to delay the awarding of a prize in anticipation of any adjustment, and we reserve the right to reverse payments in the event of any adjustment. You agree to cooperate with our efforts to reverse payments.
No substitution or transfer of a prize is permitted. All taxes associated with the receipt or use of any prize are the sole responsibility of the winner. In the event that the awarding of any prizes to winners of the Contest is challenged by any legal authority, Boom Fantasy reserves the right in its sole discretion to determine whether or not to award or adjust such prizes. In all disputes arising out of the determination of the winner of Boom Fantasy contests, Boom Shakalaka, Inc. is the sole judge and its actions are final and binding. This includes situations where a game ends early or where a player is classified incorrectly due to Boom’s error. In such instances, Boom will decide in its sole discretion a suitable solution, if there is a solution at all.
Notification
Winners are generally posted on the App after the conclusion of each contest. Winners may be requested to return via email or regular mail an affidavit of eligibility, a publicity agreement and appropriate tax forms by a specified deadline. Failure to comply with this requirement can result in disqualification. Any prize notification returned as undeliverable may result in disqualification and selection of an alternate winner. In addition, a list of winners and winners’ names for each competition period may be obtained by writing to: Boom Shakalaka, Inc. located at 530 7th Ave - Floor M1, New York, NY 10018.
Solely for free to play winners–if a potential Winner cannot be reached, is found to be ineligible, cannot or does not comply with these Official Rules, or if Prize (as defined below) or prize notification is unclaimed or returned as undeliverable, including, but not limited to, if the Winner fails to withdraw their Prize within a reasonable time as determined by Sponsors but in no event later than twelve (12) months from the date of last activity on the Platform, such potential Winner may be disqualified from the Contest(s) and/or have Prize(s) forfeited.
Taxation
Each year all winners who have won $600 or more in profit over the previous year must provide updated address and social security details to Boom Shakalaka, Inc. located at 530 7th Ave - Floor M1, New York, NY 10018.
These details will be used to file a 1099-MISC with the Internal Revenue Service.
Bonuses and Promotions
We frequently offer bonus funds to newly depositing users and for other marketing purposes. In the event of abuse of the bonus funds system by any user, Boom Fantasy reserves the right to retract your user bonus funds.
Bonus funds may have a playthrough requirement. Once the user satisfies the playthrough requirement, the bonus funds are converted to cash and can be withdrawn.
Bonus funds cannot be withdrawn by a user.
Withdrawals Generally
Withdrawals are processed back to the original deposit method. If the withdrawal amount exceeds the deposit amount, the excess funds are processed via a withdrawal method of choice, with such withdrawal methods being subject to change in Boom Fantasy’s discretion.
For all withdrawals we require your full name, valid mailing address, date of birth, and social security number in order to file the appropriate tax forms at year end. We also may conduct checks for Terms compliance, and we may request additional information before permitting a withdrawal.
6. Conduct
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Boom Fantasy. By way of example, and not as a limitation, you agree not to:
• abuse, harass, impersonate, intimidate or threaten other Boom Fantasy users;
• post or transmit, or cause to be posted or transmitted, anything that is infringing, libelous, defamatory, abusive, offensive, obscene, pornographic or otherwise violates any law or right of any third party;
• use the Service for any unauthorized purpose, or in violation of any applicable law, including intellectual property laws;
• post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Boom Fantasy user;
• create or submit unwanted email ("Spam") to any other Boom Fantasy users;
• infringe upon the intellectual property rights of Boom Fantasy, its users, or any third party;
• submit comments linking to affiliate programs, multi-level marketing schemes, sites repurposing existing stories or off-topic content;
• post, email, transmit, upload, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed or functioning to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
• use any third-party script, scripting program, robot, spider, scraper, sniping software or other automated means to access the Service for any purpose (except for RSS feed access) without our express written permission. Additionally, you agree that you will not: (1) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (2) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (3) bypass any measures we may use to prevent or restrict access to the Service;
• use artificial means, including creating multiple user accounts, to inflate your position and standing with the Boom Fantasy leaderboards and community;
• advertise to, or solicit, any user to buy or sell any products or Service, or use any information obtained from the Service in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
• sell or otherwise transfer your profile;
• attempt to influence the play in any sports event that is the subject of a competition on Boom Fantasy in which you are involved or in which you have a direct or indirect interest.
Violation of our rules may result in the removal of your Content from the Service and/or the canceling of your account. You acknowledge and agree that Boom Fantasy may remove any User Content and terminate any Boom Fantasy account at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content). To report Terms of Service violations, please contact us at support@boomfantasy.com.
Dormancy
If you have not placed a real money entry or made a deposit to your account within a period of nine (9) consecutive months, your account may be classified as dormant. Subject to applicable law, we reserve the right to charge a dormant account fee of $5 every month that your account remains dormant.
User Content
You understand that all Content made available on the Service by a user (“User Content”), including but not limited to profile information and communications with other users, is the sole responsibility of the person from which such User Content originated. This means that you, not Boom Fantasy, are entirely responsible for all User Content that you upload, post, share, email, transmit, or otherwise make available via the Service. Under no circumstances will Boom Fantasy be liable in any way for any User Content.
You acknowledge that Boom Fantasy may or may not pre-screen User Content, but that Boom Fantasy and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, permanently delete, undelete, modify and/or move any User Content available via the Service. Without limiting the foregoing, Boom Fantasy and its designees shall have the right to remove any User Content that violates these Terms or is otherwise objectionable in Boom Fantasy's sole discretion. You understand that by using the Service, you may be exposed to User Content that you may consider to be offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or disclosure of any User Content. You further acknowledge and agree that you bear the sole risk of reliance on any Content available on or through the Service.
With respect to User Content you submit or otherwise make available on or to the Service, you grant Boom Fantasy an irrevocable, fully sub-licensable, perpetual, world-wide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such User Content (in whole or in part), and to incorporate such User Content into other works, in any format or medium now known or later developed.
You are solely responsible for your interactions with other users of the Service. Boom Fantasy reserves the right, but has no obligation, to monitor disputes between you and other users.
7. Indemnity
You agree to release and to indemnify, defend and hold harmless Boom Fantasy and its parents, subsidiaries, affiliates and agencies, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities, from and against any and all losses, liabilities, expenses, damages, costs (including attorneys’ fees and court costs) claims or actions of any kind whatsoever arising or resulting from your use of the Service, your violation of these Terms of Service, your receipt, ownership, use or misuse of any prize, and any of your acts or omissions that implicate publicity rights, defamation or invasion of privacy. Boom Fantasy reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Boom Fantasy in the defense of such matter.
8. Warranty Disclaimers
You expressly understand and agree that your use of the Service is at your sole risk. The Services (including the Service and the Content) are provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. You acknowledge that Boom Fantasy has no control over, and no duty to take any action regarding: which users gain access to or use the Service; what affects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Boom Fantasy from all liability for you having acquired or not acquired Content through the Service. The Service may contain, or direct you to other websites containing information that some people may find offensive or inappropriate. Boom Fantasy makes no representations concerning any Content contained in or accessed through the Service, and Boom Fantasy will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.
9. Limitation on Liability
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE AND SERVICE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE AND SERVICE MAY NOT BE SECURE AND MAY BE INTERCEPTED OR LATER ACQUIRED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE AND SERVICE IS AT YOUR OWN RISK. RECOGNIZING SUCH, YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER BOOM FANTASY NOR ITS SUPPLIERS OR LICENSORS WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES OR ANY OTHER DAMAGES BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY (EVEN IF BOOM FANTASY HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE SITE OR SERVICE; THE USE OR THE INABILITY TO USE THE SITE OR SERVICE; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR SERVICE; ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; ANY INCORRECT, ILLEGIBLE, MISDIRECTED, STOLEN, INVALID OR INACCURATE ENTRY INFORMATION; HUMAN ERRORS; TECHNICAL MALFUNCTIONS; FAILURES, INCLUDING PUBLIC UTILITY OR TELEPHONE OUTAGES; OMISSIONS, INTERRUPTIONS, LATENCY, DELETIONS OR DEFECTS OF ANY DEVICE OR NETWORK, PROVIDERS, OR SOFTWARE (INCLUDING, BUT NOT LIMITED TO, THOSE THAT DO NOT PERMIT AN ENTRANT TO PARTICIPATE IN THE SERVICE); ANY INJURY OR DAMAGE TO COMPUTER EQUIPMENT; INABILITY TO FULLY ACCESS THE SITE OR SERVICE OR ANY OTHER WEBSITE; THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ENTRIES, IMAGES OR OTHER CONTENT OF ANY KIND; DATA THAT IS PROCESSED LATE OR INCORRECTLY OR IS INCOMPLETE OR LOST; TYPOGRAPHICAL, PRINTING OR OTHER ERRORS, OR ANY COMBINATION THEREOF; OR ANY OTHER MATTER RELATING TO THE SITE OR SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BOOM FANTASY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO BOOM FANTASY FOR GENERAL USE OF THE SITE OR SERVICE DURING THE TERM OF YOUR REGISTRATION FOR THE SITE, NOT INCLUDING ANY ENTRY FEES FOR CONTESTS COMPLETED PRIOR TO THE CIRCUMSTANCES GIVING RISE TO THE CLAIM.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
10. Our Proprietary Rights
All title, ownership, and intellectual property rights in and to the Service are owned by Boom Shakalaka or its licensors. You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Boom Shakalaka, you agree not to copy, modify, rent, lease, loan, sell, distribute, perform, display or create derivative works based on the Service, in whole or in part.
11. Links
The Service provides, or third parties may provide, links to other web sites or resources. Because Boom Fantasy has no control over such sites and resources, you acknowledge and agree that Boom Fantasy is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Boom Fantasy shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
12. Termination and Suspension
Boom Fantasy may terminate or suspend all or part of the Service and your Boom Fantasy account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms. Upon termination of your account, your right to use the Service will immediately cease. If you wish to terminate your Boom Fantasy account, you may contact us at support@boomfantasy.com.
The following provisions of the Terms survive any termination of these Terms: CONDITIONS OF PARTICIPATION (except for Registration and Account Password and Security); GAME RULES (only Bonuses and Promotions); CONDUCT (only User Content); INDEMNITY; WARRANTY DISCLAIMERS; LIMITATION ON LIABILITY; OUR PROPRIETARY RIGHTS; LINKS; TERMINATION; NO THIRD PARTY BENEFICIARIES; BINDING ARBITRATION AND CLASS ACTION WAIVER; GENERAL INFORMATION.
If your account is subject to a suspension, you must respect the restrictions and limitations imposed on your account as part of the suspension, and you should communicate with Boom Fantasy regarding restoration of your account via support@boomfantasy.com.
13. No Third-Party Beneficiaries
You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to the Terms.
14. Notice and Procedure for Making Claims of Copyright Infringement
Boom Fantasy may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who infringe the intellectual property of others. If you believe that your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, please provide Boom Fantasy a written Notice containing the following information:
• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• a description of the copyrighted work or other intellectual property that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the Service;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Boom Fantasy can be reached in the following ways:
Mail: Boom Shakalaka, Inc. located at 530 7th Ave - Floor M1, New York, NY 10018.
Email: support@boomfantasy.com
To be valid, a Notice must be in writing and must follow the instructions above. Please also use the contact information in this Section to notify us of alleged violations of other intellectual property rights.
15. Binding Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Initial Dispute Resolution
Our Support Department is available at support@boomfantasy.com. Our Support Department is able to resolve most concerns quickly to our players’ satisfaction. The parties shall use their best efforts through this Support Department process to settle any dispute, claim, question, or disagreement and good faith negotiations which shall be a condition to either party initiating a lawsuit or arbitration.
Binding Arbitration
If the parties do not reach an agreed upon solution within a period of 30 days from the time of informal dispute resolution under the Initial Dispute Resolution provision, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Service shall be finally settled by binding arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the American Arbitration Association (the “AAA”), excluding any rules or procedures governing or permitting class actions.
The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
The Commercial Arbitration Rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at +1.800.778.7879.
Location
If you are a resident of the United States, arbitration will take place at any reasonable location within the United States convenient for you.
Class Action Waiver
The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND BOOM FANTASY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exception - Litigation of Intellectual Property and Small Claims Court Claims
Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
30-Day Right to Opt Out
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following address: Boom Shakalaka, Inc. located at 530 7th Ave - Floor M1, New York, NY 10018. The notice must be sent within 30 days of your first use of the Service, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, Boom Fantasy also will not be bound by them.
Changes to This Section
Boom Fantasy will provide 30 days notice of any changes to this section. Changes will become effective on the 30th day, and will apply prospectively only to any claims arising after the 30th day.
For any dispute not subject to arbitration you and Boom Fantasy agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in New York, NY. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
The Terms and the relationship between you and Boom Fantasy shall be governed by the laws of the State of New York without regard to conflict of law provisions.
16. APPLICATION LICENSE
Subject to your compliance with these Terms, Boom Fantasy grants you a limited non-exclusive, non-transferable license to download and install a copy of the app on a single device that you exclusively control and to run such a copy of the app solely for your own personal use. Boom Fantasy reserves all rights in and to the app not expressly granted to you under these Terms. You will not run any version of the app on a jailbroken device.
If you have downloaded our app, you agree to promptly download and install any new version that we make available through the iTunes App Store. Some new versions may contain updated Terms. Some new versions may contain security fixes and service improvements, whether or not we disclose that they do; accordingly, failure to promptly update your version of the App may in some cases expose you to increased security risks or Service malfunctions.
17. ADDITIONAL TERMS FOR OUR iOS APP
You acknowledge and agree that (i) these Terms are concluded between you and Boom Fantasy only, and Apple is not a party hereto, and (ii) as between Boom Fantasy and Apple, it is Boom Fantasy that is responsible for the app and the content thereof. You must use the iOS app only on an Apple-branded product that runs iOS. Your use of the app must comply with the Terms of Service applicable to the Apple source from which you obtain it (including the Usage Rules set forth in the Apple App Store Terms of Service). You acknowledge that Apple has no obligation to furnish you with any maintenance and support services with respect to the app.
You acknowledge that Apple is not responsible for addressing any claims you have or any claims of any third party relating to the app or your possession and use of the app, including, but not limited to (i) product warranty or liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; or (iv) claims that the app infringes a third party’s intellectual property rights.
In the event of any failure of the iOS version of the app to conform to any applicable warranty that has not been effectively disclaimed by these Terms, you may notify Apple, and Apple will refund the purchase price for the app (if any) to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the app, and, as between Apple and Boom Fantasy, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Boom Fantasy’s responsibility, but only to the extent provided by these Terms. Please read the entire Terms, as other sections of these Terms limit Boom Fantasy’s liability in this regard.
Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms. Upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof.
There are no other third-party beneficiaries of the Terms.
18. REFER A FRIEND
DEFINITIONS
In addition to the definitions set forth in our TOS, the following definitions shall apply: "You" shall mean the person inviting a friend via the Program.
"Invited Friend(s)" shall mean each person You invite to to download the Boom app and without having a prior existing user account on the Website, who (i) accesses BoomFantasy.com directly through a Link; (ii) opens a new User Account; (iii) enters, by way of cash deposit into his or her User Account, contests operated by Boom Fantasy; and (iv) who is a legal resident physically located in the fifty (50) states and Washington, DC, excluding those Excluded States (as defined in the Terms of Use).
"Link" shall mean a unique URL link that You use to direct Invited Friend(s) to the Website.
"Net Referral Revenue" shall mean the revenue generated through the Program less an administrative fee to cover promotional or retention bonuses, "charge-backs", any fraudulent activity and a proportion of deposit and withdrawal transaction fees."Program" shall mean the Refer-a-Friend Program described herein.
ELIGIBILITY
You are entitled to participate in the Program and invite your friends and acquaintances to open an User Account. Any person providing the same e-mail address or other user account data as you shall NOT be considered as an Invited Friend. In order to qualify for commission, the Invited Friend(s) may not have previously deposited at the Website under his or her own name. Players are only permitted to have one (1) user account at the website.
INVITATION OPTIONS
The Program offers several options to invite an unlimited number of your friends. All options incorporate the use of a Link, which tracks the invitations you will be sending, as well as the performance of your Invited Friend(s).
Invitation options include the following: (i) e-mail (ii) share where we allow you to tweet or post your personal link through social media; and (iii) promote where you copy your Link and use it however you may wish. If using an e-mail alternative, you represent and warrant that the individuals you are inviting have consented to receive the e-mail invitation and are eighteen (18) years of age or over (or the applicable age in the state/jurisdiction in which the person resides).
COMMISSION FEES & PAYMENTS
This Commission Fees & Payments shall only apply to those Invited Friends who properly registered on the App pursuant to the terms set forth herein. Subject to the minimum referral requirement, commission fees payable to you will be calculated on a calendar month basis in accordance with the following commission structure of 20%.
PAYMENTS
All commissions will be paid out into a user’s account. Boom Fantasy will credit your User Account for commissions earned through the Program by the 10th day of the subsequent calendar month. Any commission balance below $10.00 will be carried forward into the next calendar month until such requisite minimum is met.
Minimum referral requirement: If you fail to acquire a minimum of four (4) new Invited Friends over a six (6) month period, we reserve the right to terminate your active Invited Friends without notice.
Revealing Invited Friend's Account data. By agreeing to participate in the Program, you and the Invited Friend agree to data regarding the level of contest activity being disclosed by Boom Fantasy to one another as appropriate, for the purpose of the Program only.
Marketing Activities and Responsibilities. You shall market to and refer potential Invited Friends to us. You will be solely liable for the content and manner of such marketing activities. All such marketing activities must be professional, proper and lawful under applicable rules, regulations or laws (including any laws in relation to the content and nature of any advertising or marketing) and otherwise comply with the terms of this Agreement. You shall not yourself, nor shall you authorize, assist or encourage any third party to:
1. Offer directly or indirectly to any player, person or entity any consideration, reward, rebates, incentives, discounts or any other benefit for using our Links to access the App with the intent of returning a proportion of the players contest fees paid. Offering such reward schemes are strictly prohibited and will be considered as a breach of this Agreement.
2. Read, intercept, modify, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to us by any other person;
3. In any way alter, modify, redirect, interfere, suppress, or substitute the operation of any button, link, or other interactive feature of BoomFantasy.com
4. Take any action that could reasonably cause any end-user confusion as to our relationship with you or any third party, or as to the ownership or operation of the site;
5. Register as a Player or make deposits to any Player Account (directly or indirectly) through your Link for your own personal use and/or the use of your relatives, friends, employees, agents or advisors, or otherwise attempt to artificially increase the commission fees payable to you, to meet your minimum acquisition requirements or in any other way attempt to defraud us.
6. Promote Boom Fantasy and/or our Contests as or to illegal gambling, adult content, or as a warez/hacker site, or promote, advertise Boom Fantasy and/or our Contests on any illegal gambling, adult content or warez/hacker sites, or otherwise link to any illegal gambling, adult or warez/hacker sites. Such adult content sites contain content that includes, without limitation, nudity, pornography, or sexually explicit or adult-related materials;
7. Implement any technique or technology that posts or serves any advertisements or promotional content around or in conjunction with the display of our websites (e.g., "framing" or pop-up windows),
8. Use any form of unsolicited commercial e-mail (SPAM);
9. Violate of the terms of service of, or Abusing, social media websites such as Facebook, Twitter, Instagram, Craigslist, or any and all others in connection with your marketing activities (for purposes hereof, "Abuse" shall mean spamming, sending any unsolicited mass mailing or instant messaging, using social media websites for commercial purposes)
10. Seek to purchase or register (or purchase or register) any keywords, search terms or other identifiers that include the word "Boom Fantasy" or variations thereof for use in any search engine, portal, sponsored advertising service or other search or referral service; Promote Boom Fantasy and/or our contests in a profane, obscene or unlawful manner. In addition, you shall not promote Boom Fantasy and/or our Contests in any manner that could be reasonably construed as damaging to Boom Fantasy; or
11. Promote any deposit bonus or incentivize referrals without explicit written permission from Boom Fantasy
If we determine, in our sole discretion, that you have engaged in any of the foregoing activities, we may (without limiting any other rights or remedies available to us) withhold any commission fees otherwise payable to you under this Agreement and/or terminate this agreement. We reserve the right to change or cancel the Program at any time without prior notice.
All activity is governed by Boom Fantasy’s Terms of Service.
19. Deposit Bonuses
All new users are eligible for a no sweat first entry up to $100. You will receive the cash portion of your first entry back in bonus funds if your first entry loses. Bonus funds are not eligible for a no sweat entry refund. If your first entry wins, you’ll receive your winnings in cash. Additionally, users that previously received a deposit match will not be eligible for the offer. Users who had their first entry canceled and refunded won’t be eligible for the offer. Users who apply Coverage to their first entry and win any payout from that entry will not be eligible for a no sweat refund. Boom Fantasy reserves the right to retract any deposit bonus at their sole discretion.
20. GENERAL INFORMATION
Entire Agreement
These Terms (and any additional terms, rules and conditions of participation in particular contests that Boom Fantasy may post on the Service) constitute the entire agreement between you and Boom Fantasy with respect to the Service and supersedes any prior agreements, oral or written, between you and Boom Fantasy. In the event of a conflict between these Terms and the additional terms, rules and conditions of participation in particular contests, the latter will prevail over the Terms to the extent of the conflict.
Waiver and Severability of Terms
The failure of Boom Fantasy to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Section Titles
The section titles in the Terms are for convenience only and have no legal or contractual effect.
Communications
Users with questions, complaints or claims with respect to the Service may contact us using the relevant contact information set forth below.
Mail: Boom Shakalaka, Inc. located at 530 7th Ave - Floor M1, New York, NY 10018.
Email: support@boomfantasy.com