Last Updated: June 3, 2019
Please read the following terms and conditions carefully.
These Services These Terms & Conditions are an agreement between you (“you”) and StableDuel, LLC. Throughout the site and app the terms “StableDuel”, the “Company”, “we”, “us” and “our” refer to StableDuel, LLC. StableDuel offers certain Services (defined below) to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
Please read these Terms of Service carefully before accessing or using our Services. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or app or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Services. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.
We reserve the right to make changes to our Services and these Terms of Service (including, without limitation, account wagering rules, policies and procedures) at any time, which changes will become effective when posted in the Services. It is your responsibility to check the Services periodically for changes to these Terms of Service.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
1. User Account
To establish and/or maintain a wagering account, you must meet the following requirements (collectively, the “Basic Requirements”):
- Be at least 18 years of age (21 in Alabama, Arizona, Indiana, Iowa, Kansas, North Dakota, New Hampshire and Washington);
- Be a natural person;
- Be a citizen of the United States or a resident alien; and
By establishing an account with StableDuel, you certify that:
- You have read and agreed to use your account in accordance with these Terms.
- The information you submitted in order to establish an account is accurate.
- You meet the Basic Requirements.
- You are familiar with the Local Laws (as defined below) applicable to you and that you are not prohibited from establishing an account with StableDuel.
- Your account is for your personal, private use only. You will not allow a person other than you to use your account and bear full responsibility for maintaining the confidentiality of your account, including, without limitation, account PINs and passwords.
In order to establish an account, you must provide to StableDuel the following information:
- Full legal name
- Date of birth with proper identification or certification demonstrating that you are of the required age
- Principal residence address (no P.O. Box)
- Telephone number
- Social Security Number
- Any additional information that StableDuel and their affiliates requests to verify your identity
You are responsible for maintaining your own access to the internet and for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, “Equipment”). You shall also be responsible for maintaining the security of the Equipment. You consent to receive communications electronically. You may acquire additional products, services and/or content of ours from our Services. We reserve the right to require that you agree to separate agreements as a condition of your use and/or purchase of such additional products, services and/or content, which terms will apply in addition to these Terms.
You may never use another’s account without permission. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Company immediately of any breach of security or unauthorized use of your account. Although Company will not be liable for your losses caused by any unauthorized use of your account, you may be liable for our losses or others due to such unauthorized use. If we believe the information you provide is not correct, current, or complete, we have the right to refuse you access to the Services or any of its resources and to terminate or suspend your access at any time, without notice.
2. ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services. By completing and submitting any credit card or other payment authorization through the Services, you are authorizing Company to charge the fees to the account you identify. You authorize and direct us to charge your designated payment method for these charges or, if your designated payment method fails, to charge any other payment method you have on file with us. Further, you authorize and direct us to retain information about the payment method(s) associated with your account. If we do not receive payment from your designated payment method or any other payment method on file, you agree to pay all amounts due upon demand by us. You will be responsible for accrued but unpaid charges, even if your account is canceled by you or terminated by us. During any free trial or other promotion, if any, you will still be responsible for any purchases and surcharges incurred using your account.
After 30 days from the date of any unpaid charges, your fee-based Services will be deemed delinquent and we may terminate or suspend your account and Services for nonpayment. We reserve the right to assess an additional 1.5 percent late charge (or the highest amount allowed by law, whichever is lower) per month if your payment is more than 30 days past due and to use any lawful means to collect any unpaid charges. You are liable for any fees, including attorney and collection fees, incurred by us in our efforts to collect any remaining balances from you. Except as otherwise mutually agreed in writing, we reserve the right to change our fees with 30 days’ notice.
You are responsible for all charges incurred under your account, including applicable taxes, fees, surcharges, and purchases made by you or anyone you allow to use your account (including your children, family, friends, or any other person with implied, actual, or apparent authority) or anyone who gains access to your account as a result of your failure to safeguard your username, password, or other authentication credentials or information.
3. GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Services through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Company has no obligation to monitor the Services. However, you acknowledge and agree that Company has the right to monitor the Services electronically from time to time, and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental requests, to operate the Services properly, or to protect itself or its customers. Company reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of this Agreement.
You will keep and protect any of our Confidential Information (defined below) as confidential, using at least the same efforts you use to protect your own confidential information and in no event less than reasonable and industry standard efforts. Our “Confidential Information” includes the Services, documentation and information about the Services and their operation, and any other information you obtain from or about us or from or about the Services, or any other information which a reasonable person would or should understand to be confidential or proprietary in nature. You agree to return or destroy our Confidential Information when this Agreement is over. You acknowledge and agree we shall be entitled to seek equitable relief in any court of competent jurisdiction without the necessity of posting bond and in addition to such other remedies as may be available under law or in equity. Your confidentiality obligations shall survive termination or expiration of this Agreement.
4. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site or through our app is not accurate, complete or current. The material on this site and on the app is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site or app is at your own risk. This site and app may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site and app at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
5. MODIFICATIONS TO THE SERVICES AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
6. PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the Services. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
7. ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
8. OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Services (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
9. THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
10. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or any other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.
You shall be solely responsible for your own content and any Comments. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish content you post or submit. You further agree that content you submit e.g., via Comments will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant us all of the license rights granted herein. You further agree that you will not submit to the Services any content or other material that is contrary to any posted “community guidelines” or similarly titled document, if any, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
You are responsible for any Public Postings and the consequences of sharing or publishing such content with others or the general public. This includes, for example, any personal information, such as your address, the address of others, or your current location. WE ARE NOT RESPONSIBLE FOR THE CONSEQUENCES OF PUBLICLY SHARING OR POSTING ANY PERSONAL OR OTHER INFORMATION ON THE SERVICES.
12. Intellectual Property
Unless otherwise indicated, all text, graphics, icons, logos, buttons and images on the Services (collectively, “IP”) are copyrighted materials or trademarks of, and owned and controlled by StableDuel or its subcontractor. Reproduction of IP from the Services may be a violation of copyright, trademark or other applicable intellectual property laws, in the U.S. and/or internationally. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the information contained herein.
All software used on the Services is the property of StableDuel, its subcontractors or its software suppliers and is subject to U.S. and international copyright law. You may not modify, decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Services. You may not reuse, reproduce, modify, distribute, transmit, republish, display, publish or perform any of the content of these Services without our express written permission. The Services may also contain third party trademarks and service marks of participating gaming establishments licensed by various federal and state regulatory bodies to conduct wagering activity connected with the Services. All marks are the property of their respective holders.
We own any data to the extent processed by, or resulting as an output of, the Services, and all Services usage data, statistical data or aggregated data collected or reported with respect to the any part or all of the Services, including without limitation any aggregated and anonymized data extracted or derived from the Service, including all aggregated and anonymized usage data, statistical data, transactional data, metadata, market data and other aggregated and anonymized data collected from user data and files. We own the rights to any metadata we collect from or about your use of the Services. Without limiting the generality of the foregoing, we reserve the right to create and market public indexes, analysis or insights created from such data.
13. ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site, app or in our Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated. We shall not be liable for any circumstances arising out of causes beyond our reasonable control or without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures, or other force majeure.
14. PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the website, App, Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
You shall not download any content, software or services unless you see a “download” or similar link displayed by Company on the Services for that content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content for any other purposes without the prior written consent of Company or the respective licensors of the content. Company and its licensors reserve all rights not expressly granted in and to the Services and their content. You agree not to circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein.
You shall not:
- restrict or inhibit any other user from using and enjoying the Services;
- post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, vulgar, sexually-orientated, profane, threatening, abusive, hateful, offensive, false, misleading, derogatory, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export control laws and regulations;
- post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by Company) or engage in spamming or flooding;
- post or transmit any information or software which contains a virus, Trojan horse, worm or other harmful component;
- upload, post, publish, reproduce, transmit or distribute in any way any component of the Services itself or derivative works with respect thereto;
- resell or otherwise exploit for commercial purposes, directly or indirectly, any portion of the Services, or access to them;
- use email addresses obtained from the Services for solicitation purposes of any kind, directly or indirectly;
- use data mining, robots or other similar data gathering and extraction tools;
- access (or attempt to access) this site through any automated means (including use of scripts or web crawlers);
- make any derivative works based, in whole or in part, on any portion or all of the Services;
- use i-frames, webpage frames, or any similar framing, to enclose, capture or distribute any part of the Services;
- mirror or cache or store any pages or portions of the Service;
- co-brand any portion of the Services;
- otherwise imply any relationship with or endorsement of your brands or services;
- use a false email address, impersonate any person or entity, forge e-mail headers or otherwise disguise the origin of any communication or mislead as to the source of the information you provide to the Services;
- portray Company or any company affiliated with it in a negative manner or otherwise portray its Services in a false, misleading, derogatory or offensive manner;
- use the Services in any manner that could damage, disable, overburden, or impair our servers or interfere with any other party’s use and enjoyment of the Services;
- attempt to gain unauthorized access to any services or information to which you have not been granted access through password mining or any other process;
- post or transmit any photograph or likeness of another person without that person’s consent, if and to the extent necessary under applicable laws;
- post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Services for commercial purposes (other than as expressly permitted by the Services and by the provider of such information, software or other material); or
- upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Services which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightsholder, or which otherwise violates or infringes the rights of others, including without limitation, patent, trademark, trade secret, copyright, publicity, or other proprietary rights.
You shall not, and shall not attempt to (and shall not authorize or allow any third party to or attempt to): (a) download or otherwise obtain a copy of the Service (as applicable as such term is used herein, including any portion thereof) in any form; (b) reverse engineer, reverse compile, decompile, disassemble, or translate, exploit, or otherwise derive the source code of the Service or otherwise modify, the Service, or create any derivative works thereof; or (c) use the Service on behalf of any third party or for any purpose other than as described in this Agreement; (d) sell, resell, lease, license, sublicense, distribute, reproduce, copy, duplicate, or otherwise transfer or exploit the Service or use it as a service bureau; (e) post, send, process or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortuous material, including material violating of third party rights; (f) post, send, process or store material containing software viruses, worms, Trojan horses or other harmful or malicious computer code, files, scripts, agents or programs; (g) interfere with or disrupt the integrity or performance of the Service or attempt to gain unauthorized access to the Service or related systems or networks; (h) remove, alter or obscure any titles, product logo or brand name, trademarks, copyright notices, proprietary notices or other indications of the intellectual property rights and/or our rights and ownership thereof, whether such notice or indications are affixed on, contained in or otherwise connected to the software or on any copies made in accordance with this Agreement; (i) remove, alter or obscure any titles, product logo or brand name, trademarks, copyright notices, proprietary notices or other indications of the intellectual property rights and/or our rights and ownership thereof, whether such notice or indications are affixed on, contained in or otherwise connected to the Service, or documentation, or on any copies made in accordance with this Agreement; (j) use, or authorize or permit the use of, the Service except as expressly permitted herein; (k) use the Service to perform any activity which is or may be, directly or indirectly, unlawful, harmful, threatening, abusive, harassing, tortuous, or defamatory, nor to perform any activity which breaches the rights of any third party. The Service may be used only by you (i) for your internal business purposes and only for your direct benefit; (ii) only by the number of persons for whom a license fee has been paid, and all such use may only be by those persons using the Service for the benefit of you in the course and scope of their employment, subject to the terms hereof; (iii) only in its original form without alteration or combination with other products, services or software except as expressly authorized in any applicable documentation; and (iv) in compliance with all applicable laws and in compliance with all documentation and instructions provided by us. You agree not to copy, duplicate or imitate, in whole or in part, any concept, idea, business model, business process, product, service or other intellectual property or other ideas or content embodied in the Services or learned by you from your use of or access to the Services. You agree not to use the Services to violate any local, state, national or international law or to impersonate any person or entity, or otherwise misrepresent your identity or your affiliation with a person or entity. Materials you post to the Services may not contain URLs or links to websites that compete with the Services nor other competitive content or references.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
15. DISCLAIMER OF WARRANTIES
STABLEDUEL MAKES NO REPRESENTATIONS ABOUT THE COMPLETENESS, ACCURACY, TIMELINESS, CONTINUITY, APPROPRIATENESS, AND SUITABILITY FOR ANY PURPOSE OF ANY INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES AND/OR APP. OUR SITE, APP AND THE MATERIALS THEREIN ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. WE DO NOT PROMISE THAT OUR SITE OR ANY SERVICES OFFERED ON OUR SITE WILL BE ERROR-FREE OR UNINTERRUPTED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, GUARANTEES, AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO OUR SITE AND SERVICES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSES.
If you are not completely satisfied with the Services, your sole remedy is to cease using the Services. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk.
StableDuel owns and operates its contests and promotions without sponsorship or endorsement from Apple.
16. LIMITATION OF LIABILITY
In no event shall the StableDuel be liable to you, or anyone claiming through you, for any direct, indirect or consequential damages, or lost revenue or profits, claimed to arise out of the acts or omissions of StableDuel, StableDuel’s agents, affiliates, subsidiaries, representatives or service providers, or the Services. Except where prohibited, you, by participation in the Services and/or accessing the Services, agrees to release StableDuel LLC, and its divisions, affiliates, subsidiaries, distributors, suppliers and advertising, promotional or other agencies, and their respective employees, officers, directors, agents and legal advisors (the “Released Parties”) from any and all liability, claims or actions of any kind whatsoever for injuries, damages or losses to persons and property which may be sustained in connection with your use of the website, app or Services, including, without limitation, (a) personal injuries, death and property damage and claims based on publicity rights, defamation or invasion of privacy (b) unauthorized human intervention in the Services; (c) technical errors related to computers, servers, providers, printers or telephone or network lines; (d) printing errors; (e) errors in the administration of the Services; (f) late, lost, or undeliverable mail; (g) human error. You agree that StableDuel shall not be liable or responsible for any printing, or typographical, or other inadvertent errors in any materials associated with the Services. The Released Parties assume no responsibility for any damage to your computer system which is occasioned by accessing the Services, or for any computer system, phone line, hardware, software or program malfunctions or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. You acknowledge that the information on the website and other Services is provided ‘as is’ for general information only. If you use the Services to wager, legally or illegally, we are not responsible. You indemnify us for any failure by you or your agents to do so and/or to follow any applicable laws, rules and regulations. IN NO EVENT WILL THE AGGREGATE LIABILITY OF US TO YOU FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, EXCEED THE TOTAL FEES PAID TO US BY YOU, IF ANY, DURING THE SIX-MONTH PERIOD PRECEDING THE DATE OF ANY CLAIM (OR $10 IF THE SERVICES ARE FREE). YOU ACKNOWLEDGE THAT THESE LIMITATIONS OF LIABILITY ARE AN ESSENTIAL TERM BETWEEN YOU AND US RELATING TO THE PROVISION OF THE SERVICE TO YOU AND WE WOULD NOT PROVIDE THE SERVICE TO YOU WITHOUT THESE LIMITATIONS.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS US AND OUR AFFILIATED COMPANIES, AND EACH OF OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, PARTNERS, AFFILIATES, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, SUBCONTRACTORS, SUPPLIERS, MEMBERS, AGENTS, INTERNS AND EMPLOYEES FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES, DEMANDS, CLAIMS, JUDGMENTS, COSTS, EXPENSES AND LIABILITIES, INCLUDING REASONABLE ATTORNEYS’ FEES, INCURRED BY US OR SUCH PARTIES AND/OR ARISING OUT OF OR RESULTING FROM (1) ANY ACTUAL OR ALLEGED VIOLATION BY YOU OF THIS AGREEMENT (INCLUDING ANY REPRESENTATION OR WARRANTY HEREIN OR ANY MISUSE OF THE SERVICES); (2) ANY ACTIVITY RELATED TO YOUR ACCOUNT BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICE WITH YOUR PASSWORD; (3) YOUR USE OF AND ACCESS TO THE SERVICES; (4) YOUR ACTUAL OR ALLEGED VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY OR PRIVACY RIGHT; (5) YOUR ACTUAL OR ALLEGED VIOLATION OF ANY LAW, RULE OR REGULATION; AND/OR (6) YOUR CONTENT OR DATA, INCLUDING IF IT CAUSES ANY DAMAGE TO A THIRD PARTY. YOUR DEFENSE, INDEMNIFICATION AND HOLD HARMLESS OBLIGATIONS IN THIS AGREEMENT WILL SURVIVE THIS AGREEMENT AND YOUR USE OF THE SERVICES.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
20. ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site, app or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the website, app and Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
21. Theft and Fraudulent Activity
We will report any activities that we reasonably believe constitute fraud or theft to the appropriate law enforcement authorities and may prosecute such activities to the full extent of the law. To the extent permitted by law, we will retain the proceeds resulting from such fraudulent activity or theft and use those funds to pay for damages and losses resulting from such fraudulent activity or theft.
22. GOVERNING LAW, DISPUTES, CHOICE OF LAW AND FORUM
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States.
Except where prohibited, by participating, you agree that: (1) any and all disputes, claims and causes of action arising out of, or connected with, the website, app or Services shall be resolved individually, without resort to any form of class action, and exclusively by the Supreme Court of the State of New York, County of New York; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with the Services, but in no event attorneys’ fees; and (3) under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms of Service, rules and conditions, or your rights and obligations and StableDuel in connection with the website, app or Services, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Kentucky without giving effect to any choice of law or conflict of law rules (whether of the Commonwealth of Kentucky or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Commonwealth of Kentucky.
By placing Wagers on or via the Services, you thereby confirm your awareness that many countries, states, provinces and other localities have laws, codes and regulations (“Legislation”) governing, regulating or prohibiting the offering of gaming services, both over the Internet and otherwise, and further, you acknowledge that we do not represent that the wagering services offered by the Services are compliant with Legislation applicable to you. You should contact applicable gaming regulators for additional information, which may affect your ability to utilize the wagering services offered on or provided by the Services. You are familiar with all relevant local laws of the jurisdiction in which you reside. You are responsible to ensure that you have the legal right to place wagers, so that we have the right to accept your wager(s). You further agree that in the event you are traveling outside of the jurisdiction in which you reside, you will only place Wagers from those jurisdictions where account wagering is legal. It is your responsibility to ensure you are wagering from a legal jurisdiction to do so, but we reserve the right (but not the obligation) to refuse bets or wagers from locations where it is not legal to do so. You are placing Wagers for personal, private use only, and you will not make any information, materials, or services available from this Service available to any person who is not otherwise allowed to access them. Without limiting the generality of the foregoing, you will not place bets for or on behalf of minors nor people outside jurisdictions where wagering is permitted. You acknowledge that we shall not be deemed to have accepted any wager until it has issued to You an electronic response which will contain a valid transaction reference number confirming the wager has been accepted (“Notice of Confirmation”). Any communications between you and us, prior to receipt of the Notice of Confirmation, are merely offers to wager through our Services, which offers are deemed accepted only after we issue to you a Notice of Confirmation, which shall be conditioned upon your acceptance of these Terms and any terms in the Notice of Confirmation. We will be held harmless in the event that, due to any reason, you attempt to cancel a wager and the wager fails to be canceled. You may not wager if you have inside information, for example, without limitation, if you or a family member works for a casino, racetrack or are otherwise an industry insider. The use of artificial intelligence including, without limitation, “robots” is strictly forbidden in connection with the Service. All actions taken in relation to the Service must be executed personally by you through the user interface accessible by use of the Service, and without the assistance of artificial intelligence. All denied or rejected wager requests, for example, due to tote error, track error, communications complications, pool merge failure, or any other technical difficulties shall be canceled, and the betting amount refunded to your account. In the event the wagering information (wager) you provide to us is not transmitted to, received by, or otherwise accepted by the host racetrack for any reason (including, but not limited to mechanical, communication and human error or failure), no wager will have been placed (or deemed to have been placed) on your behalf at the track and no money will be debited from your account. Under no circumstances will we “book” the wager, or otherwise be held responsible for the information not being transmitted to, received by, or otherwise accepted by the racetrack. In the event multiple “official” prices are posted by the racetracks (for example, as a result of miscalculation of payoffs by the track, an error by the state judges, or any other reason, we will ascertain the final “official” prices from the racetrack and will make any adjustment to your accounts necessary to correct any incorrect debits or credits made to your account as a result of receiving the non-final “official” prices. We reserve the right to limit the number and the amount of wagers you can perform. We reserve the right to cancel any bet and refund the bet amount to your account. We reserve the right to withhold, report, and/or pay taxes out of your account. We reserve the right to refuse any wager or terminate an account at any time and for any reason.
24. CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
24. Section Titles
The section titles in these Terms are for convenience only and have no legal or contractual effect.
25. CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.
STABLEDUEL’S BACK2BACK AT THE BREEDERS’ CUP CONTEST
StableDuel’s Back2Back at the Breeders’ Cup Contest (“Contest”) is a game of skill. Winners are determined by the criteria stated in these Official Rules (“Rules”), published prior to entries being taken. For the Contest, winners are determined among the individuals who use their handicapping skill and knowledge to accumulate the most fantasy points. Fantasy points are accumulated through the performance of individual horses over multiple races on a single race card.
The Contest will be contested on Friday, November 1, 2019 and Saturday, November 2, 2019. The Contest will be comprised of individual players (“Contestants”) from the pool of eligible, registered participants at stableduel.com (“Participants”). Contestants will be eligible for two (2) separate prize pools.
The top 50 Contestants based on the scoring below will share a cash prize totaling Five Thousand ($5,000.00 USD) dollars on Friday, November 1, 2019.
The top 75 Contestants base on the scoring below will share a cash prize totaling Fifteen thousand ($15,000.00 USD) on Saturday, November 2, 2019.
By participating, 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 Rules and agree to abide by and comply with these Rules and the terms and conditions stated herein. Furthermore, you affirm the following:
- You are 18 years of age or older.
- You are a citizen or resident of one (1) of the fifty (50) United States or Washington D.C. and you have an address in one (1) of the fifty (50) United States or Washington D.C.;
- You are physically located in one (1) of the fifty (50) United States or Washington D.C. and reside in a jurisdiction in which participation in any contest you choose to participate in is not prohibited by applicable law. The Contest is void where prohibited;
- You are not listed on any U.S. Government list of prohibited or restricted parties;
- You will abide at all times by the StableDuel Rules and any other terms and conditions regarding your use of the Service or participation in contests;
- You are not a resident of any state or jurisdiction where such participation or the Contest is prohibited. In addition, the following persons are not eligible: employees and members of StableDuel, LLC, and members of their immediate families, regardless of where they reside, and persons living in the same household of each.
- 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.
By creating an account, you agree to provide accurate, current and complete information about yourself as prompted (“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 StableDuel, LLC has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, StableDuel may deny you access to areas requiring registration, or terminate your account, at its sole discretion.
There is no fee required for eligibility.
Contest Play, Rules and Scoring
The StableDuel game is a contest based on the popular “salary cap” style DFS model and not the typical pari-mutuel wager currently offered by thoroughbred racing. The game requires that contestants select a stable of horses from a specified race card on a specified day while staying within an established salary cap for the stable (each horse will be assigned a salary by the game operator determined by an inverse conversion of the Morning Line Odds published by the track handicapper).
Each contestant will be given a salary cap of $50,000 to assemble a stable of 10 horses from the selected race card. Contestants are not required to select a horse from each race on the card; rather they simply must select 10 horses to complete their stable (multiple horses may be selected from one race, while no horses are selected from another). Points will be awarded for each horse based on two factors: 1) finishing position (1st, 2nd, 3rd, etc.), and 2) margin of victory/defeat (nose, head, neck, length, etc.). The points for each horse will be added up to determine the total score for each stable. The stable with the most points at the end of the contest will be declared the winner.
- Draft Your Stable
- You must select ten (10) horses from all entries on the specified track and day.
- Horses DO NOT need to be selected for each race. You may select multiple horses from one race and none from another. You MUST select ten (10) horses, however.
- Stay within the given Salary Cap for that contest ($50,000). The salary for each horse is based on its Morning Line Odds (See Salary Conversion Chart).
- You must select ten (10) horses from all entries on the specified track and day.
- Watch the races
- Scoring will be updated after each race is run.
- Points are awarded for finishing position of each horse selected with points also added or deducted based on the margin of victory/defeat (see Point System chart in the Rules and Scoring section).
- Points are accumulated for each stable based on points for each horse selected.
- The leaderboard will rank each stable based on total points earned from each horse selected.
|1 – 9||$20,000|
|1 – 5||$15,000|
|2 – 5||$14,000|
|1 – 2||$13,000|
|3 – 5||$12,000|
|4 – 5||$11,000|
|1 – 1||$10,000|
|6 – 5||$9,800|
|7 – 5||$9,600|
|3 – 2||$9,500|
|8 – 5||$9,400|
|9 – 5||$9,200|
|2 – 1||$9,000|
|5 – 2||$8,500|
|3 – 1||$8,000|
|7 – 2||$7,500|
|4 – 1||$7,000|
|9 – 2||$6,500|
|5 – 1||$6,000|
|6 – 1||$5,000|
|7 – 1||$4,000|
|8 – 1||$3,000|
|9 – 1||$2,000|
|10 – 1||$1,000|
|12 – 1||$750|
|15 – 1||$500|
|20 – 1||$250|
|25 – 1||$100|
|30 – 1||$50|
|40 – 1||* Free|
* Any “Morning Line” odds at 40-1 (or higher) are FREEPoint System
|6th to Last||0|
|Finishing Margin||Points (+/-)|
|Did Not Finish (DNF)||** See Below|
** For a horse that does not finish a race (DNF), scoring will be calculated based on the margin beaten for the last horse that “actually” finished the race, PLUS five (5) additional lengths. The maximum point deduction is 30 points.
Example Score Calculations