Last Updated: March 2025

General Terms of Use

Sandman Sports, LLC(“Sandman”, “we”, “our”, or “us”) owns and operates the Sandman Sports website (www.sandmansports.com) and any of its affiliated websites, through which we offer sports pools, tips, tools, content, free-to-play games, paid-entry contests of skill, and other games, tools, content, products and services (collectively, the “Services”). Before accessing or using the Services, please read these General Terms of Use and any additional terms, rules, guidelines and conditions issued, from time to time, by Sandman (collectively, the “Terms”) carefully.

THESE TERMS ALSO CONTAIN DISCLAIMERS OF WARRANTIES, AND DISCLAIMERS OF LIABILITY THAT AFFECT YOUR RIGHTS FOR RESOLVING ANY DISPUTE WITH US, AS WELL AS AN INDEMNIFICATION PROVISION THAT MAKES YOU RESPONSIBLE FOR CERTAIN LOSSES. IF YOU DO NOT AGREE TO THESE TERMS, THEN DO NOT USE THE SERVICES. PLEASE READ THESE TERMS AND ANY OTHER TERMS LINKED HEREIN CAREFULLY.

By creating an account, or otherwise accessing and using the Services, you as the account owner or user (hereafter “you”, “yours”, or “user”) agree to be bound by these Terms, our Privacy Notice[MNS1] , and all applicable rules that may be published on the Services by Sandman, as well as any applicable contest and/or promotion terms and conditions, which form a legal agreement between you and us.

I. Terms

You represent and warrant that you have the legal right and ability to agree to these Terms and that you have read, understood, and agree to the Terms with the intent to be legally bound by them prior to checking any box and/or confirming your agreement to the Terms.

By accessing certain portions of the Services, you represent and warrant that you are the minimum age required to use any game, contest, pool, or other feature within the Services that you access or use. All users of the Services, except for users participating in contests and promotions, must be at least 13 years of age and have parental consent (if under the age of 18) to use the Services. All users of the Services shall review the Privacy Notice [MNS2] prior to using any of the Services. You are solely responsible for ensuring your eligibility to participate in any of our Services.

Sandman verifies applicable accounts for age and eligibility using applicable legal guidelines. If minors (as defined under applicable statute) have access to your computer or mobile device, please consider adding parental controls to prevent access to Sandman’s paid-entry contests or other promotions that require users to be at least 18 years of age.

We reserve the right, at our sole discretion, to make changes to these Terms at any time. If we supplement, supersede, or make changes to these Terms, such amended Terms will be posted here, and will take effect immediately, unless otherwise stated. We may, but shall not be required, notify you by e-mail or other means regarding any material changes to these Terms. Whether you receive or review such notice, you agree that you will be bound by any such changes and that it is your responsibility to check these Terms, as well as our Privacy Notice, as posted prior to accessing and/or using the Services. Your further use of the Services after any such changes are posted shall constitute further consent and agreement to the Terms as changed or amended.

II. Payment Terms

Users may be required to pay certain fees to participate in paid entries or use other services offered by Sandman. By using any paid services or entering paid entries, you agree to pay all applicable fees at the time of purchase. Payments are processed through a provider as decided by Sandman. All payments are non-refundable, and no cancellations or refunds are permitted unless explicitly provided by Sandman. Users are responsible for any applicable taxes. Sandman may modify its pricing or payment terms from time to time. Each transaction with Sandman for products, including subscriptions, merchandise, or other goods listed for sale on our Services (“Products”), is expressly made conditional on a purchaser’s assent to these Terms. By inputting a payment method, you represent and warrant that you are the lawful owner of the payment method account. Our payment processing partners may have their own terms and conditions and you should ensure that you agree with these prior to making any payment(s). If your transaction with our payment processing partners is not successful, then your purchase will not be fulfilled. Depending on which financial institution you use, additional charges may be issued by your financial institutions as we have no control over such charges nor accept liability for them. You agree that all payments are final and that we are under no obligation to refund any transaction once a payment has been made, subject to applicable law.

III. USING THE SERVICES

You must create an account to access certain parts of our Services. You agree to provide accurate, current and complete information about yourself and to maintain and promptly update any account information to keep it accurate, current, and complete. Only one (1) account per verified person is permitted. Your account is unique to you and non-transferrable. For the avoidance of doubt, you may not “co-own” an account with another person or entity. You may not use a username for your account that promotes a commercial venture or a username that we determine, in our sole discretion, is offensive or otherwise violates these Terms. We may require you to change your username or may unilaterally change your username without notice to you, in our sole discretion. You agree that the sole and specific purpose of creating an account on Sandman is to participate in Sandman Services. You are solely responsible for maintaining the confidentiality of your account, including protecting your login credentials and restricting access to your devices. You agree that you shall take all steps necessary to protect your login details and keep them secret. You accept responsibility for all activities that occur under your account and/or from your devices. If you have reason to believe that someone is using your account without your permission, you should contact us immediately.

You consent to transact with us electronically and receive legal notices and other communications electronically, including by e-mail, text messaging, push notifications (in accordance with your device settings), and/or by notices posted on the Services. You agree that any requirement that a communication be sent to you in writing is satisfied by such electronic communication and that you are responsible for maintaining an Internet browser, mobile device or computing equipment capable of accessing the Services and said electronic communications. You are solely responsible for ensuring your eligibility to participate in any of our Services, including but not limited to Contests (as defined herein). Any use of Services for which you are not eligible shall void any rights to which you may otherwise be entitled pursuant to these Terms. You acknowledge and agree that we may monitor, and record communications related to Service usage and geographic location information for any reason, including and without limitation, in order to ensure compliance with applicable laws and regulations. In the event you are noncompliant or deemed ineligible in our sole and absolute discretion, we reserve the right to i) report unusual or suspicious activity to the proper authorities; ii) terminate, suspend, or restrict your access to your account; iii) restrict your access to the Services for which you are deemed ineligible; and/or iv) disable your use of a portion of the Services to the maximum extent allowable by law. Specific rules, controls, and guidelines for each service, game or contest offered on the Services can be found on our website and/or within the game or contest. Such rules, controls and guidelines form part of these Terms and are incorporated herein. You also agree that any supplemental or additional terms that apply to the use of any game, contest, or other feature offered on the Services form a part of these Terms, and you agree that you shall comply with any such supplemental or additional terms, rules, controls, and guidelines in respect of each individual game or contest which you choose to access and/or play through the Services. Sandman reserves the right to modify, suspend, or discontinue the Services (including, but not limited to, the availability of any feature, content, or game variant), whether temporarily or permanently at any time for any reason. You agree that Sandman shall not be liable to you or any third-party for any modification, suspension, or discontinuation of the Services.

IV. PAID-ENTRY CONTESTS OF SKILL

The Services may include paid-entry contests of skill where you may win cash prizes (“Contests”). Contests are games of skill and are not games of chance. Winners are determined by the individuals who use their skill and knowledge of relevant sports information and fantasy sports rules. Contest results and prize calculations are based on the final statistics and scoring results at the completion of the last applicable sporting event of each individual Contest. Once Contest results are reviewed and graded, prizes may be awarded. We encourage you to read the official rules that govern each of our Contests, as they form and are a part of these Terms. In the event of any ambiguity between these Terms and the official rules shall take precedence. By depositing funds or entering a Contest, you agree to provide us (and our relevant third-party vendors) with certain personal information, including but not limited to a valid mailing address, date of birth, social security number, and any other information we or they may require in order to perform appropriate identity checks and comply with applicable rules and regulations. If we are unable to verify your identity to our satisfaction, we reserve the right to suspend your account and withhold any funds until such time as we are able to successfully verify your identity.

ELIGIBILITY. You represent and warrant that, throughout any period in which you access or participate in the Contests, that you satisfy and eligibility criteria associated with such Contests, which may vary by jurisdiction. Without limitations, you represent and warrant that:

You are 18, 19, or 21 years of age or older, depending on the regulations of your applicable jurisdiction;
You are a citizen or resident of the United States of America and have an address in the United States of America;
You are, at the time of deposit and/or Contest entry, physically located in a state where Sandman offers Contests and not located in an “Excluded State” (please check this list continually, as locations where Contests are made available may change);
If you are located in an Excluded State, you are still eligible to open an account and engage in certain other Services and/or activities offered by Sandman.
We limit access to the Contests in the Excluded States. If you attempt to participate in any Contest while located in an Excluded State, you will be in violation of the law of such Excluded State and these Terms, in which case we may take any action which we deem necessary, including but not limited to the remedies set forth in Section 2 for ineligible users. You hereby acknowledge and agree that you will hold us harmless from and against any damages you suffer arising out of or related to any remedial action exercised against you, including but not limited to restriction or prohibition of your participation in the Contests.
You will abide at all times by these Terms and any other agreements between you and Sandman regarding your use of the Services;
Any funds you deposit are done so with the sole purpose of using them to properly participate in the Contests:
You are not listed on any governmental list of prohibited, restricted, or self-excluded individuals as it relates to fantasy sports; and
You are not subject to backup withholding tax because: a) you are exempt from backup withholding; b) you have not been notified by the Internal Revenue Service (the “IRS”) that you are subject to backup withholding as a result of a failure to report all interests or dividends; or c) the IRS has notified you that you are no longer subject to backup withholding.

If Sandman, in its sole and absolute discretion, determines that you do not meet the eligibility requirements listed above, then you are not authorized to enter Contests. Sandman may require that you provide proof of eligibility according to these Terms prior to entering a Contest, receiving a prize, making a deposit, and/or withdrawing funds. This includes requiring an affidavit of eligibility or other verification information.

We reserve the right to move you and others from a Contest you have entered into a substantially similar Contest in our sole and absolute discretion. We reserve the right to deny you and others the ability to participate in any Contest for any reason and to cancel Contests at any time. In the event of a cancellation, entry fees will be refunded to you except as otherwise provided for in these Terms. You understand and agree that Sandman reserves the right to adjust play and wallet limits, including but not limited to entry fee limits and payout multipliers, on an individual account basis and may do so for any reason.

In the event of a disqualification or cancellation for any reason, Sandman reserves the right to issue refunds or exchanges, in our sole and absolute discretion, without any restrictions as to the amount, timing, and/or method of delivery. We will endeavor to provide notification of such disqualifications or cancellations but are under no obligation to do so. Refunds, if issued, will be made available to you via your registered account. In select cases in which you submit requests for cancellation regarding your Contest entry fees prior to the start of the respective sporting events, but after the close of any offered cancellation window, Sandman may choose to honor such requests, but is under absolutely no obligation to do so. Moreover, we reserve the right to deny any requests to cancel any and all forms of user-submitted payments, including entry fees, without limitation, in our sole and absolute discretion.

You will only be eligible to win prizes to the extent you are and have been in strict compliance with these Terms and the applicable rules of any Contest in which you enter, subject to final verification. In addition, we reserve the right to adjust results based on errors or irregularities in the transmission of information to us from our data provider(s) and/or in our calculation of results. You agree to notify us if you become aware of any errors or irregularities with respect to prize awards on your account and to cooperate with our efforts to reverse payments in the event of any errors.

We reserve the right to terminate, suspend and/or restrict access to your account without notice, withhold or revoke the awarding of prizes, claw-back unwarranted gains, and/or invalidate, forfeit, and/or deduct amounts from your account balance if we determine, in our sole and absolute discretion, that:

You engage in conduct that is improper, unfair, fraudulent, or otherwise adverse to the operation of the Services or detrimental to other users or you otherwise are not in compliance with these Terms;
You do not meet eligibility requirements as outlined in these Terms; you fail to provide requested documentation and/or proof of eligibility and compliance within the requested time period; and/or you cannot validate your identity and account;
There is a “chargeback” on one or more deposit(s) or with respect to any unused or abused bonuses or credits that were rewarded;
You are depositing funds without the primary intention of using them in Contests;
You exploit, or otherwise manipulate, a promotion, offer, or other mechanic set forth by us in order to improperly enrich yourself and/or someone else;
You, through any means, withdraw funds from your account that were labeled as "play-through" or otherwise had a play-through requirement, without in fact playing said funds though a Contest;
In furtherance of fraud prevention or anti-money laundering efforts or for other legal purposes, such as (and by example only) if a relevant legal authority challenges the awarding of any prize(s).

When you receive a payment due to your participation in any Contest, you are liable to us for the full amount of the prize payment to you plus any fees if the payment is later invalidated or reversed for any reason. Should you violate any of the conditions set forth in these Terms, and such violation(s) result in your unjust enrichment, you hereby authorize us to process a charge to one of your stored methods of payment in order to allow Sandman to recoup the amount of monies which were improperly obtained and/or withdrawn, if the balance in your account does not cover the payment due plus any fees Sandman may charge in its sole discretion.

Where applicable, Sandman may pay out any withheld or revoked prizes to other entrants in the relevant Contest in a manner consistent with the prize structure of the Contest, as determined by Sandman in its sole and absolute discretion.

Please consult our Responsible Play [NM3] page for information on self-exclusion, limits on play, help with addictive behavior, and other related items. We reserve the right, in our sole and absolute discretion, to determine whether you are interacting with the Services in a responsible way in accordance with our responsible play policies and procedures. We shall permit you to set responsible play limits and to self-exclude. Notwithstanding the foregoing, we reserve the right, in our sole and absolute discretion, to impose stricter responsible play limits than those imposed by you and to exclude you, if we deem it necessary.

NOT ELIGIBLE. You understand and agree that regardless of any other eligibility criteria being satisfied, that the following individuals are prohibited from entering a Contest:

A Sandman employee or any domestic partners or relative of the employee who resides at an employee's residence, or otherwise in the same household as an employee, including but not limited to parents, grandparents, in-laws, siblings, and spouses (“Immediate Family Members”);
Sandman employees shall be eligible to enter private, employee-only contests where no member of the public has also entered, to the extent allowed by applicable law. These are not considered Contests under these Terms.
An employee or operator of any daily fantasy sports contest platform including any that charges entrance fees or offers prizes, and any Immediate Family Member of any such person;
An employee of a sponsor, consultant, and/or supplier of Sandman or any other daily fantasy sports, sports betting, and/or paid-entry sports platform that has access to Insider Information or otherwise receives an advantage in the entrant's participation in a Contest;
An employee, operator, or consultant to a sports governing body, league, team, and/or daily fantasy sports oversight body, where such employee, operator, or consultant is prohibited from participating in Contests by the sports governing body, league, team, and/or daily fantasy sports oversight body;
A professional athlete, sports agent, coach, team owner (5% or higher ownership interest), team employee, referee or league official or employee, or an Immediate Family Member of a professional athlete, sports agent, coach, team or league owner (5% or higher ownership interest), team employee, referee or league official or employee;
A collegiate athlete, sports agent, coach, team employee, referee or league official or employee, or an Immediate Family Member of a college athlete, sports agent, coach, team employee, referee or league official or employee;
Any individual who has had access to any pre-release or, confidential information that is not available to all other entrants of the applicable Contest, and which would provide that individual with an unfair advantage in such Contest, including but not limited to information related to player injury and availability from inside sources (i.e.: lineup, information from another daily fantasy sports, sports betting, and/or paid-entry sports platform, and/or information from a sports governing body, team, league, player, physician, official, bookmaker, sports book agent or representative, union representative, and/or agent) (“Insider Information”);
A person who has self-excluded, or otherwise used Sandman's limits on play tools to temporarily prohibit themselves, from entering Sandman’s Contests;
A person prohibited from participating in the Contests as a result of being listed on any state-sponsored exclusion list, other self-exclusion list, and/or pursuant to court order;
A person prohibited from participating in the Contests as a result of being listed on any other form of government list of prohibited and/or restricted parties; and/or
A person deemed ineligible, in the sole and absolute discretion of Sandman, as a result of their violation of a fantasy sports law/rule/regulation, Contest rules and/or requirements, Contest promotion rules and/or requirements, these Terms, and/or the Privacy Notice.

ADDITIONAL TERMS.

Each year, all winners who have won six hundred dollars ($600.00) or more over the previous year must provide updated address and social security details to Sandman so that we can comply with tax regulations. This information will be shared with relevant tax authorities. You, and not Sandman, are responsible for filing and paying applicable local, state, federal, and international taxes on any winnings. We do not provide tax advice, nor should any statements in these Terms or on the Services be construed as tax advice. By agreeing to these Terms, you are consenting to electronic delivery of all informational tax forms such as Form 1099 and Form W-2G.

If you enter or become a winner of a Contest, you consent to the use of your name, voice, and likeness/photograph in the development, production, distribution, and/or exploitation of any Contest and/or other portions of the Services. You agree that from the date of notification of your status as a potential winner and continuing until such time when Sandman informs you that you no longer need to do so, you will make yourself reasonably available to Sandman for publicity, advertising, and promotion activities. You agree that Sandman 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 Sandman. You further agree that participation in and (where applicable) the winning of a prize in connection with a Contest constitutes complete compensation for your obligations under this paragraph, and that you shall receive no additional consideration for the fulfillment of these obligations.

Sandman uses third-party data providers to provide sports data for our Contests. All “live” statistics and other information provided through the Services and related information sources are unofficial. While Sandman and the third-parties use reasonable efforts to include accurate and up-to-date information, Sandman cannot and does not guarantee the accuracy of the data used.

WE MAKE NO REPRESENTATION THAT PARTICIPATION IN THE CONTESTS IS LAWFUL IN ANY PARTICULAR STATE AND/OR JURISDICTION.

V. CODE OF CONDUCT

You acknowledge that you are responsible for whatever material you submit or is submitted through your account (if applicable), or submitted on a forum or other post available for public comment, including its legality, reliability, appropriateness, originality. If Sandman makes available a discussion group or bulletin board on its websites, you warrant that your use of such features is for lawful purposes only, and as outlined below.

By placing, uploading, or downloading material on the Services, including documents, text, images, audio files or other audio-visual content (“User Content”), you represent and warrant: (a) You own or otherwise have all necessary rights to the User Content you provide and the rights to provide it under these Terms; and (b) the User Content will not cause injury to any person or entity.

Without limitation, you may not submit to or transmit through the Services any material, or otherwise engage in any conduct that:

violates or infringes the rights of Sandman or others including, without limitation, patent, trademark, trade secret, copyright, publicity, privacy, proprietary and/or intellectual property rights;
is inaccurate, unlawful, discriminatory, threatening, abusive, harmful, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, pornographic, obscene, offensive, or otherwise objectionable to Sandman or other uses of the Services;
victimizes, harasses, degrades, intimidates, discriminates against, or retaliates against an individual or group of individuals on the basis of religion, sex, race, national origin, age, physical or mental disability, sexual orientation, or other characteristics protected by applicable state or federal law;
collects, stores, and/or discloses personal data about other others unless specifically authorized by such others;
impersonates any person, business or entity, including Sandman, and Sandman’s employees and agents;
misrepresents your affiliation with a person or entity;
contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
attempts to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining, or any other means;
transmits spam, bulk or unsolicited communications or posts third-party advertisements;
that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations or other government requirements or rules having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm, or that otherwise could constitute a criminal offense or give rise to civil liability;
violates these Terms, guidelines, or any policy Sandman posts on its Services; or
disrupts the normal flow of dialogue or negatively affects or interferes with other users’ ability to use the Services.

You acknowledge that Sandman has the right (but not the obligation), in Sandman’s sole discretion, to view, move, remove, block, edit, or refuse any User Content, you post on the Services for any reason, including, without limitation, such User Content that violates these Terms or is otherwise objectionable. Your use any information contained in User Content at your own risk.

Digital Millennium Copyright Act Notice: If you are a copyright owner, authorized to act on behalf of one, or authorized to act under exclusive right under copyright, please report alleged copyright infringements you discover taking place on through use of the Services by contacting us and including the following information: (i) identification of the copyrighted work claimed to have been infringed; (ii) identification of the allegedly infringing material on the Services that is requested to be removed; (iii) your name, address, and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary; (iv) a statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law; (v) a statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and (vi) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.

VI. Prohibited Conduct

When accessing and/or using our Services, you agree that you will not: (a) use our Services for fraudulent or abusive purposes; (b) use our Services in violation of any applicable law, regulation, or requirement, and/or the intellectual property, privacy, or similar rights of us or any other person; or (c) otherwise take any action that you know or reasonably should know is improper, unfair, fraudulent, or otherwise adverse to the operation of the service or in any way detrimental to us or other users. Without limitation, you agree not to:

Create, or attempt to create more than one (1) account;
Sell or otherwise transfer your profile;
Sell, or otherwise advertise for sale, any goods and/or services, without the explicit written consent of Sandman;
Use an account that does not belong to you;
Falsify any personal information required to: create an account, enter a promotion, and/or claim a prize;
Use the Services for any illicit, illegal, and/or fraudulent purposes;
Collude with any other individual(s) in an attempt to circumvent these terms;
Use our Services in any way that accumulates points or prizes through unauthorized methods such as unauthorized scripts or other automated means, or to cheat or design or assist in cheating;
Disguise, anonymize, or hide your IP address and/or the source of any user content that you may upload;
Crawl or scrape the Services in any way, shape, or form, for any purpose whatsoever, without the express written consent of Sandman;
Monitor, use, or copy the Services and/or any content posted to the Services, including but not limited to information about or regarding other people that use our Services, or upload anything that collects information including but not limited to ‘pixel tags’ and cookies;
Remove or amend any proprietary notices or other ownership information from our Services or attempt to decompile, reverse engineer, disassemble or hack any of our Services;
Defeat or overcome any of our encryption technologies or security measures or otherwise circumvent technological measures designed to control access to, or elements of, our Services or upload or submit to the Services software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment and/or in any way harm another Sandman user and/or Sandman;
Use our Services for any commercial or business purpose or for the benefit of any third-party or to send unsolicited communications;
Send any unlawful, threatening, abusive, harassing, defamatory, obscene, and/or otherwise objectionable messages;
Impersonate any person or entity, and/or misrepresent your affiliation with any person or entity;
Violate any portion of these Terms; and/or
Abuse the Services in any way, including but not limited to, abusing Sandman customer support and/or other employees.

If we have reason to suspect or learn that you are violating these Terms, we may investigate, prohibit any and all current or future use of the Services by you, and/or take legal action as necessary including bringing a lawsuit for damages caused by the violation.

VII. Copyright and Trademark Information

As between you and us, we own the Services, including, without limitation, all software, text, graphics, tools, links, code, recommendations, and other content or material provided in or through use of the Services, and all worldwide intellectual property rights in the foregoing.

We grant you a limited, personal, revocable, non-transferable and non-exclusive right and license to access and use the Services, in accordance with these Terms, for your personal and non-commercial use, as the Services were intended to be used. Any software provided through or used to operate the Services is licensed, not sold, to you by us, and such license is limited to object code only. Please note that our Services contain software governed by the license of a third-party, and you agree to abide by the terms and conditions of the same by using the Services. Except as expressly permitted herein, you must not, nor enable any other person to, rent, lease, lend, sell, redistribute, sublicense, copy, reverse engineer, decompile, translate, modify, rent, use as a service bureau, distribute copies of, adapt, create derivative works based on, or otherwise inappropriately use the Services.

Any trademark, service mark, copyright, logo, tradename, and/or the like (collectively, the “Marks”) contained in the Services, whether or not appearing in large print or with the trademark symbol, belongs exclusively to us or our licensors, and you may not use or display such Marks without our express written permission. Nothing in these Terms grants you any right to use our, or any third-party’s, Marks.

You may choose to provide Sandman with feedback regarding the Services, including but not limited to the same being in the form of ideas, suggestions, proposals, and/or examples (whether the same is solicited by Sandman or not) (collectively, the "Feedback"). You hereby agree to provide an exclusive, perpetual, irrevocable, worldwide, royalty-free license, with the right to sub-license, in connection with any and all of your relevant intellectual property and/or other rights in the Feedback, to Sandman such that it may use, publish, disclose, display, perform, copy, make, sell, commercialize, and/or exploit (for payment or otherwise) the Feedback in any manner and via any medium that Sandman chooses, without any requirement to reference You as a source or provide any consideration.

VIII. DiSCLAIMER OF LIABILITY

THE Services PROVIDE information, Content, suggestions, and predictions about sports, fantasy sports, and sports betting and each of such are for informational and entertainment purposes only. Sandman makes no representations or warranties, express or implied, regarding the accuracy, reliability, or profitability of any information, content, suggestions, and predictions made available on the Services. By USing OUR Services, you acknowledge and agree that you are solely responsible for any decisions you make based on the information, content, suggestions, and predictions provided by sandman, and sandman does not guarantee that any recommendations, predictions, or strategies will result in financial gain.

IX. DISCLAIMER OF WARRANTIES.

EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SANDMAN AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SHAREHOLDERS AND CONTRACTORS DISCLAIM ANY AND ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.

SANDMAN IS NOT LIABLE FOR ANY DAMAGES YOU SUFFER FROM USE OF THE SERVICES OR ANY OF THE PRODUCTS PURCHASED. THE MATERIALS AND PRODUCTS ARE PROVIDED “AS IS.” SANDMAN MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO, AND SPECIFICALLY DISCLAIMS LIABILITY FOR, THE AVAILABILITY, USEFULNESS, QUALITY, SUITABILITY, TRUTH, ACCURACY, RELIABILITY OR COMPLETENESS OF THE SERVICES OR ITS CONTENT.

SANDMAN MAKES NO WARRANTY OR REPRESENTATION THAT: (a) ACCESS TO THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL OR PRODUCTS PURCHASED OR OBTAINED FROM THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS EXCEPT AS EXPLICITLY SET FORTH IN THIS AGREEMENT; or (c) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.

YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USING, ACCESSING, OR OBTAINING ANY CONTENT FROM THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.

SOME JURISDICTIONS DO NOT ALLOW FOR THE DISCLAIMER, EXCLUSION, OR LIMITATION OF CERTAIN WARRANTIES, AND AS APPLICABLE, SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS, AND/OR LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CIRCUMSTANCES, OUR WARRANTIES AND LIABILITY THEREFROM WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

X. LIMITATION OF LIABILITY.

IN NO EVENT WILL SANDMAN, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SHAREHOLDERS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES RESULTING FROM USE OF THE SERVICES OR PURCHASES MADE THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE), EVEN IF SANDMAN HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION, DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE OR ACCESS THE SERVICES, SERVICES, OR CONTENT; (b) MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICES; (c) LATE SHIPMENT OR DELIVERY, OR DAMAGE TO GOODS IN TRANSIT (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY, RELY ON, OR DISTRIBUTE; OR (f) THE LOSS OF ANY DATA, INFORMATION, OR CONTENT SUBMITTED OR POSTED TO THE SERVICES.

IN NO EVENT WILL SANDMAN’S LIABILITY OR THE LIABILITY OF SANDMAN’S LICENSORS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SHAREHOLDERS AND CONTRACTORS IN CONNECTION YOUR USE OF THE SERVICES, UNDER ANY THEORY OF RECOVERY, EXCEED $50.00.

FORCE MAJEURE: SANDMAN SHALL NOT BE LIABLE FOR ANY ACTIONS OR FAILURE TO ACT DUE TO CAUSES BEYOND ITS REASONABLE CONTROL, OR DUE TO ACTS OF GOD, ACTS OF PURCHASER, ACTS OF CIVIL OR MILITARY AUTHORITY, PRIORITIES, FIRES, STRIKES, FLOODS, EPIDEMICS, QUARANTINE RESTRICTIONS, WAR, RIOTS, DELAYS IN TRANSPORTATION, CAR SHORTAGES, AND INABILITY DUE TO CAUSES BEYOND ITS REASONABLE CONTROL TO OBTAIN NECESSARY LABOR, MATERIALS, OR PROCESSING FACILITIES.

THESE TERMS DEFINE YOUR SOLE AND EXCLUSIVE REMEDY.

TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.

XI. CUSTOMER SERVICE and COMPLAINTS

Sandman’s customer service team is available at [email protected] to address any concerns you may have regarding the Services. Sandman shall endeavor to respond to complaints/ Service issues as soon as reasonably possible. You and Sandman agree to use best efforts through its Customer Service to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition to either party prior to initiating a lawsuit of arbitration. Initial Dispute Resolution Process

Before you assert any claim for damages or relief of any kind in a formal proceeding as provided for herein, the parties must make a good faith attempt to resolve the dispute by utilizing the following procedures. The parties agree, before either may initiate or demand a formal proceeding against the other, that we will meet and confer in a good-faith effort to resolve informally any claim stemming from your use of the Services. Multiple individuals with disputes cannot participate in the same informal dispute resolution process; each must be initiated and handled separately. If you are represented by counsel (which such representation will be at your sole cost and expense), your counsel may participate in the conference, but you must also attend and participate in the conference.

The party initiating the claim shall, as a condition precedent to engaging in the remainder of the dispute resolution process, give notice to the other party in writing of its intent to initiate an informal dispute resolution conference. To notify Sandman that you intend to initiate an informal dispute resolution conference, send an electronic communication to our Customer Service team at [email protected] with "Complaint" in the subject line, and include the following information:

Your username;
Your first and last name, as registered on your account;
A detailed explanation of the complaint/claim;
Any specific dates and times associated with the complaint/claim (as applicable); and
The remedy or action you are seeking from Sandman.

If we wish to initiate a complaint, we will send a similar communication to you at the e-mail and/or physical address associated with your account. Failure to submit a written communication with the information outlined above will extend the time period before a formal proceeding may be commenced.

After thirty (30) days have passed the submission of your complaint, if it included all of the requisite information listed above, and if for some reason you are not satisfied with the resolution of your complaint/claim, you may then, and only then, pursue a formal claim as provided for below.

The parties shall use their best efforts to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition precedent to either party initiating a formal claim as provided in these Terms. If the parties do not reach a resolution within a period of thirty (30) days, or any such time period as required by law, from the time all required Complaint information is delivered (“Tolling Period”), then either party may initiate binding arbitration, as the sole and exclusive dispute resolution process pursuant to the Binding Arbitration and Class Action Waiver Agreement below (except as expressly set forth therein), and as applicable, our Privacy Notice.

To the extent the process described herein is inconsistent with the statutory requirements of the governing jurisdiction, they shall be so modified to conform to the laws of that jurisdiction. The parties agree that any relevant limitations period will be tolled solely by the Tolling Period.

In the event of any claim or arbitration between us, as set forth below, Sandman may, in its sole discretion, terminate your account. Regardless of whether you decide to opt out of arbitration, the terms in this section shall remain in full force and effect.

XII. Binding arbitration and class action waiver agreement

Please read this Binding Arbitration and Class Action Waiver Agreement (the "Agreement") carefully because it may require you and Sandman to arbitrate certain disputes and claims on an individual basis only and limits the manner in which you and Sandman can seek relief from each other. This Agreement applies to any claims you may currently possess and any claim that may arise in the future. While you must agree to these Terms in order to use the Services.

If you reside in or access the Services at any time while located in the United States of America, this Section shall be construed under and be subject to the Federal Arbitration Act, notwithstanding any other choice of law set out in these Terms.

This Agreement includes an arbitration provision which sets forth how past, pending, and/or future disputes between you and Sandman shall be resolved by final and binding arbitration on an individual basis only and for your own losses only. Under this Agreement, you may not proceed as a class representative, as a member or part of any proposed class, collective action and/or mass arbitration, as a private attorney general, qui tam action or under any representative proceeding, and you may not otherwise seek to recover on behalf of others or for the use or benefit of others in any type of claim or action. You and Sandman further agree that any arbitration pursuant to this Agreement shall not proceed as a class, group or representative action. You further acknowledge that your agreement to arbitrate means you will not be able to seek damages in court or present your case to a jury.

Acceptance of Terms. By using, or otherwise accessing the Services, or clicking to accept or agree to the Terms where that option is made available, you confirm that you have read and accept and agree to this Agreement. Except to the extent that you may opt out as provided below, all of your activity utilizing the Services and all of your transactions with Sandman, including all events which occurred before your acceptance of this Agreement, shall be subject to this Agreement.

Scope of Agreement to Arbitrate. Except as otherwise set forth herein, You and Sandman agree that any past, pending, or future dispute, claim or controversy arising out of or relating to: any purchase or transaction by you, your access to the Services, your use of the Services, this Agreement, and/or the Privacy Policy (including without limitation any dispute concerning the breach, enforcement, construction, validity, interpretation, enforceability, or arbitrability of the same) (a "Dispute"), shall be ultimately resolved by arbitration, including claims that arose before acceptance of any version of this Agreement. In addition, in the event of any Dispute concerning or relating to this Agreement including the scope, validity, enforceability, or severability of this Agreement or its provisions, as well as the arbitrability of any claims you and Sandman agree and delegate to the arbitrator the exclusive jurisdiction to rule on their own jurisdiction over the Dispute, including any objections with respect to the scope, validity, enforceability, or severability of this Agreement or its provisions, as well as the arbitrability of any claims or counterclaims presented as part of the Dispute.

Small Claims Court. Notwithstanding the above provision and agreement to arbitrate, all parties retain the right to seek relief in a small claims court for disputes or claims solely within the scope of the applicable small claim's court jurisdiction.

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

These Terms shall be binding upon you, your successors, assigns, heirs, representatives, beneficiaries, and upon any other person or party claiming an interest on your or your estate’s behalf. The parties agree that this Agreement is intended to benefit and shall bind a successor-in-interest or assignee of either party.

XIII. Indemnification

You agree to indemnify, release, defend, and hold harmless Sandman 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 reasonable attorneys’ fees and court costs), claims, and/or actions of any kind whatsoever arising or resulting from your use of the Services, your violation of these Terms and Privacy Notice, your receipt, ownership, use or misuse of any prize, and any of your acts or omissions that implicate publicity rights, defamation, and/or invasion of privacy. Sandman reserves the right, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Sandman in the defense of such matter.

XIV. CLASS ACTION WAIVER

To the maximum extent permitted by applicable law, you shall not be entitled to bring, consolidate, join or coordinate disputes by or against other individuals or entities, or participate in any collective arbitration or arbitrate or litigate any dispute in a representative capacity. You may only arbitrate or litigate on an individual basis for your own losses only. You may not proceed in arbitration or court as a class representative, member or part of any proposed class, collective action or mass arbitration, private attorney general suit, qui tam action or any representative proceeding, or otherwise seek to recover on behalf of others or for the benefit or use of others in any type of claim or action. You agree that you are waiving respective rights to participate in a class action, and that by agreeing to these Terms, you give up your right to participate in any past, pending or future class action or any other consolidated or representative proceeding, including any proceeding existing as of the date you accepted these Terms.

XV. WAIVER OF JURY TRIAL

You hereby waive, to the fullest extent permitted by applicable law, any right you may have to a trial by jury in any legal proceeding directly or indirectly arising out of or relating to your use of the Services, whether based on contract, tort or any other legal theory.

XVI. Termination

We may suspend, change, or terminate these Terms and/or your access to the Services or portions of the Services immediately and without notice, for any reason, including without limitation: (a) your breach of these Terms; (b) a request by law enforcement or other government agency; (c) our discontinuation of or material modification to the Services; (d) an unexpected technical or security issue or problem; and/or (e) your inactivity. Sandman also reserves the right, in Sandman’s sole discretion, to terminate your access to all or part of any of the Services, for any reason, with or without notice.

XVII. Links

Our Services may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that Sandman is not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and Sandman is not responsible for your use of said third-party sites. Sandman encourages you to review said privacy policies of third-party sites.

Sandman's inclusion of a link and/or access to a third-party website or platform as part of the Services does not constitute or imply our endorsement, advertising, or promotion of such websites or platforms, or any material made available thereon. We make no guarantee as to the content, functionality, or accuracy of any third-party website or platform.

By accessing a third-party website or platform, you accept that we do not exercise any control over the same and have no responsibility for them. The third-party websites or platforms may collect data or solicit personal information from you. We are not responsible for the privacy or security policies or practices, or for the collection, use, or disclosure of any information those sites/platforms may collect. It is always best to first read and understand the terms of service and privacy policies applicable to any third-party website or platform before you access it.

You understand and agree that Sandman will not have any liability or responsibility to you or any other person for any third-party products, services, materials, websites, and/or platforms, whether accessed through the Services or otherwise. Please note that the relevant third party is fully responsible for all goods and services it provides to you and for any and all damages, claims, liabilities, and costs it may cause you to suffer, directly or indirectly, in full or in part.

XVIII. Governing LAW

This Agreement is governed by and will be construed according to Ohio law, excluding any principles of conflicts of law. In the event of any dispute or controversy arising from the Services, you consent to the jurisdiction of the courts of Hamilton County, Ohio, and of the federal district court of the Southern District of Ohio. You further agree that venue for litigation arising from the Services will be exclusively in the Southern District of Ohio or its counterpart state court. You agree to litigate solely on an individual basis, and that this Agreement does not permit class action litigation or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding, and you expressly waive all such rights to bring or participate in class action. In the event the prohibition on class action litigation is deemed invalid or unenforceable, then the remaining portions of this provision will remain in force.

XIX. Other Terms

If any provision of these Terms shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Agreement and any other agreements referenced herein may be assigned by us, in Sandman’s sole discretion, to a third party in the event of a merger or acquisition. These Terms shall apply in addition to, and shall not be superseded by, any other written agreement relating to your participation as a user unless expressly agreed to in writing signed by Sandman.

XX. Modifications and Interruption to Service

Sandman reserves the right to modify or discontinue the Services with or without notice. Sandman shall not be liable to you or any third party should Sandman exercise its right to modify or discontinue the Services. You acknowledge and accept that Sandman does not guarantee continuous, uninterrupted, or secure access to the Services and operation of the Services may be interfered with or adversely affected by numerous factors or circumstances outside of Sandman’s control.

Use of the Services may involve transmission of data through your carrier or service provider’s network. You are responsible for all carrier, text/SMS, data, or other related fees or charges you incur from your carrier or service provider in connection with or related to your use of the Services. We assume no liability or responsibility for the payment of any charges you may incur.

We may, from time to time in our sole discretion, develop and provide updates to the Services, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, the “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of the Services.

XXI. Entire Agreement

This agreement represents the entire agreement between you and us. No agent or other person is authorized to modify this agreement or to make any warranty or representation which is different than, or in addition to, the warranties and representations of this Agreement.