Terms

Welcome to GoDraft.com and other online locations such as Facebook and Twitter (together, the “Website”) offered by Go Draft, Inc. (“we,” "our" or “Go Draft”). The content and services available on the Website are subject to the following terms of use (“Terms”). By accessing or using the Website, you acknowledge that you have read, understand and agree, without limitation or qualification, to be bound by these Terms, which include our privacy policy. If you do not agree to these terms, please do not access or use the Website.

We may revise these Terms at any time by posting the revised version on the Website which will apply to your use after that date. Your use of the Website after a revision will constitute your acceptance of the revised terms. We will post the date of the last revision at the top of this page.

Privacy Policy

Please review our privacy policy, which also governs your visit to the Website. If you do not agree with the privacy policy, you are not authorized to use the Website. The terms of the privacy policy are incorporated in these Terms by reference.

Eligibility

The Website is provided for the personal use of persons (1) at least 18 years of age and age of majority, whichever is older, in the state of the individual’s residence, and (2) who are United States residents who reside in a state in which the contests are not prohibited by applicable law. Residents of the states of Arizona, Hawaii, Iowa, Louisiana, Montana, Washington, and Nevada (due to the gaming operators license requirement) as well as residents of United States territories (collectively, the “excluded states”) are ineligible to participate in any contest which requires payment of an entry fee. By accepting these Terms, you certify that 1) if you are a resident of an excluded state you will not participate in any contests which require the payment of an entry fee; and 2) you will not access the website from an excluded state in order to participate in a contest which requires payment of an entry fee.

Go Draft consultants or promoters may not participate in contests if they are restricted from doing so by Go Draft or if by virtue of their relationship with Go Draft they have access to data not made available to all players on the Website. Persons who through ownership interest or game-related employment can influence gameplay are ineligible. Go Draft employees may participate in contests for testing user experience but may not withdraw money or prizes.

Your Account

To participate in a contest and access certain areas of the Website you must register for an account. When you register for an account, you will select an email address/username and password to be used to access your account. You may also choose to register with us by using third-party sign on services (e.g. Facebook Connect). If you use a third-party sign on service, you expressly authorize Go Draft to access your account information maintained by identified third-party data service providers, on your behalf in connection with your use of the Website. In registering an account, you agree to provide, maintain and update information that is true, accurate, current and complete about yourself. In some instances other websites and applications which are affiliated with the Website or are partnered with Go Draft may have access your Go Draft account, and you may be able to login to these affiliated websites or our partner's websites using your Go Draft account. You can manage this access through your account settings.

You are responsible for maintaining the confidentiality of your account, username, and password and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account, username and/or password, including submitting entries for contests and participating in fee-based contests. You may only have one user account with Go Draft and shall only use the Website using such single account. In the event that Go Draft becomes aware of additional accounts opened by you, Go Draft may close such additional accounts without notice and may confiscate funds held in such additional accounts.

Your registration is subject to our review and approval and we reserve the right not to approve, or to withdraw approval of, your registration at any time for any reason. We also reserve the right to refuse service and/or terminate accounts without prior notice if you violate these terms or if we decide, in our sole discretion, that it would be in our best interests to do so. Go Draft may require you to change your username or we may unilaterally change your username for any reason, including, without limitation, if your username is considered offensive or promotes a commercial venture.

Funding Your Account

In order to enter certain contests, you may be required to put money into your account and receive money from Go Draft. You agree to provide accurate, complete, and current information as requested in order to add funds into your account. All transactions are subject to the Terms and any additional terms and conditions, including any fees, imposed by your financial services provider as applicable. Should debits or charges for which you are responsible fail at the time payment is required, you will be responsible for all costs and fees associated with any and all efforts by Go Draft to be paid such amounts due, including but not limited to any attorney fees and other legal expenses.

We may use third-party electronic payment processors and/or financial institutions ("ESPs") to process such financial transactions. You hereby irrevocably authorize Go Draft to instruct such ESPs to handle account deposits and withdrawals from your account. You irrevocably agree that Go Draft may give such instructions on your behalf in accordance with your requests. You agree to be bound by the terms and conditions of use of each applicable ESP. Go Draft has no responsibility for the acts or omissions of the third party providing such payment processing or payment method prior to our receipt of funds or after Go Draft initiates a transfer of funds (as applicable). You agree that You shall look exclusively to the ESP or financial institution in the event of any payment processing or other payment method related disputes.

Account Balance

Your account balance is the amount of real money held in your account (if any), plus any awards or prizes and/or minus any fees accrued for using the Website, and less any amounts previously withdrawn by you or amounts forfeited or reclaimed by Go Draft due to any known or suspected fraud or due to deposits or other transactions rejected or cancelled ("Account Balance"). Account balances cannot be transferred, substituted or redeemed for any other prize.

Withdrawal and Payment

All withdrawal request are subject to Bonus restrictions and/or security review by Go Draft and any applicable fees or transaction limits. Payment of funds which you withdraw shall be made by any manner selected by Go Draft, which may include check, wire, and credit card. Payments will be made as soon as reasonably possible.

As of 11/17/2014 - the minimum amount you can withdraw is $20.00. All withdrawal requests less than that amount may be disregarded.

Inactive/Abandoned Accounts

If You do not access your account by logging on to the Website by using your username and password and either (i) entering a contest, (ii) playing in a tournament, or (iii) making a deposit as applicable, for any consecutive period of 365 days ("Inactive Period"), then after those 365 days your account and any related account will be deemed "Inactive." Unless otherwise prohibited by law, once your account has been deemed Inactive, Go Draft may charge you an administrative fee (the "Administration Fee") and deduct an amount up to the Administration Fee from your account balance on the day following the end of the Inactive Period and then every thirty (30) days thereafter. All unused Bonuses will also be removed from your account. If your account is Inactive for a period of two years, any funds remaining on deposit shall be forfeited. If you re-activate your account by entering a contest, playing in a tournament or making a deposit, we will stop deducting the Administration Fee from your account balance.

Contest Rules and Information

Games. Go Draft offers contests of skill for multiple sporting events. Each contest has rules which state the criteria used to determine a winner(s), the prize(s) to be awarded to eligible winner(s), and set forth the length of the contest (i.e. single day or a week). Some contests require an entry fee and some contests may be free. If you participate in a contest that has an entry fee, that amount in U.S. dollars will be debited from your account. If you do not have enough funds in your account you will not be eligible to participate in the contest. Refunds for entry fees will only be paid if a contest is cancelled.

Contest Modification or Suspension. Go Draft reserves the right, in its sole discretion, to cancel contests, disqualify any individual and/or select the winner(s) of a contest from all eligible entries received.

Prizes. Prizes for all contests will be established and made known to participants in advance of each contest. Once established and announced, the announced prizes will not change. Winners may not substitute or transfer a prize. All taxes associated with the receipt or use of any prize are the sole responsibility of the winner. Go Draft reserves the right in its sole discretion to determine whether or not to award such prizes, including without limitation to ensure the prize or award is in compliance with all applicable laws and regulations. Go Draft is the sole judge of winners and its decisions relating to any dispute of a winner are final and binding.

All winner who have won $600 or more (net of all entry fees) over the previous year must provide updated address and social security details to GoDraft LLC. These details will be used to file appropriate forms with the Internal Revenue Service.

Contest Winners and Notification. Results for each contest will be finalized approximately two hours after the end of the applicable contest. Winners for each contest will be announced and paid once the contest is finalized. Winners and prizes are based on the results as of the time the contest is finalized, and Go Draft will not change scoring results in light of official adjustments made by the applicable governing sports league, although Go Draft does reserve the right to make adjustments based on errors or irregularities in the transmission of information to us from our stats provider or in our calculation of results.

The players who meet the winner criteria and comply with eligibility requirements and applicable rules will win prizes as set out in the posted contest details. In the event of a tie, the prize is divided evenly between the tied players, unless otherwise specified. Go Draft, may, in its sole discretion, reverse a payment or award.

Winners may be requested to return via email or regular mail an affidavit of eligibility, a publicity agreement, and appropriate tax forms by a specified deadline. Failure to meet these deadlines or provide this information may result in disqualification. Any prize notification returned as undeliverable may result in disqualification. A list of winners and winners’ names for each contest or contest period may be obtained by writing to:

Go Draft

DC NetCast Media Group Inc., 56 Temperance Street, Suite 300, Toronto, On M5H 3V5

 

Disqualification. Go Draft, in its sole discretion, may disqualify you from a contest or the Website, refuse to award points, awards, or prizes and require the return of any prizes, or suspend or terminate your account if you engage in conduct Go Draft deems, in its sole discretion, to be improper, unfair or otherwise adverse to the operation of the Website or detrimental to other users. You acknowledge that the forfeiture and/or return of any prize shall in no way prevent Go Draft from pursuing any available remedy or proceeding in connection with such conduct. Further, the Website MAY NOT BE USED FOR ANY ILLEGAL PURPOSE, INCLUDING BUT NOT LIMITED TO ILLEGAL GAMBLING.

Bonuses and Promotions

Go Draft may offer bonuses and special promotions (collectively, "Bonuses") to you from time to time. These Bonuses will be credited into your account by Go Draft. Such Bonuses may only be used in relation to such Website as may be specified when the Bonus is offered to you. Acceptance of any Bonus shall be in accordance with additional terms and conditions made available to your for each such Bonus offering. Offers may be used only ONCE unless otherwise specified. You are not entitled to withdraw any Bonus amounts and you may not remove any cash obtained via a Bonus from your account without first complying with the applicable terms including, without limitation, any qualifiers or restrictions for the Bonus. Go Draft reserves the right to retract your Bonuses.

Intellectual Property

You agree that the Website and its content, including without limitation any patents, copyrights, trademarks, inventions or any other intellectual property rights, are owned by Go Draft, or our affiliates, partners or licensors.

Copyright: All content available on the site, including but not limited to text, graphics, logos, buttons, icons, images, audio, video, data compilations and software, and the compilation thereof, and the look and feel of the site, is the copyright and property of Go Draft Inc., our affiliates, partners or licensors, and is protected by United States and international copyright laws.

Trademarks: The trademarks, service marks, logos, slogans, trade names and trade dress displayed on the Website are the registered and unregistered marks of Go Draft, our affiliates, partners or licensors, in the United States and other countries, and are protected by United States and international trademark laws.

Except as set forth in the limited license section below, or as required under applicable law, neither the copyrights, trademarks, other intellectual property nor any portion of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent.

Limited License

We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Website. This limited license prohibits and does not permit you to: (i) frame or utilize framing techniques to enclose the Website or any portion thereof; (ii) modify, download, reverse engineer or decompile the Website or content (except caching or as necessary to view the Website); (iii) make any use of the Website or content other than personal use; (iv) create any derivative work based upon the Website or content; (v) collect another’s account information for the benefit of yourself or another party; (vi) use any meta tags or any other "hidden text" utilizing our name or the trademarks or to otherwise use the trademarks; (vi) use software, automated devices, robots, spiders, crawlers, scripts or similar data gathering and extraction tools or otherwise collect and/or use any product listings, descriptions, price or similar information; or (vii) take any other action that may impose an unreasonable burden or load on our infrastructure or interfere with the operation of the Website or that may adversely affect performance of the Website or restrict any other user or Go Draft from using or enjoying the communication services or the Website.

We also grant you a limited, revocable, and nonexclusive license to create a hyperlink to the home page of GoDraft.com for personal, non-commercial use only. A third party site that links to GoDraft.com (i) may link to, but not replicate, our content; (ii) may not imply that we are endorsing such third party site or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial or damaging to the goodwill associated with our name and trademarks, and may contain only content that is lawful and appropriate for all ages; (v) may not portray us or our products or services in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services or opinions; (vi) may not use our name or trademarks other than in identifying the link; GoDraft.com and (viii) must display GoDraft.com on full-screen and not within a “frame” on the linking site. We may, in our sole discretion, request that you remove any link to GoDraft.com, and upon receipt of such request, you shall immediately remove such link.

Any unauthorized use by you of the Website terminates the limited license set forth in this section without prejudice to any other remedy provided by applicable law or these terms. Immediately upon any such termination you shall remove any hyperlink to the Website.

Third Party Links

The Website may contain links to websites or other online locations operated by other parties. We provide these links as a convenience, and use of these websites or other online locations is at your own risk. The linked websites or other online locations are not under the control of Go Draft, and we are not responsible for the content available on the other websites or other online locations. These links do not imply Go Draft’s endorsement of information or material on any other website or online location and Go Draft disclaims all liability with regard to your access to and use of the links or linked websites or other online locations or content. You should carefully review the terms and conditions and privacy policies of all linked websites or other online locations that you visit.

Social Media

Our Website may contain social media features such as the Facebook Like button and widgets for other social media such as Pinterest, Twitter, Tumbler, and Instagram. These social media features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our Website. Your interactions with these features are governed by the privacy policy and terms of use of the company providing the feature or widget. You should carefully review the terms and conditions and privacy policies. Please be mindful that not all accounts, usernames, sites, handles, pages etc. that make use of the name "GO DRAFT" are actually provided by us. Additionally, we may not respond to comments or questions posted via social media. If your submission to our social media pages or feeds contain questions or comments for Go Draft, we may respond publicly or privately; however, we encourage anyone with questions or comments to visit our website at www.GoDraft.com or to contact us at info@GoDraft.com.

Reviews, Comments, Communications, and Other Content

The Website may contain areas for you to post reviews, share your story, submit comments and other content, and message or communication facilities to enable you to communicate with other users the Website and Go Draft (collectively "User Content"). You retain all rights in, and are solely responsible for your User Content. You acknowledge that your User Content may become available to others on the Website and elsewhere. You agree to post only User Content that is appropriate for general audiences and not confidential or private.

In addition to your obligations stated elsewhere in these terms, you also agree that the following actions are prohibited and a material breach of these terms. By way of example and not limitation, you agree that you will not:

(1) aggregate, copy, duplicate, publish or make available any content to third parties outside the Website in any manner;

(2) defame, abuse, harass, stalk, threaten or otherwise violate the privacy or publicity rights of others, or impersonate anyone else or misrepresent your identity or affiliation;

(3) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, pornographic, offensive, infringing, obscene, indecent or unlawful topic, name, material, content or information;

(4) upload or download files that contain any content protected by intellectual property laws or other laws, unless you own or control the rights or interests or have received all necessary consents or permissions;

(5) upload or transmit files that contain viruses, mal-ware, disabling code, corrupted files, or any other similar software or programs that may damage the operation of another's computer;

(6) use the Website to make available unsolicited advertising or promotional materials, spam, pyramid schemes, chain letters, or similar forms of unauthorized advertising or solicitation, or hack or violate any security measures;

(7) falsify or delete any author attributions, legal or other notices, or proprietary designations or labels of origin or source; or

(8) engage in any other action that, in our judgment, exposes us or any third party to potential liability or detriment of any type.

You grant Go Draft and our affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute and display your User Content in any form throughout the world in any media whether now known or hereafter developed, alone or as part of other works. You further grant Go Draft and our affiliates the right to use the name that you submit in connection with such content in our sole discretion. You represent and warrant that you own or otherwise control all rights to the User Content that you post, that the User Content is accurate, use of the User Content does not violate these terms and will not cause injury to any person or entity. You waive the opportunity to inspect or approve such use, and any obligation to identify you in connection with a submission or User Content. You agree to indemnify Go Draft, its subsidiaries, affiliates, partners or licensors, and their respective officers, agents, partners and employees, against any loss, liability, claim, or demand, including attorneys’ fees, relating to User Content you supply to the Website. It is our policy to decline any unsolicited suggestions or ideas. In addition to the foregoing regarding submissions, any unsolicited suggestions or ideas will be treated as non-proprietary and non-confidential and will not be returned. We may use any intellectual property or other rights in any submission for any purpose, including, without limitation, for developing, manufacturing, distributing and marketing new products.

Go Draft may, but is under no obligation to, monitor and edit or remove any activity or content at its sole discretion. We take no responsibility and assume no liability for any content posted by you or any third party. Go Draft does not necessarily endorse any opinion or statement contained in any submission or User Content.

Notice and Procedures for Making Claims of Copyright or Intellectual Property Infringement

We may, in our sole discretion, disable and/or terminate use by users who infringe the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our copyright agent a notice containing the following information:

(1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(2) a description of the copyrighted work or other intellectual property that you claim has been infringed;

(3) a description of where the material that you claim is infringing is located on the website (providing url(s) in the body of an email is the best way to help us locate content quickly);

(4) your name, address, telephone number, and email address;

(5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

(6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Our copyright agent for notice of claims of copyright or other intellectual property infringement can be reached by sending an email to: info@GoDraft.com.

Disputes and Applicable Law

These terms shall be governed by, and will be construed under, the laws of the state of New York, United States of America, without regard to choice of law principles. You agree that any dispute which may arise out of, under, or in connection with or relate to your visit to or use of the Website shall be submitted to binding arbitration in New York, New York, administered by the American Arbitration Association in accordance with its rules, and the judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. However, to the extent you have violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors, we may seek injunctive or other appropriate relief in any state or federal court located in New York, New York and you consent to exclusive jurisdiction and venue in such courts. You agree that no claim arising out of these terms of use or arising out of, under, or in connection with or relating to your use of the Website may be brought as a class action, and no arbitration under these terms shall be joined with an arbitration involving any other party under these terms, whether through class arbitration proceedings or otherwise.

The Website is controlled in the United States and directed to individuals residing in the United States. Those who choose to access the Website from locations outside the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent applicable. Access to the Website is prohibited from jurisdictions where the Website or content is illegal or penalized. Go Draft reserves the right to limit the availability of the Website and content to any person or jurisdiction in its sole discretion.

Disclaimer of Warranties

The Website and all content on the Website is provided to you on an "as is, as available” basis without warranty of any kind. We make no representations or warranties that use of the Website will be uninterrupted or error free, or as to any results that may be obtained by use of the Website. To the extent permitted by applicable law, we expressly disclaim all warranties, express or implied, including but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We make no warranty as to the accuracy, completeness, reliability or availability of the Website or any content available through the Website. You expressly agree that your use of the Website is at your sole risk.

The Website will use data obtained and licensed from a third party, and the Website makes no warranties as to its accuracy.

The Website makes no warranties as to the accuracy of any projections made, including but not limited to projections of the score of any player in a contest.

Limitation of Liability

Under no circumstances shall we or our affiliates, partners or licensors be liable to you or any other person for any indirect, incidental, consequential, or punitive damages arising out of or relating to these terms, or access to or use of the Website or its content, purchase you make, User Content or submissions to the Website, even if Go Draft has been advised of the possibility of such damages. Your sole and exclusive remedy hereunder shall be for you to discontinue your use of the Website and terminate these terms. These limited remedies shall apply notwithstanding any failure of their essential purpose. Certain state laws do not allow limitations on implied warranties or the exclusive or limitation of certain damages so these limitations and exclusions apply to you to the extent permitted by applicable law. You agree our total liability in the aggregate for any claims made by you or any third party shall not exceed 100 hundred dollars ($100.00) or the total amount of your last Go Draft purchase, whichever is greater.

Indemnification

You agree to indemnify, defend and hold Go Draft, its subsidiaries, affiliates, partners or licensors, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, due to or arising out of (a) your use of or any reliance on the Website or any of its content, products, services or activity; (b) any content or materials posted on or submitted to the Website by you or third parties; (c) a breach of these terms or the privacy policy, any applicable laws, or our rights or those of any third party; and (d) any activity related to your account or any person accessing the Website using your account.

Termination

You may terminate these terms by providing written notice to us. Upon such termination, you shall cease all use of the Website and we shall be permitted to delete your account and any and all information associated therewith.

We may, with or without prior notice, terminate any of the rights granted by these terms. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website.

Notice Required by California Law

Pursuant to California civil code section 1789.3, California residents are entitled to the following specific consumer rights notice:

The name, and address of the provider of this service is:

Go Draft

DC NetCast Media Group Inc., 56 Temperance Street, Suite 300, Toronto, On M5H 3V5

Complaints regarding the service or requests to receive further information regarding use of this service may be sent to the above address or to info@GoDraft.com..

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N112, Sacramento, CA 95834 or by telephone at (916) 445-1245 or (800) 952-5210. Hearing impaired persons may call TDD (800)-326-2297 or TDD (916)-928-1227.

General Information

(a) You acknowledge and agree that these terms of use, which include our privacy policy and other terms and rules referenced herein, constitute the complete and exclusive agreement between us concerning your use of the Website, and supersede and govern all prior proposals, agreements, or other communications. (b) Nothing contained in these terms shall be construed as creating any agency, partnership, or other form of joint enterprise between us. (c) Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. (d) In the event that any provision of these terms and conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these terms unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.

Software Credit - Web Design Company | DreamCo Design

Questions?

if you have any questions regarding these terms and conditions, please contact us at info (at) GoDraft.com or send us a message using our support page.