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Plain-English summary
This service includes an arbitration clause and class action waiver, which means you cannot sue the company in court or participate in class action lawsuits. You also waive claims related to tracking software use and forfeit winnings if you self-exclude. Additionally, the company may charge inactivity fees on dormant accounts and has sole discretion in determining contest winners.
89% confidence
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Risk Flags
4 findings
These are high-priority concerns that could lead to significant harm or privacy loss.
high95% confidence
Waiver of class action and jury trial rights
The terms include an arbitration and class action waiver agreement, meaning past, pending, or future disputes must be resolved by binding arbitration on an individual basis only. You cannot act as a class representative or recover on behalf of others, and you will not be able to seek damages in court or present your case to a jury.
Why it matters: You waive your right to participate in class action lawsuits and your right to a jury trial for any disputes with the company. All disputes must be resolved through individual arbitration, limiting your ability to seek collective redress or have a court hear your case.
IMPORTANT NOTICE: THESE TERMS OF USE INCLUDE AN ARBITRATION AND CLASS ACTION WAIVER AGREEMENT WHICH REQUIRES THAT ANY PAST, PENDING, OR FUTURE DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS ONLY AND FOR YOUR OWN LOSSES ONLY. YOU MAY NOT PROCEED AS A CLASS REPRESENTATIVE, MEMBER OR PART OF ANY PROPOSED CLASS, COLLECTIVE ACTION, 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 OF OTHERS IN ANY TYPE OF CLAIM OR ACTION. ARBITRATION MEANS YOU WILL NOT BE ABLE TO SEEK DAMAGES IN COURT OR PRESENT YOUR CASE TO A JURY.
Table of Contents, paragraph 1 · Citation strength: strong
high95% confidence
Waiver of claims for tracking software use
You fully waive, release, and compromise any claims against Underdog arising from any past, present, or future use of tracking software, including Meta Pixel, cookies, 'GET REQUESTS,' or JavaScript in HTML code that intercepts, tracks, stores, and analyzes your interactions for data or targeted advertisement. Underdog will have no liability for past claims related to tracking technology use.
Why it matters: You give up your right to pursue legal action against the company for any issues related to their use of tracking technologies, including for past, present, or future tracking of your online activity for data collection and targeted advertising.
IT IS AN EXPRESS CONDITION OF THIS AGREEMENT THAT ANY CLAIMS YOU MAY HAVE AGAINST UNDERDOG ARISING FROM ANY PAST, PRESENT OR FUTURE USE OF TRACKING SOFTWARE, INCLUDING BUT NOT LIMITED TO USE OF A META PIXEL, “COOKIES,” “GET REQUESTS” OR JAVASCRIPT IN HTML CODE OF UNDERDOG’S WEBSITE THAT INTERCEPTS, TRACKS, STORES, AND ANALYZES YOUR INTERACTIONS WITH UNDERDOG’S WEBSITE FOR PURPOSES OF OBTAINING DATA OR TARGETED ADVERTISEMENT ARE HEREBY FULLY WAIVED, RELEASED AND COMPROMISED. UNDERDOG SHALL HAVE NO LIABILITY TO YOU FOR ANY PAST CLAIMS ARISING OUT OF OR RELATED TO THE USE OF TRACKING TECHNOLOGY.
Table of Contents, paragraph 1 · Citation strength: strong
high90% confidence
Forfeiture of winnings during self-exclusion
Individuals who enroll in self-exclusion are prohibited from collecting any winnings. All winnings awarded during the exclusion period will be forfeited.
Why it matters: If you self-exclude from the platform, any winnings you may have accrued or that are awarded during your exclusion period will be forfeited, meaning you will not be able to collect them.
Individuals who enroll in self-exclusion, or are otherwise excluded from the use of the Platform, are prohibited from collecting any winnings, recovering any losses, or accepting complimentary gifts or services or any other thing of value from a licensee or operator. Any Fantasy Contests that are in progress, pending, or otherwise unsettled at the time the self-exclusion is enabled will be settled upon the result of each Fantasy Contest, unless otherwise prohibited by applicable laws, rules, or regulations. All winnings awarded during the exclusion period will be forfeited.
Communications and Information Practices, paragraph 1 · Citation strength: strong
high90% confidence
Release from liability during self-exclusion
When enrolling in self-exclusion, you agree to release the State, its board or commission, and Underdog (its subsidiaries, officers, directors, employees, and agents) from harm, monetary or otherwise, that may arise as a consequence of the self-exclusion.
Why it matters: By choosing to self-exclude, you waive your right to hold the company, its affiliates, and government bodies responsible for any harm or losses that occur as a result of your self-exclusion.
When enrolling in self-exclusion you agree to release all of the following from harm, monetary or otherwise, that may arise as a consequence of the self-exclusion: The State, and/or jurisdiction which oversees the regulations of the state you are located in. The board or commission of the state you are located in. Underdog, its subsidiaries, officers, directors, employees, and agents.
Communications and Information Practices, paragraph 1 · Citation strength: strong
Data Use
3 findings
This section reviews how your data is collected, processed, and shared.
medium90% confidence
Disclosure of account activity and winnings to authorities
Account activity and winnings may be disclosed to any applicable state or federal entities.
Why it matters: Your account activities and winnings can be shared with state and federal government agencies.
Account activity and winnings may be disclosed to any applicable state or federal entities.
User Account Funds and Withdrawals, paragraph 1 · Citation strength: strong
medium90% confidence
Required provision of personal information for tax compliance
If requested by Underdog, you must provide all information necessary for tax compliance, including updated address, phone, and social security number details, which may be shared with tax authorities.
Why it matters: You are required to provide personal information such as your address, phone number, and social security number for tax purposes, and this information may be shared with tax authorities.
If requested by Underdog, you shall provide all information necessary for Underdog to perform or evaluate any of its obligations under state or federal law, including any updated address, phone and social security number details to Underdog. These details will be used to allow Underdog to comply with tax regulations and may be shared with appropriate tax authorities.
Publicity license and release for name, voice, likeness, etc.
By entering a Fantasy Contest, you grant a license and consent for Underdog, its service providers, and business partners to use your name, voice, likeness, image, location, photograph, or video in connection with the development, production, distribution, and exploitation (including marketing and promotion) of Fantasy Contests and Underdog generally.
Why it matters: The company and its partners can use your personal attributes like your name, voice, image, and location for marketing and promotional purposes related to their contests and services without further compensation, unless explicitly prohibited by law.
By entering a Fantasy Contest, you grant license and consent to Underdog’s and its service providers’ and business partners’ use of your name, voice, likeness, image, location, photograph or video in connection with the development, production, distribution and/or exploitation (including marketing and promotion) of the selected Fantasy Contest and/or other Underdog Fantasy Contests and Underdog generally, unless otherwise prohibited by law.
Publicity License and Release, paragraph 1 · Citation strength: strong
Cancellation and Renewal
2 findings
This section examines conditions related to account termination, subscription renewals, and associated refunds.
medium95% confidence
No refunds for all payments
All payments made by you are final and no refunds will be issued.
Why it matters: You will not receive refunds for any payments made to the company, as all payments are considered final.
All payments by you are final and no refunds will be issued.
User Account Funds and Withdrawals, paragraph 1 · Citation strength: strong
medium90% confidence
Inactivity fees for inactive accounts
Underdog may consider your Account inactive if you have not entered a Fantasy Contest, made a deposit, or made a withdrawal for 18 months. Unless prohibited by applicable law, Underdog may impose a $4.00 per month 'Inactivity Fee' on all inactive accounts until reactivated.
Why it matters: If your account remains inactive for 18 months, you may be charged a monthly inactivity fee of $4.00, potentially reducing your account balance even if you don't use the service.
Underdog may, in its sole discretion, for purposes of the Inactivity Fee (defined below), consider and treat your Account as inactive if you have not entered a Fantasy Contest, made a deposit, or made a withdrawal from your Account for 18 months. Unless prohibited by applicable law, Underdog may impose a fee of $4.00 per month (“Inactivity Fee”) on all inactive accounts until the Account is reactivated by entering a Fantasy Contest, making a deposit, or withdrawing from your Account. Upon reactivation, prior inactivity fees will not be refunded.
User Account Funds and Withdrawals, paragraph 1 · Citation strength: strong
Gotchas
1 finding
These clauses contain surprising or unfair terms that could be detrimental to users.
medium90% confidence
Underdog's sole discretion in determining contest winners
The final decision and determination of the winner(s) of any Fantasy Contest shall be subject to the sole discretion of Underdog.
Why it matters: The company has the sole authority to determine the winners of contests, meaning their decision is final and cannot be disputed by users.
In short, you agree that the final decision and determination of the winner(s) of the Fantasy Contest shall be subject to the sole discretion of Underdog.
Publicity License and Release, paragraph 3 · Citation strength: strong
Protections
1 finding
These are clauses that offer specific benefits or safeguards to users.
Protection95% confidence
Segregated bank accounts for user winnings
All Fantasy Contest winnings you obtain will be added to your Underdog Account balance and held in a separate, segregated bank account by a subsidiary of Underdog. These funds belong to you and Underdog may not use them to cover its operating expenses or for other purposes.
Why it helps: Your winnings are protected in a separate bank account, ensuring they are not used for the company's operational expenses and are available for your withdrawals.
If you participate in Fantasy Contests, all Fantasy Contest winnings you obtain will be added to your Underdog Account balance, and such funds will be held in a separate, segregated bank Account by a subsidiary of Underdog. These funds belong to you, subject to review for evidence of fraud, verification or other prohibited conduct as described above, and Underdog may not use them to cover its operating expenses or for other purposes. Your withdrawals of Fantasy Contest winnings will be made from this segregated bank Account, and any checks or other payments issued from that Account may bear the name of Underdog’s subsidiary.
User Account Funds and Withdrawals, paragraph 1 · Citation strength: strong
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