Snapshot of the source text at fetch time, not a live mirror of the policy page.
Plain-English summary
Underdog's terms include mandatory arbitration and a class action waiver, which significantly limit your legal recourse to individual arbitration for disputes (risk_flags-1). You also waive all claims related to the company's use of tracking software (risk_flags-2). All payments are final with no refunds (risk_flags-3). If you self-exclude, any winnings accumulated during that period will be forfeited (risk_flags-4), and you release Underdog from liability for any harm resulting from self-exclusion (risk_flags-5). The final decision on contest winners is at Underdog's sole discretion (risk_flags-6). The company may monitor and record your communications and geographic location during contests and can use your name, voice, image, and location for marketing without further compensation (data_use-2). Inactive accounts may incur monthly fees, and funds could be remitted to state agencies if deemed abandoned. Underdog can terminate your account and withhold winnings if eligibility requirements are not met or if improper use is suspected, and they are not liable for losses due to your failure to secure your password.
90% confidence
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Risk Flags
6 findings
Critical issues that may lead to significant harm, such as loss of funds, legal rights, or privacy. These are often difficult to reverse.
high95% confidence
Mandatory Arbitration and Class Action Waiver
The terms include an arbitration and class action waiver agreement, requiring that any past, pending, or future disputes between you and the company be resolved by final and binding arbitration on an individual basis only for your own losses. You cannot 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.
Why it matters: You waive your right to sue the company in court and cannot participate in class action lawsuits, limiting your ability to seek damages for your losses in a traditional court setting.
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 Related to Tracking Software
You explicitly waive, release, and compromise any claims you may have against Underdog arising from any past, present, or future use of tracking software, including but not limited to Meta Pixel, "cookies," "GET requests," or JavaScript in HTML code of Underdog's website that intercepts, tracks, stores, and analyzes your interactions for data or targeted advertisement purposes. Underdog states it will have no liability to you for any past claims related to the use of tracking technology.
Why it matters: You cannot pursue legal claims against Underdog for their use of tracking technologies, even for past or future tracking activities that might involve your data.
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
medium95% confidence
No Refunds on Payments
All payments made by you are final, and no refunds will be issued.
Why it matters: You will not receive a refund for any payments you make, even if you stop using the service.
All payments by you are final and no refunds will be issued.
User Account Funds and Withdrawals, paragraph 1 · Citation strength: strong
medium90% confidence
Forfeiture of Winnings During Self-Exclusion
If you enroll in self-exclusion or are otherwise excluded from using the platform, any winnings awarded during the exclusion period will be forfeited. Individuals who self-exclude are prohibited from collecting any winnings or recovering any losses.
Why it matters: If you self-exclude, you will lose any winnings accumulated during that period and cannot claim 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
medium90% confidence
Release of Liability for Self-Exclusion Consequences
When you enroll in self-exclusion, you agree to release the State, its board or commission, and Underdog (its subsidiaries, officers, directors, employees, and agents) from any harm, monetary or otherwise, that may arise as a consequence of the self-exclusion.
Why it matters: If you self-exclude, you cannot hold Underdog or related entities responsible for any negative outcomes or losses resulting from that 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
medium90% confidence
Company's Sole Discretion in Awarding Prizes
The final decision and determination of the winner(s) of a Fantasy Contest is subject to the sole discretion of Underdog.
Why it matters: Underdog has complete control over who is declared a winner, potentially impacting your ability to claim prizes even if you believe you won.
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
Data Use
2 findings
How your data is collected, processed, and shared with others.
medium95% confidence
Publicity Rights for Name, Voice, and Likeness
By entering a Fantasy Contest, you grant license and consent to Underdog and 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 the Fantasy Contest and other Underdog Fantasy Contests and Underdog generally, unless prohibited by law.
Why it matters: Your personal attributes, such as your name, voice, image, and location, can be used for marketing and promotional purposes related to Underdog's services without further compensation beyond contest winnings.
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
low95% confidence
Disclosure of Account Activity and Winnings to Government Entities
Account activity and winnings may be disclosed to any applicable state or federal entities.
Why it matters: Information about your account activity and winnings can be shared with government bodies.
Account activity and winnings may be disclosed to any applicable state or federal entities.
User Account Funds and Withdrawals, paragraph 1 · Citation strength: strong
Cancellation and Renewal
All clear
Terms related to account termination, subscription, and automatic renewals.
✓
Looking good
No billing surprises spotted
Verbaterm only flags concerns it can cite. No cancellation, auto-renewal, or refund terms needed attention here.
Gotchas
1 finding
Potentially unfavorable clauses that may be unexpected or easily overlooked by users.
low90% confidence
Account Suspension During Verification
While your account is pending verification, Underdog reserves the right to prohibit you from depositing funds and you may not be able to participate in any Fantasy Contests until verification is complete. If verification fails, Underdog may terminate or suspend your account and withhold any funds until successful verification.
Why it matters: You may experience delays in using the service, including depositing funds and participating in contests, if your account verification is pending or incomplete.
While your Account is pending verification, Underdog reserves the right in its sole discretion to prohibit you from depositing funds into your Account. You may not be able to participate in any Fantasy Contests until verification of your Account or identity is complete. If we are unable to verify your Account or identity at any point, we reserve the right in our sole discretion to terminate or suspend your Account and withhold any funds until such time as we have been able to successfully verify you.
User Account Funds and Withdrawals, paragraph 1 · Citation strength: strong
Protections
2 findings
Features or policies that benefit and protect users.
Protection95% confidence
Right to Opt-Out of Arbitration
You may opt out of the arbitration agreement within 30 days of entering the agreement, if you have not previously agreed to an arbitration provision with Underdog. However, if you opt out, all other remaining sections of the terms still apply.
Why it helps: This allows you to preserve your right to pursue legal disputes in court and participate in class action lawsuits, rather than being limited to individual arbitration.
OPT-OUT. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION ON A RETROACTIVE BASIS AND AS TO ANY FUTURE CLAIMS, AND YOU HAVE NOT PREVIOUSLY AGREED TO AN ARBITRATION PROVISION WITH US IN CONNECTION WITH YOUR USE OF OUR SERVICES, YOU MAY OPT OUT OF THE ARBITRATION AGREEMENT WITHIN 30 DAYS OF ENTERING THIS AGREEMENT BY FOLLOWING THE INSTRUCTIONS PROVIDED IN THE “BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER” – SEE SECTION 18 OF THESE TERMS, BELOW. OPT OUT REQUESTS SENT AFTER THE 30-DAY PERIOD SHALL BE NULL AND VOID.
Table of Contents, paragraph 1 · Citation strength: strong
Protection95% confidence
Segregated Funds for Winnings
All Fantasy Contest winnings 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 for its operating expenses or other purposes.
Why it helps: This helps protect your winnings by ensuring they are kept separate from Underdog's operational funds, making them more secure and accessible to you.
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.
User Account Funds and Withdrawals, paragraph 1 · Citation strength: strong
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