Last Update Posted: December 18, 2024
Insomniac Games Inc owns and operates the website linked to these Terms of Use. We are pleased to provide you access to our website and the opportunity to participate in our fantasy sports skill contests, other content, products, services, and promotions (collectively, the "Services") that we may offer through our website, subject to these Terms of Use (the "Terms" or "Terms of Use"), our Privacy Policy (the "Privacy Policy"), and the official rules and regulations applicable to contests and promotions (the "Rules" or "Rules and Scoring," collectively referred to with the Terms of Use and Privacy Policy as the "Agreement").
By accessing or using this website, registering for Services provided on this website, or accepting, uploading, submitting, or downloading any information or content from the website, you agree to be bound by these Terms of Use. If you do not agree to all these Terms of Use, do not use this website. These Terms constitute a legal agreement between you and Insomniac Games Inc, and they apply to your use of the website and Services even after termination.
You must be at least eighteen (18) years old to create an account, participate in contests, or win prizes offered on the website. In jurisdictions where the minimum permissible age exceeds eighteen (18), you must meet the local age requirement. It is a criminal offense for individuals who do not meet their local jurisdiction's age requirements to participate in contests.
Legal residents of the Maryland and Colorado are eligible to create accounts and participate in contests offered on the website.
You may only create one account per person to participate in Services offered on the website. If Insomniac Games Inc discovers that you have created more than one account, the company reserves the right to suspend or terminate any or all accounts and to withhold or revoke any prizes, in addition to any other rights it may have. You are responsible for maintaining the confidentiality of your username and password and for all activities, charges, and losses incurred under your account. Allowing others to use your account to participate in contests violates these Terms. You must use a secure and reliable password and may be required to change your password periodically. If you believe someone is using your account without your permission, contact us immediately. Insomniac Games Inc is not responsible for losses or damages arising from your failure to notify us of unauthorized use.
Employees of Insomniac Games Inc (referred to as "Employees") and their immediate family members ("Immediate Family Members" including but not limited to parents, grandparents, in-laws, children, siblings, and spouses residing in the same household) are prohibited from participating in any public cash contest hosted by the website. However, Employees and Immediate Family Members may participate in private contests sponsored by Insomniac Games Inc that offer cash or non-cash prizes. Employees residing in Colorado and their cohabitating relatives are prohibited from participating in any fantasy contests offered by any fantasy contest operator that awards cash prizes.
Professional or amateur athletes, sports agents, coaches, team owners, team employees, referees, or league officials, along with their Immediate Family Members, are prohibited from participating in any contests offered by Insomniac Games Inc that are related to their respective sports.
Users can access the app to view available games ("Contests"). The entry fee for each contest is displayed in the app lobby and on the respective contest page. Entry fees for non-free contests are listed in U.S. dollars. Upon selecting and completing the entry process for a contest, the listed amount will be deducted from your Insomniac Games Inc account. The maximum number of entries allowed per contest is detailed in the "Contest Details" tab.
Depending on your jurisdiction, Insomniac Games Inc accepts major credit cards (including Visa and Mastercard) and Google Pay. Deposits will appear on your statement as Insomniac Games Inc. All payments are final and non-refundable. In the event of a dispute regarding the identity of a contest entry, the entry will be deemed to have been submitted by the individual whose name is registered to the account.
Dormant or inactive accounts may be subject to applicable state regulations regarding unclaimed property.
Participation in any contest signifies that the participant agrees to comply with these rules and the decisions of Insomniac Games Inc, which are final and binding in all respects. If a participant engages in behavior or uses information deemed improper, unfair, or detrimental to the operation of the contest or to other participants, the company reserves the right to disqualify the participant, withhold benefits or prizes, and request the return of any awarded prizes.
Participants are prohibited from entering contests under the following circumstances:
(A)Employees of the company or their immediate family members, unless specified otherwise under the “Eligibility” section;
(B)Employees or operators of any daily fantasy sports site (including sites that charge entry fees or offer prizes) and their immediate family members;
(C)Individuals who have accessed or had access to pre-release confidential information or any other non-public information that is not available to all contest participants, such as data from daily fantasy sports websites or sports governing bodies (e.g., pre-release injury reports) ("Pre-Release Data");
(D)Employees of sponsors, consultants, or vendors of the company or any other daily fantasy sports contest provider who have access to Pre-Release Data or other advantages in contests;
(E)Employees, operators, or consultants of sports governing bodies who are prohibited by the governing body from participating in related contests;
(F)Individuals who violate rules or policies of their employer, any sports governing body, or any other professional organization, including policies related to contest participation or prize acceptance;
(G)Individuals prohibited from participation by court order;
(H)Participants who knowingly gain access to Pre-Release Data or other non-public information from individuals prohibited from participating, thereby gaining an advantage in the contest.
Additionally, the following actions are considered misconduct and may result in disqualification:
(A)Falsifying personal information required for contest entry or prize collection;
(B)Engaging in financial fraud, including unauthorized use of credit tools to enter contests or claim prizes;
(C)Colluding with others or participating in group play;
(D)Violating contest rules or the Terms of Use;
(E)Using a single account to represent multiple participants or collaborating with others in contests;
(F)Using automated means (e.g., scripts or third-party tools) to interact with the website (e.g., creating contests, entering contests, exiting contests, creating lineups, or editing lineups);
(G)Using automated tools (e.g., bots, spiders, screen scrapers) to access or collect information from the website for any purpose;
(H)Exploiting bonuses, referral programs, or other promotions;
(I)Tampering with contest administration or attempting to interfere with computer programs or security measures related to contests;
(J)Collecting other participants' information and sending spam;
(K)Abusing the website in any way.
Participants further acknowledge that forfeiture or return of prizes does not prevent Insomniac Games Inc from pursuing criminal or civil legal action.
By participating in contests or accepting any prize, participants (including but not limited to winners) agree to indemnify and hold harmless Insomniac Games Inc, its parent company, subsidiaries, affiliates, agents, and their respective officers, directors, employees, shareholders, and representatives (collectively, the "Indemnified Parties") from any claims, liabilities, damages, or lawsuits arising from or related to participation in the contest, claiming, owning, using, or misusing any prize, or injuries or damages incurred during activities related to the prize. Insomniac Games Inc may, at its discretion, require authorized account holders to sign a liability waiver as a condition of receiving any prize or compensation.
Insomniac Games Inc is not responsible for:
(A)Incorrect, invalid, or inaccurate entry information;
(B)Human error;
(C)Postal or mail delays;
(D)Technical malfunctions or interruptions, including utility or phone service disruptions;
(E)Omissions, interruptions, deletions, or defects in phone systems, online systems, data, computer equipment, servers, providers, or software (including contest entry-related software or operating systems), which may affect participants or their devices;
(F)Inaccessible websites or web pages;
(G)Contest entries or images that are stolen, tampered with, destroyed, or altered without authorization;
(H)Delays, inaccuracies, or loss of data caused by telecommunications, postal issues, computer or electronic failures, internet service providers, website traffic, or other reasons;
(I)Printing, typographical, or other errors.
Insomniac Games Inc is not responsible for incomplete, illegible, misdirected, or stolen contest entries. If, for any reason, the contest cannot proceed as planned, or if the contest, associated applications, or websites are compromised (due to viruses, errors, tampering, unauthorized interference, participant misconduct, fraud, or technical failures), the company reserves the right to disqualify involved individuals and/or cancel, terminate, extend, modify, or suspend the contest. Winners may be determined from eligible entries received prior to the disruption. Notices regarding such cancellations or changes will be posted on the website.
Participants or individuals attempting to disrupt the website or contest operations are in violation of criminal and/or civil laws. Insomniac Games Inc reserves the right to seek damages or other remedies to the fullest extent permitted by law.
All contest entries become the property of Insomniac Games Inc and will not be acknowledged or returned.
To participate in contests or claim prizes, authorized account holders may be required to provide additional documents or information to verify their identity and eligibility. If there is a dispute about the identity or eligibility of the account holder, Insomniac Games Inc will use collected information to verify identity or eligibility at its sole discretion.
Contests must be entered in accordance with the Terms of Use. Failure to comply with these terms will result in disqualification and forfeiture of prizes where applicable.
Where permitted by law, participants and winners agree that their name, voice, and likeness/photo may be used in connection with the development, production, distribution, and/or promotion of contests or the website. Winners agree to cooperate with Insomniac Games Inc for publicity, advertising, and promotional purposes from the date they are notified as a potential winner until informed otherwise by the company.
In some instances, Insomniac Games Inc reserves the right to transfer participants to substantially similar contests.
9.1 By registering an account and/or using the Services, you agree to provide valid personal information, including your name, date of birth, Social Security number (or last four digits), residential address, email address, phone number, and any additional information requested for identity verification and compliance purposes. Currently only supports Android users to register accounts. If the player enters the game as a guest, no recharge is allowed.
9.2 Identity Verification and Withdrawal
Compliance checks may include anti-fraud reviews of gaming patterns and deposits. Additional information may be required before withdrawals are processed. Upon completion of these checks, you may close your account and withdraw funds or winnings for any reason.
9.3 Funds Security
Player deposits and post-contest winnings are held in segregated bank accounts managed by Insomniac Games Inc subsidiaries. These funds are your property, subject to compliance reviews related to fraud or other prohibited activities. These funds will not be used for operational expenses or other purposes.
9.4 Deposit Limits
Insomniac Games Inc may enforce deposit limits based on state regulations. In Maryland and Colorado, players are limited to depositing $5,000 every 31 days.
9.5 Bonuses and Promotions
If you participate in a promotion to receive bonuses or other benefits, you may be required to match the deposit amount in contest entries (through entry fees paid to participate in contests) to fully unlock the bonus.
9.6 Contest Completion and Winner Announcement
After each contest concludes, provisional winners will be announced (typically the next day), subject to final verification. The player who earns the most virtual points and meets all eligibility requirements and applicable rules will win the prize as outlined in the contest details. Prizes will be added to the winning player’s account balance. In the event of a tie, prizes will be evenly distributed among the tied players unless otherwise specified.
9.7 Contest Types and Fees
Insomniac Games Inc offers various types of contests. The entry fee and prize details for each contest are displayed on the contest page in advance. For an overview of entry fees and prizes for currently available contests, please log in and visit the main lobby.
9.8 Prize Calculation and Adjustments
Prize calculations are based on the results at the time Insomniac Games Inc determines final scores. Once provisional winners are announced, the scores will not be adjusted based on official changes from professional leagues. However, Insomniac Games Inc reserves the right to adjust results in the case of errors or anomalies caused by data provider transmissions or calculation mistakes. Adjustments may also be made for violations of the Terms of Use. Insomniac Games Inc has no obligation to delay prize distribution due to anticipated adjustments but retains the right to revoke payments when adjustments occur. You agree to cooperate with any payment revocation process.
9.9 Prize Restrictions and Responsibilities
Prizes cannot be substituted or transferred. All taxes and fees associated with receiving or using prizes are the sole responsibility of the winners. If any legal authority disputes the awarding of contest prizes, Insomniac Games Inc reserves the right to decide whether to award or adjust prizes at its discretion. Decisions regarding contest winners made by Insomniac Games Inc are final and binding in any dispute.
The list of winners will be published on the website.
Before any payment is made, Insomniac Games Inc may require contestants to complete and sign a declaration of eligibility, which may include, but is not limited to, affirmations that the contestant meets eligibility requirements, complies with other terms of the Agreement, and provides proof of eligibility or compliance documents. If the contestant fails to complete and sign such a declaration within seven (7) days or if Insomniac Games Inc determines that the contestant is ineligible or has violated the Terms, Insomniac Games Inc reserves the right to terminate the contestant's account and withhold or revoke any associated prizes. In such cases, withheld or revoked prizes may be redistributed to other contestants in accordance with contest rules.
Contestants can withdraw cash prizes and deposits via the "Withdraw" option on the website.
To complete prize withdrawals, contestants may be required to provide a signed declaration of eligibility, a release/publicity agreement (where not prohibited by law), tax forms, and identity verification documents, including but not limited to a driver’s license, proof of residence, and information related to the payment/deposit account (or other documents reasonably requested by Insomniac Games Inc). Failure to meet these requirements may result in disqualification and forfeiture of prizes. Determination of non-compliance with the Terms of Use may also lead to disqualification or prize forfeiture.
All taxes related to prizes are the sole responsibility of the winners. If a legal authority disputes the awarding of prizes, Insomniac Games Inc reserves the right to decide whether to award the prize.Prizes may not be substituted or transferred unless Insomniac Games Inc substitutes a prize of equal or greater value if the advertised prize is unavailable. Prizes are awarded "as is" without any warranties, express or implied, including but not limited to merchantability or fitness for a particular purpose.
Withdrawal requests, once approved by Insomniac Games Inc, will be returned to the same credit card or payment method used for the deposit. Insomniac Games Inc will not process withdrawals to alternative payment methods until the cumulative deposit amount has been returned to the original method. Currently only supports players withdrawing money to credit cards.
Insomniac Games Inc implements measures to prevent unauthorized withdrawals from user accounts. Users may be required to verify their identity and account by providing copies of their driver’s license, credit card, billing statement, or passport. If identity and account verification cannot be completed, Insomniac Games Inc will not release funds from the account.
Players may request to withdraw funds from their accounts at any time. Withdrawal requests will be processed within five or ten business days (whichever is later) after submitting legally required tax forms unless Insomniac Games Inc reasonably suspects fraudulent activity or other actions that could violate laws. If a withdrawal request has been processed but not completed due to payment processor, credit card issuer, or financial account delays, it will be considered fulfilled. Players may also close their accounts permanently at any time through Insomniac Games Inc's customer service department for any reason.
In addition to other legal or equitable remedies, Insomniac Games Inc may revoke any or all rights granted to you under this Agreement and suspend your account without prior notice. In such cases, you must immediately cease accessing and using Insomniac Games Inc's website. Insomniac Games Inc may revoke any issued passwords and deny access to the website. Such actions will not affect rights or obligations that arose prior to termination.
Provisions of the Terms of Use intended to survive termination, including but not limited to ownership, disclaimers, indemnification, and liability limitations, will remain effective post-termination.
The website, including but not limited to all content, software, and functionality provided, accessed, or delivered through the website, is offered on an "as is," "as available," and "with all faults" basis. To the maximum extent permitted by law, the company, its parent, subsidiaries, and affiliates make no representations, warranties, or endorsements of any kind (express or implied) regarding the following:
(A) The website itself;
(B) Content and associated software available on the website;
(C) Features accessible on or through the website;
(D) Messages and information sent via the website;
(E) Products or services offered via hyperlinks to third-party providers; and/or
(F) The security of sensitive information transmitted through the website or any linked third-party websites.
The company does not guarantee that the website, any of its features, or any content will be uninterrupted or error-free, that defects will be corrected, or that the website or the servers that make it available are free of viruses or other harmful components.
The company does not guarantee the legality of your activities or use of the app in any particular jurisdiction and explicitly disclaims responsibility for such guarantees. By using the website, you assume all risks and represent and warrant that your activities are lawful in every jurisdiction where you access or use the website and its content. Furthermore, the company, its parent, subsidiaries, and affiliates expressly disclaim any implied warranties, including but not limited to non-infringement, merchantability, fitness for a particular purpose, and title.
The company, its parent, subsidiaries, affiliates, and their respective officers, directors, employees, and representatives are not liable for any errors or issues associated with the app or its content. Certain jurisdictions limit or prohibit the application of disclaimers to implied or other types of warranties, so the above disclaimer may not fully apply to you depending on the laws in your jurisdiction.
You understand and agree that the company’s liability related to your use of the app is subject to the following limitations:
(A)In no event shall the company, its parent, subsidiaries, affiliates, or their respective officers, directors, employees, or representatives (collectively referred to as "Company Entities and Individuals") be liable for any type of losses or damages (including but not limited to special, direct, indirect, incidental, punitive, economic, or consequential damages) resulting from:
The website, its content, or information you upload;
Your use or inability to use the website or its performance;
Actions taken by the company or law enforcement related to your use of the app or its content;
Actions taken by copyright owners; or
Errors or omissions in the technical operation of the app, even if such damages are foreseeable or if Company Entities and Individuals have been advised of the possibility of such damages.
In no event shall Company Entities and Individuals be liable for any loss or injury (including but not limited to death or personal injury) suffered by you or others. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so these limitations may not apply to you.
The maximum liability of Company Entities and Individuals to you for all damages, losses, or causes of action shall not exceed one hundred dollars ($100). The company is not responsible for any damages to your computer, hardware, software, or other technology, including but not limited to issues caused by security breaches, viruses, errors, tampering, fraud, omissions, interruptions, or technical malfunctions.
Your use of the app is at your sole risk. If you are dissatisfied with the website or its content, your sole and exclusive remedy is to discontinue accessing and using the website and its content. You acknowledge and agree that damages resulting from the company’s actions or inactions are insufficient to warrant an injunction prohibiting the company or its affiliates from developing, producing, distributing, promoting, or utilizing the website or any related content.
The website’s content, including but not limited to text, software, scripts, graphics, photos, sounds, music, videos, interactive features, trademarks, service marks, and logos (collectively referred to as "Intellectual Property"), is owned or licensed by Insomniac Games Inc and is protected under U.S. and international copyright and intellectual property laws. The content is provided "as is" for your informational and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose without prior written consent from the rightful owner.
Insomniac Games Inc reserves all rights not expressly granted in and to the website and Intellectual Property. You agree not to engage in any use, copying, or distribution of Intellectual Property beyond what is explicitly authorized in this Agreement. If you download or print a copy of Intellectual Property for personal use, you must retain all copyright and proprietary notices contained therein. You agree not to circumvent, disable, or otherwise interfere with the website’s security features or features that restrict or limit the use of Intellectual Property or enforce restrictions on its use.
If either party initiates proceedings related to this section outside of the Designated Court, the other party may recover reasonable attorney’s fees and costs incurred in enforcing this Agreement and the Designated Court provision.
These Terms do not confer or create any rights or benefits for third parties, except as explicitly stated. By participating in any contests on the website, you agree to indemnify, protect, defend, and hold Insomniac Games Inc, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, and representatives harmless from any third-party Claims arising out of or related to your use of the website, payment methods, account funding, and contest participation.
The website may contain links to third-party websites that are not owned or controlled by Insomniac Games Inc. The company is not responsible for the content, privacy policies, or practices of third-party websites. By using the website, you expressly release Insomniac Games Inc from liability for any issues arising from third-party websites.
No provision in these Terms shall create a partnership, agency, fiduciary, or joint venture relationship between you and Insomniac Games Inc.
If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the remaining provisions shall remain valid and enforceable.
Failure to enforce any provision of these Terms shall not constitute a waiver of that or any other provision.
Insomniac Games Inc reserves the right to modify these Terms at any time without notice. Continued use of the services after modifications constitutes acceptance of the updated Terms.
The trademarks displayed on the website, including Insomniac Games Inc trademarks, are owned by Insomniac Games Inc or its affiliates in the U.S. and other countries. You may not remove or alter any trademarks, trade names, product names, logos, copyright, or proprietary notices on the website.
For questions, disputes, or complaints, you may contact us via the "Contact Us" page. Communications with Insomniac Games Inc may be monitored and recorded.
These Terms also apply to the use of Insomniac Games Inc mobile applications. They are intended to supplement the End User License Agreement. In case of a conflict, these Terms shall prevail. References to the website in this Agreement shall also include mobile applications.
Content providers are prohibited from distributing pre-configured lineups that require no substantial input from users.
Lineup tools must require users to make multiple independent and substantial decisions before generating lineups.
Providers must ensure their customers do not generate identical or substantially similar lineups through their tools.
Insomniac Games Inc reserves the right to enforce these Terms if content providers’ platforms (including websites, apps, or social media) negatively affect the brand’s integrity or operations, including negative portrayals or detrimental impact on Insomniac Games Inc products or operations.