This Website is operated by All American Fantasy Sports Entertainment ("AAFSE"). The All American Fantasy Sports Home Run Derby operated online at www.allamericanfantasy.com/baseball (the “Site”) is an online service offering fantasy sports games ("Contests") for the sports community. The following Terms and Conditions ("T&C") apply to your use of the Site, including access to the Services and Content available throughout the Site. Please read these T&C carefully before using the Site, accessing the Content and/or using the Services.
By using the Site, the Services, or the Content, you are consenting to the T&C expressed in this agreement. Your use of the Site, the Content, and the Services is also subject to all applicable laws and regulations. If you do not agree to any of the T&C in this agreement, you should not use the Site, the Services, or the Content.
AAFSE will not be liable for any damages of any kind resulting from the use of the Site, including but not limited to direct, indirect, incidental punitive and consequential damages. AAFSE will not be liable for any damages that may result from misrepresentation of age by a user of the Site. AAFSE does not warrant that it will operate error-free or that its servers are free of computer viruses and other harmful goods. If your use of the Site or the material results in the need for servicing or replacing equipment or data, AAFSE is not responsible for those costs.
Terms of Service
AAFSE provides the Content and the Services to you subject to the following T&C. We reserve the right to make changes to our site and these disclaimers, terms, and conditions at any time with or without notice to its users. By use of the site you irrevocably consent that any claim against the AAFSE will be brought in a court in the State of Illinois and that any such claim will be governed by Illinois law without regard to choice of law principals. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Services and Content
AAFSE currently provides users with various features and services, including fantasy league management, statistical review, and other interactive and non-interactive features, all of which may be updated, deleted, or otherwise modified from time to time at the discretion of AAFSE. In addition, the Site provides access to certain photographs, text, images, statistics, logos, and other media and intellectual property related to or otherwise associated with AAFSE. Unless stated otherwise, the site, the Services, and the Content are subject to the T&C. You understand and agree that the Site, the Services, and the Content are provided "AS IS" and that AAFSE assumes no responsibility in connection with your use of the Site, the Services, or the Content. The Site, the Services, and the Content are provided for your non-commercial entertainment and enjoyment. You may not distribute, modify, republish, or publicly display any of the Content or Services unless you have the prior written permission of AAFSE.
In order to use the Services, you will be required to register with AAFSE by providing certain information about yourself, including your name and email address. In consideration of your use of the Services, you agree to provide true, accurate, current and complete information about yourself as requested in connection with the provision of and/or registration for any of the Services, subject, of course, to all applicable laws. If you provide any information that is untrue, inaccurate, not current, or incomplete, or AAFSE has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, AAFSE has the right to suspend or terminate your password and/or refuse any and all current or future use of the Services.
The All American Home Run Derby is open to: (a) Registered members; (b) legal residents of one (1) of the fifty (50) United States, and Washington DC; and (c) at least eighteen (18) years of age or age of majority in your state of residence. Residents of Arizona, Iowa, Louisiana, Maryland, Montana, North Dakota, and Vermont may NOT participate in games and will be banned immediatley if found to be registered. VOID where prohibited.
Game of Skill
The All American Home Run Derby is a game of skill. For each Contest, the winner will be determined by the participant who uses his or her skill and knowledge of baseball to select the best team.
AAFSE complies with the 2006 Unlawful Internet Gambling Enforcement Act. The curators of this site do not endorse or condone gambling and therefore have incorporated levels of skill in all facets of this game. The awards are awarded based on the level of skill required to win that award. Any type of gambling on this contest is prohibited and AAFSE is not responsible for any gambling related to this Contest.
Once a team is entered it may not be modified. The Site does not require a user to select 5 players, therefore if only 4 players are selected then that is the team.
Home runs are the only scoring category. The most home runs win.
AAFSE reserves the right to cancel or terminate the Contest at any time prior to completion due to an act of terrorism, an act of God, or any other event or reason in their sole discretion. If such cancellation occurs, then AAFSE will return all entrance fees collected from participants. AAFSE is not responsible for any losses or liability for any losses claimed by any participant or co-manager due to cancellation of the Contest.
Any disputes or appeals regarding the rules and/or scoring decisions and adjustments will be decided by AAFSE using its interpretation of the rules. AAFSE will consider the intent and spirit of the rules; the integrity of the event; as well as the feasibility of accommodating any changes. Any and all disputes must be submitted via email on the “Contact Us” page to the website administrators. The period for submitting disputes is 5 days after the contest ends. All rulings made by AAFSE are final and binding.
Monetary prizes will be sent via Paypal within 5 days after the completion of the contest. Winners of non-monetary prizes will be notified by email within 5 days after the completion of the contest. By accepting any prize, the winners grant permission to AAFSE to use their names and/or likenesses for publicity and promotional purposes without further compensation, unless prohibited by law, and agree to execute a written consent.
All taxes, including, without limitation, all federal, state and local taxes are the sole responsibility of each individual winner. Any non-cash prizes may not be substituted for cash.
Passwords and Security
You are responsible for maintaining the confidentiality of your password, and are fully responsible for all activities that occur under your password. AAFSE cannot and will not be liable for any loss or damage arising from your failure to comply. Use the “Contact Us” section if assistance is needed.
You agree that in connection with your use of the Site, the Services, and the Content you will not:
a. Upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of anyone's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. Harm or attempt to harm minors in any way;
c. Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. Upload, post, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
e. Upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other intellectual property right of any party;
f. Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
g. Upload, post, email or otherwise transmit any material that contains 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;
h. Interfere with or disrupt the Site, the Services, the Content or servers or networks connected to AAFSE, the Services or the Content, or disobey any requirements, procedures, policies or regulations of networks connected to AAFSE, the Services and/or the Content;
i. Intentionally or unintentionally violate any applicable local, state, national or international law.
You agree to indemnify, defend and hold harmless AAFSE, the directors, governors, owners, other officials, partners, partnerships, principals, employees, affiliates and other related entities, servants, agents, representatives, successors and assigns from and against any claim or demand, including reasonable attorneys' fees, arising out of Messages you post to, submit or transmit through the Site or the Services, your use of the Site or the Services, your connection to the Site or the Services, your violation of the T&C, or your violation of any rights of another.
Modifications to The All AMerican home run derby
AAFSE reserves the right at any time to modify or discontinue, temporarily or permanently, the Site or Services (or any part thereof) with or without notice.
You agree that AAFSE, in its sole discretion, may terminate your password or use of the Site and/or the Services for any reason, including, without limitation, for lack of use or if AAFSE believes that you have violated or acted inconsistently with the letter or spirit of the T&C. AAFSE may also in its sole discretion and at any time discontinue providing the Site or the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of this T&C may be effected without prior notice, and acknowledge and agree that AAFSE may immediately deactivate or delete your password and all related information and/or files corresponding to your password and/or bar any further access to such files or the Services.
Advertisers and Vendors
Your correspondence or business dealings with, or participation in promotions of, advertisers and vendors found on or through the Services or the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser and/or vendor. You agree that AAFSE shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or vendors on the Site or in connection with the Services. All of your business dealings with vendors and advertisers appearing on the Site or in connection with the Services shall be at your sole risk.
AAFSE may provide, or third parties may provide, links to other World Wide Web sites or resources. Because AAFSE has no control over such sites and resources, you acknowledge and agree that AAFSE is not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that AAFSE shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Notices to you may be made via email. AAFSE may also provide notices of changes to the T&C or other matters by displaying notices or links to notices to you generally on the Services.
Services and Content are the property of AAFSE and are licensed to AAFSE and may not be reproduced without the prior written consent of AAFSE. You further acknowledge and agree that any necessary software used in connection with the Site, the Services, and the Content (the "Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws and are either owned by or licensed to AAFSE; and (ii) content contained in sponsor advertisements or information presented to you through the Site, the Services, and the Content or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by AAFSE or advertisers, you agree not to reproduce, republish, upload, post, transmit, distribute, copy, publicly display or otherwise use any Content or any derivative works based on the Site, Services, Content or the Software, in whole or in part. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interface that is provided by AAFSE for use in accessing the Services.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SITE, THE SERVICES AND THE CONTENT IS AT YOUR SOLE RISK. THE WEBSITE, THE SERVICES AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AAFSE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. AAFSE MAKES NO WARRANTY THAT (i) THE SITE, SERVICES OR THE CONTENT WILL MEET YOUR REQUIREMENTS, (ii) THE SITE, THE SERVICES OR THE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE SITE, THE SERVICES OR THE CONTENT WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, THE SERVICES OR THE CONTENT WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE OPERATING ON THE SITE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR THROUGH OR FROM THE SERVICES OR THE CONTENT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE T&C.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT AAFSE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AAFSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE, THE SERVICES, OR THE CONTENT; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE, THE SERVICES, OR THE CONTENT; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, THE SERVICES, OR IN THE CONTENT; OR (v) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICES, OR THE CONTENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS ‘DISCLAIMER OF WARRANTIES’ AND ‘LIMITATION OF LIABILITY’ MAY NOT APPLY TO YOU.
The T&C constitute the entire agreement between you and AAFSE and governs your use of the Site, the Services, and access to the Content, superseding any prior agreements between you and AAFSE. You also may be subject to additional T&C that may apply when you use affiliate services, third-party content or third party software. The T&C and the relationship between you and AAFSE shall be governed by the laws of Illinois and applicable federal laws. You and AAFSE agree to submit to the personal and exclusive jurisdiction of the courts located within Illinois. The failure of AAFSE to exercise or enforce any right or provision of the T&C shall not constitute a waiver of such right or provision. If any provision of the T&C is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the T&C remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the T&C must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the T&C are for convenience only and have no legal or contractual effect.
If you have any questions or comments about the AAFSE terms and conditions and other issues, please feel free to contact us via the ‘Contact Us’ page.
All American Fantasy Sports Entertainment, 4237 N Western Ave., Chicago, IL, 60618
Terms and Conditions last updated on 5/27/11