TERMS OF USE
These Terms of Use were last revised on March 26, 2025.
Perfect Draft LLC, a Nevada limited liability company ("Perfect Draft") provides the thedraftpro.com site and related goods and services, including Fantasy Draft Games, Perfect Draft Contests, User Fantasy Draft Games, the Draft Pro Mobile App, any other mobile applications, online software, and other services (collectively, the "Perfect Draft Service") subject to your compliance with the terms and conditions set forth below. Your use of the Perfect Draft Service signifies your acknowledgment of and agreement to these Terms of Use.
These Terms of Use apply to all users of the Perfect Draft Service. The term "users" includes both registered members of the Perfect Draft Service and any other person that accesses or uses the Perfect Draft Service at any point for any amount of time.
NO PURCHASE IS NECESSARY TO ENTER OR WIN ANY FANTASY DRAFT GAME OR PERFECT DRAFT CONTEST. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
THE FANTASY DRAFT GAMES AND PERFECT DRAFT CONTESTS ARE NOT SPONSORED, ADMINISTERED, EXECUTED, OR PRODUCED BY ANY AMATEUR, COLLEGE, OR PROFESSIONAL SPORTS PLAYER, TEAM, OR LEAGUE.
1. FANTASY DRAFT GAMES
1.1. Fantasy Draft Games. The Perfect Draft Service allows users to participate in fantasy sports games of skill, including Perfect Draft Contests and User Fantasy Draft Games ("Fantasy Draft Games"). The Fantasy Draft Games require users to use their knowledge of sports, sports players, sports leagues, and scouting, to accumulate more points than other participants.
1.2. Fantasy Draft Games. Perfect Draft may create one or more skill-based contests where users participate in fantasy sports games of skill ("Perfect Draft Contests"). Users may also set up their own Fantasy Draft Games and invite other users to participate ("User Fantasy Draft Games").
1.3. Fantasy Draft Game Rules. The rules, point scoring, winning conditions for various Fantasy Draft Games will be set by Perfect Draft and may be updated from time to time by Perfect Draft, without notice or liability of any kind. Perfect Draft shall have the sole authority to interpret the rules and determine scoring issues and final scoring for all Fantasy Draft Games. The current rules for Fantasy Draft Games can be found on the website thedraftpro.com and on The Draft Pro mobile application.
1.4. Entertainment Purposes Only. The Perfect Draft Service is for entertainment purposes only and may not be used in connection with any form of gambling or wagering. The Perfect Draft Service may not be used in any commercial way, including, without limitation, to create, and/or operate as a business, and/or derive any pecuniary gain. Perfect Draft does not represent or warrant that every action you take with regard to your account and related activities in connection with the Perfect Draft Service and setting up User Fantasy Draft Games will be legal in any particular jurisdiction. It is incumbent upon you to know the laws that pertain to you in your jurisdiction and act lawfully at all times when using the Perfect Draft Service.
1.5. Live Updates. To the extent that the Perfect Draft Service provides live updates for a Fantasy Draft Game or Perfect Draft Contest, all such information is unofficial and for informational and entertainment purposes only.
1.6. Suspension and/or Termination of Account. Perfect Draft expressly reserves the right to immediately modify, suspend or terminate your Perfect Draft Service account without notice and refuse current or future use of the Perfect Draft Service, at any time in its sole and exclusive discretion.
1.7. Modification of Services. Fantasy Draft Games and the Perfect Draft Service, are offered at the discretion of Perfect Draft and Perfect Draft has the right to modify or discontinue, temporarily or permanently, any Fantasy Draft Game and/or the Perfect Draft Service, in whole or in part for any reason, with or without notice to you. You agree that Perfect Draft will not be liable to you or to any third party for any modifications or discontinuance, including, without limitation, the cancellation of any Fantasy Draft Games or the Perfect Draft Service.
1.8. Use of Personal Information. By entering a Fantasy Draft Game, entrants will be sharing their personal information with Perfect Draft. Personal information collected by Perfect Draft will be used for administration of the Fantasy Draft Games and in connection with other promotional activities by Perfect Draft. Personal information may also be shared with Perfect Draft's affiliates and partners. In addition, sometimes Perfect Draft hires companies to help deliver products or services, such as a third-party prize provider or a company that provides payment processing. In those instances, there is a need to share your personal information with these companies. In addition, by entering, entrants agree to Perfect Draft's use of entrant's personal information as described in its privacy policy. Please refer to Perfect Draft's privacy policy for important information regarding the collection, use and disclosure of personal information by Perfect Draft.
1.9. Publicity. By entering a Fantasy Draft Game, each entrant irrevocably grants to Perfect Draft and its parent companies, subsidiaries, affiliates and advertising and promotion agencies, and the successors and assigns and licensees of each of the foregoing and all other companies involved in the Perfect Draft Contests or the provision of any prize (collectively, the "Licensees") the right to use the entrant's name, likeness (including photographs and videos of the entrant), voice, biographical information and/or statements attributed to the entrant ("Personality Rights"), in perpetuity, throughout the world, in all media and formats whether now or later known or developed, including without limitation via Perfect Draft's and third-party websites and social media and digital channels, for commercial purposes and any other purposes (including without limitation advertising and promotion), without further notice or compensation, unless prohibited by law.
1.10. Release of Liability. By participating in Fantasy Draft Games and/or accepting a prize, participants agree to release, discharge and hold harmless Perfect Draft, its sponsors and affiliated companies, each of their respective parents, subsidiaries and affiliated entities, and each of their respective direct and indirect subsidiaries and affiliates, and each of their respective directors, employees, officers, franchisees, licensees, licensors and agents, advertising and promotion entities, prize suppliers, fulfillment agencies and any person or entity associated with the production or administration of the Fantasy Draft Games or the awarding of prizes (collectively, the "Releasees") from and against any and all claims, actions, demands, liabilities, losses or damages of any kind whatsoever (including, without limitation, bodily injury, personal injury, death, disability and property damage), costs and expenses (including, without limitation, reasonable attorneys' fees, court costs, settlement and disbursements) directly or indirectly arising from or in connection with their participation in the Fantasy Draft Games and/or the redemption, awarding, receipt and/or use or misuse, loss or misdirection of prize or any portion of a prize and participation in any prize-related activities and hereby waive all rights to claim punitive, incidental and consequential damages.
1.11. Limitation of Liability. The Releasees shall not be liable for (i) late, lost, delayed, stolen, misdirected, incomplete, unreadable, inaccurate, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; or (iv) any printing, human, typographical, administrative or technological errors in any materials associated with the Fantasy Draft Games or the awarding of prizes; and (v) damage to any computer system or mobile device resulting from participating in, accessing or downloading the Draft Pro Mobile App or information in connection with this Perfect Draft Contests.
1.12. Service Disruptions. Perfect Draft makes no guarantee as to the availability of its software or services and does not guarantee that Perfect Draft Service, including the Draft Pro Mobile App, will be accessible during Fantasy Draft Games. Service outages or the inability to accesses the Perfect Draft Service may occur for many reasons. You acknowledge and agree that Perfect Draft shall not be responsible for any losses or damages of any kind that may be suffered by you as a result of any service interruptions or outages, including if an outage occurs during a Fantasy Draft Game. If for any reason Fantasy Draft Game is not capable of running as originally planned, Perfect Draft reserves the right to cancel, terminate, or modify any Fantasy Draft Game.
2. PERFECT DRAFT CONTEST RULES
2.1. Perfect Draft Contests. The Perfect Draft Contests require users to use their knowledge of sports, sports players, sports leagues, and scouting, to accumulate more points than other participants.
2.2. Perfect Draft Rules, Scoring and Winning Conditions. The rules, point scoring, winning conditions for various Perfect Draft Contests will be set by Perfect Draft and may be updated from time to time by Perfect Draft, without notice or liability of any kind. Perfect Draft shall have the sole authority to interpret the rules and determine scoring issues and final scoring for all Perfect Draft Contests. The current rules, point scoring, winning conditions for Perfect Draft Contests can be found on the website thedraftpro.com and on The Draft Pro mobile application.
2.3. Eligibility. Perfect Draft Contests are open only to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at the time of entry. Athletes who have declared for a draft which is part of a Perfect Draft Contest and employees of professional leagues and teams which are part of a Perfect Draft Contest, as well as their agents, representatives, parent and affiliate companies, and the immediate family (spouse, parents, siblings and children) and household members of each such person are not eligible. The Perfect Draft Contests are subject to all applicable federal, state, and local laws and regulations and are void where prohibited.
2.4. Full Agreement. Participation constitutes the entrant's full and unconditional agreement to these Terms of Use as well as any rules, point scoring, winning conditions set by Perfect Draft. Perfect Draft decisions are final and binding in all matters related to the Perfect Draft Contests. Winning a prize is contingent upon fulfilling all requirements set forth in these Terms of Use as well as any rules, point scoring, winning conditions set by Perfect Draft.
2.5. How to Enter. Visit the thedraftpro.com or download the free Draft Pro Mobile App and follow the links and instructions provided to opt-into a Perfect Draft Contest. Please Note: if you use your wireless mobile device to enter a Perfect Draft Contest, standard message and data rates may apply. Please consult your wireless service provider regarding its pricing plans prior to entering via your wireless mobile device. Perfect Draft's computer timeclock is the official timekeeper for all Perfect Draft Contests matters.
2.6. Limit. You may only create the number of entries allowed per person for each Perfect Draft Contest. Depending on the contest, multiple entries may or may not be allowed. Multiple entrants are not permitted to share the same email address or account. Any attempt by any entrant to enter more than the number of entries allowed per person for each Perfect Draft Contest using multiple/different email addresses, identities, registrations and logins, or any other methods will make that entrant's entries ineligible for the Perfect Draft Contest and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any entry, the authorized account holder of the email address used to register will be deemed to be the entrant. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each potential winner may be required to show proof of being the authorized account holder.
2.7. Eligibility / Representations and Warranties. At all times when using the Perfect Draft Service or participating in any Fantasy Draft Game or receiving any prize, you hereby represent and warrant the following (collectively, "Warranties"):
(a) You are a natural person (not a corporation or other entity);
(b) You reside and are currently physically located in the United States;
(c) You reside and are currently physically located in a jurisdiction where participation in the Fantasy Draft Games is not prohibited by applicable law;
(d) You are over the age of eighteen (18) and over the age of majority where you reside;
(e) You are not subject to backup withholding tax because: (i) you are exempt from backup withholding, or (ii) you have not been notified by the Internal Revenue Service ("IRS") that you are subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified you that you are no longer subject to backup withholding; and
(f) You are the owner and authorized account holder for any Fantasy Draft Games you participate in.
2.8. Prohibited Conduct. At all times when using the Perfect Draft Service or participating in any Fantasy Draft Game or receiving any prize, you agree not to engage in any of the following prohibit conduct (collectively, "Prohibit Conduct"):
(a) Falsifying personal information;
(b) Creating more than one Perfect Draft Service account;
(c) Using automated scripts, bots, scrapers, or any other programs;
(d) Colluding with any other individuals or attempting to fix the outcome of any Fantasy Draft Game;
(e) Engaging in financial fraud or abuse of any promotions or referral programs;
(f) Interfering, manipulating, tampering, or abusing the Perfect Draft Service, any Fantasy Draft Game, or any user of the Perfect Draft Service;
(g) Engaging in unfair sportsmanship or using unfair tactics during any Fantasy Draft Game;
(h) Violating any these Terms of Use, the spirit of these Terms of Use; or
(i) Using the Fantasy Draft Service for any form of gambling.
2.9. Disqualification. Perfect Draft reserves the right to disqualify any entrant it finds to be tampering with the entry process or the operation of the Perfect Draft Contests or violating or attempting to violate these Terms of Use or other rules. Perfect Draft may prohibit you from participating in the Perfect Draft Contests or winning a prize if, in its sole discretion, it determines you are attempting to undermine the legitimate operation of the Perfect Draft Contests by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other entrants, any Perfect Draft Contests location, Perfect Draft, or any other individual or entity. If Perfect Draft, in its sole and non-reviewable discretion, determines you breached any Warranty, engaged in any Prohibit Conduct, or otherwise engaged in any conduct that is dishonest, illicit, improper, unfair, or otherwise damaging to any Perfect Draft Service or any Fantasy Draft Game, Perfect Draft may, in addition to any other rights that Perfect Draft may have in law or equity:
(a) Disqualify you from any Fantasy Draft Game;
(b) Refuse to award you prizes, awards, or bonuses;
(c) Revoke and require the return of any prizes, awards or bonuses;
(d) Terminate your account; and
(e) Report your activity to law enforcement.
2.10. Winner Determinations – The Perfect Draft 2025. Winning the $10,000 grand prize for the 2025 NFL draft contest is contingent upon fulfilling all Perfect Draft requirements and rules and submitting a valid entry which accurately predicts all 32 first-round NFL draft picks (perfectly predicting both the player selected each round and the NFL team which selects the player each round) during the NFL draft starting April 24, 2025 ("Winning Entry"). If there are multiple Winning Entries, the $10,000 grand prize will be split among all Winning Entries (for example, if there are two Winning Entries, each Winning Entry will receive $5,000). Perfect Draft shall make all decisions as to the administration and operation of the Perfect Draft Contests and the selection of the potential winners are final and binding in all matters related to the Perfect Draft Contests. Potential winners will be notified by the email provided in connection with account. Potential winners may be required to respond to this notification, as directed, and provide all the requested information, including tax identification, and completion of any required tax forms including IRS Form W9, within the time frame provided by Perfect Draft in the notification or the prize may be forfeited. Limit one Winning Entry per person for the 2025 NFL draft contest. Perfect Draft shall have no liability whatsoever for any use or misuse of the prizes.
2.11. Odds. The odds of winning an individual Perfect Draft Contest depend on the total number of eligible entries received for an individual Perfect Draft Contest, the scores of each entry, and the number of Winning Entries, if any, submitted.
2.12. Forfeiting a Prize. A prize will be forfeited if a selected potential winner (i) cannot be reached by email; (ii) fails to respond as necessary to any prize notification with any requested information, including release or eligibility forms; (iii) cannot or will not accept or receive the prize for any reason; or (iv) has already reached the limit of one prize per Perfect Draft Contest. Eligibility, age, and all claims made by a potential winner are subject to verification.
2.13. Taxes / Expenses. You are solely responsible for determining what, if any, income or other taxes, duties, levies or charges (collectively, "Taxes") apply to any prizes you receive and for remitting and reporting the correct amounts of all such Taxes to the applicable governmental authorities. Perfect Draft cannot give you legal or tax advice, so please check with your tax advisor about any applicable Taxes. In the event a governmental authority requires Perfect Draft to pay any Taxes attributable to you, you agree to indemnify and reimburse Perfect Draft for such Taxes and all costs and expenses related thereto. All participants who win amounts which require any type of government reporting, including to the United States Internal Revenue Service, must provide Perfect Draft all information required for such reporting. Most often this occurs when a participant has a net win over the fiscal year (ending December 31) which totals more than $600. In such case, a 1099-MISC must be filed which requires a participant's, full name, current address, and social security number. All costs and expenses not specified herein, related to the prize or incurred by accepting a prize, are the sole responsibility of each individual winner, including without limitation travel costs, meals, parking, and any other expenses incurred in obtaining or using of the prize. The prizes are non-transferable and non-assignable, with no cash redemption or surrender value.
2.14. UIGEA Compliance. Each Fantasy Draft Game fully complies with the exemptions for Fantasy Sports set out by the Unlawful Internet Gambling Enforcement Act Compliance (UIGEA), 31 U.S.C. §§ 5361–5367 by being implemented as follows:
(a) A participant's fantasy or simulation sports team is not based on the current membership of an actual amateur or professional sports team;
(b) All prizes and awards offered to winning participants are established and made known to the participants in advance of the game or contest and their value is not determined by the number of participants or the amount of any fees paid by those participants;
(c) all winning outcomes reflect the relative knowledge and skill of the participants;
(d) No winning outcome is based on the score, point-spread, or any performance or performances of any single real-world team or any combination of such teams; and
(e) No winning outcome is based solely on any single performance of an individual athlete in any single real-world sporting event.
3. WEBSITE AND APP ACCESS
3.1. Access. Perfect Draft grants you a limited, revocable, nonexclusive license to access the Perfect Draft Service for your own personal use.
3.2. Account Creation. In order to access some features of the Perfect Draft Service, you will have to create an account. You may never use another's account. When creating your account, you must provide accurate and complete information. Should any of your information change after submitting it to the Perfect Draft Service, you are required to update that information immediately.
3.3. Account Activity. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Perfect Draft immediately of any breach of security or unauthorized use of your account. Although Perfect Draft will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Perfect Draft or others due to such unauthorized use.
3.4. Prohibited Activity. You may use the Perfect Draft Service only for lawful purposes and in accordance with these Terms of Use. You agree not to:
(a) Use the Perfect Draft Service in any way that violates any applicable federal, state, local, and international law, or regulation.
(b) Submit, publish, or transmit through the Perfect Draft Service any content that violates the rights of any third-party or that is libelous, obscene, invasive of privacy, illegal, racially, or ethnically discriminatory.
(c) Use the Perfect Draft Service in any manner that could disable, overburden, damage, or impair the Perfect Draft Service or interfere with any other party's use of the Perfect Draft Service or otherwise use any device, software, or routine that interferes with the proper working of the Perfect Draft Service.
(d) You agree not to use or launch any automated system, including without limitation, "scrapers," "robots," "spiders," and "offline readers" that access the Perfect Draft Service.
(e) You agree not to collect or harvest any personally identifiable information, including account names, from the Perfect Draft Service, nor to use the communication systems provided by the Perfect Draft Service for any commercial solicitation or illegal or improper purposes.
(f) Use any manual process to monitor or copy any of the content on the Perfect Draft Service or for any other unauthorized purpose without our prior written consent.
(g) Introduce any viruses, trojan horses, worms, code, or other material which is malicious or technologically harmful.
(h) Attempt to gain unauthorized access to, interfere with, hack into, attack, decrypt, damage or disrupt any parts of the Perfect Draft Service, the server on which the Perfect Draft Service is stored, or any server, computer or database connected to the Perfect Draft Service.
(i) Attempt to decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Perfect Draft Service.
We reserve the right to pursue any action with respect to any violation or attempted violation of these Terms of Use which we believe is appropriate in our sole discretion.
3.5. Search Engines. Notwithstanding the foregoing, Perfect Draft grants the operators of recognized international public search engines, such as Google, Bing, and DuckDuckGo permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials. Perfect Draft reserves the right to revoke these exceptions either generally or in specific cases.
3.6. Artificial Intelligence Bots and Tools. Perfect Draft prohibits the use of any material on thedraftpro.com or the Perfect Draft Service from being used for training or any other purpose by artificial intelligence systems ("AI") including large language models ("LLMs"). Any use of any material on thedraftpro.com or the Perfect Draft Service by AI or LLMs is a violation of these Terms of Use and Perfect Draft's intellectual property rights.
3.7. Termination of Account. You agree that Perfect Draft, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Perfect Draft Service (or any part thereof), immediately and without notice, and remove and discard any content within the Perfect Draft Service, for any reason, including, without limitation, if Perfect Draft believes that you have acted inconsistently with the letter or spirit of the Terms of Use. Further, you agree that Perfect Draft shall not be liable to you or any third-party for any termination of your access to the Perfect Draft Service. Further, you agree not to attempt to use the Perfect Draft Service after said termination.
3.8. Termination of Service. Perfect Draft may modify, suspend, discontinue, or restrict the use of any portion of the Perfect Draft Service, including the availability of any portion of the content at any time, without notice or liability. The Perfect Draft Service may deny access to any registered member or other user at any time for any reason, or no reason at all in our sole discretion. In addition, the Perfect Draft Service or Perfect Draft may at any time transfer rights and obligations under these Terms of Use to any Perfect Draft affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires Perfect Draft, the Perfect Draft Service or any of their respective assets. You agree that Perfect Draft shall not be liable to you or to any third party for any modification, suspension, or discontinuance of any service.
3.9. Third Party Links. The Perfect Draft Service may contain links to third party websites that Perfect Draft does not own or control. Perfect Draft assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, Perfect Draft will not and cannot censor or edit the content of any third-party site. You expressly relieve Perfect Draft from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Perfect Draft Service and to read the terms and conditions and privacy policy of other websites that you visit.
3.10. Consent to Electronic Service. When you use the Perfect Draft Service or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Perfect Draft Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
4. THIRD-PARTY CONTENT / INTERACTIVE FEATURES
4.1. The Perfect Draft Service may permit the submission, hosting, sharing, and/or publishing of text, photographs, audio, videos, reviews, or other content, including participating in Fantasy Draft Games, by you, other users, and other third parties such as our partners or affiliates ("Third-Party Content").
4.2. Third-Party Content also includes, but is not limited to, direct messaging between users, profile submissions, and any other interactive area of the Perfect Draft Service.
4.3. By posting, submitting or uploading Third-Party Content to any area of the Perfect Draft Service, you automatically grant, and you represent and warrant that you have the right to grant, to Perfect Draft an irrevocable, perpetual, non-exclusive, fully paid, sublicensable, transferable, worldwide license to host, use, distribute, modify, run, copy, publicly perform, display, and translate said Third-Party Content and to prepare derivative works of, or incorporate into other works, said Third-Party Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Third-Party Content to the Perfect Draft Service, you automatically grant Perfect Draft all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Third-Party Content by any party for any purpose. You acknowledge that by participating in any interactive area on this website, you are granting Perfect Draft the unrestricted right, throughout the world and in perpetuity, to copy, sublicense, adapt, transmit, perform, display or otherwise use, at no cost whatsoever to Perfect Draft, any and all material or content you post or submit, including, without limitation, all intellectual property rights embodied therein.
4.4. You acknowledge that the interactive features on the Perfect Draft Service are not for private communications. You acknowledge that you have no expectation of privacy with regard to any content you submit to the Perfect Draft Service. Perfect Draft cannot guarantee the security of any information you disclose through the Perfect Draft Service. You make such disclosures at your own risk. Perfect Draft has no obligation to retain or provide you copies of Third-Party Content.
4.5. By posting Third-Party Content to the Perfect Draft Service or by using any other interactive area of the website, you specifically agree to comply with each of the following:
(a) You will not post or transmit any material that violates or infringes the rights of any other party, including, without limitation, rights of privacy, rights of publicity, copyright, trademark, or other intellectual property rights.
(b) If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the material, or (ii) secured from your employer a waiver as to all rights in or to the material.
(c) You have fully complied with any third-party licenses relating to the material you post or transmit and have done all things necessary to successfully pass through to Perfect Draft any required terms.
(d) You will not post or transmit any material that is false, deceptive, misleading, or deceitful.
(e) You will not post or transmit any material that is abusive, hateful, racist, bigoted, sexist, harassing, threatening, inflammatory, defamatory, vulgar, obscene, sexually-oriented, profane or is otherwise in violation of any applicable law, rule or regulation.
(f) You will not post or transmit any material that deceptively impersonates any person or entity.
(g) Your name, username, or the material you submit is not named in a manner that misleads users into thinking that you are another person or company.
(h) You will not post content that constitutes or contains any form of advertising or solicitation or for commercial purposes.
(i) You will not post or transmit any software or computer files that contains malware, computer viruses, worms, Trojan horses, rootkits, spyware, adware, and other malicious or unrequested software, computer code, or file.
(j) You will not post or transmit any content that is intended to promote or commit an illegal act.
Failure to comply with the above rules may lead to you being immediately and permanently banned, with notification to law enforcement and/or your internet service provider.
4.6. When posting Third-Party Content, you agree never to use a third-party agent, service, or intermediary that offers to post Third-Party Content to the Perfect Draft Service on your behalf ("Posting Agent"). Posting Agents are not permitted to post Third-Party Content on behalf of others, to cause Third-Party Content to be so posted, or otherwise access the Perfect Draft Service to facilitate posting Third-Party Content on behalf of others, except with express written permission from Perfect Draft.
4.7. You must not describe or assign keywords to your Third-Party Content in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Perfect Draft may change or remove any description or keyword that it considers inappropriate or unlawful in Perfect Draft's sole discretion.
4.8. You are and shall remain solely responsible for any and all Third-Party Content you post or which is posted through your account. You acknowledge that any information you disclose through the Perfect Draft Service becomes public information and can be used by people you do not know. Accordingly, you should exercise caution when deciding to disclose any information on the Perfect Draft Service. Any such disclosures are at your own risk.
4.9. You understand that when using the Perfect Draft Service, you will be exposed to Third-Party Content from a variety of sources, and that Perfect Draft is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Third-Party Content. You further understand and acknowledge that you may be exposed to Third-Party Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Perfect Draft with respect thereto, and agree to indemnify and hold Perfect Draft, its owners, operators, affiliates, and agents, licensors and licensees, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
4.10. Third-Party Content may contain the views and opinions of individual content authors. Perfect Draft does not endorse any Third-Party Content or any opinion, recommendation, or advice expressed therein, and Perfect Draft expressly disclaims any and all liability in connection with Third-Party Content.
4.11. Perfect Draft does not prescreen Third-Party Content submitted and Perfect Draft has no duty to monitor any interactive area of its website. Although we may monitor or review Third-Party Content from time to time, we do not actively monitor the Third-Party Content of the interactive areas, including User Fantasy Draft Games, and we are not under any obligation to do so. Each user is solely responsible and liable for the contents of his or her Third-Party Content, and we are not responsible in any way for the content or opinions expressed therein. We have the right, but not the obligation, to remove, edit or move, at any time, any material posted, in each case as we deem appropriate. Perfect Draft may refuse to post, deliver, remove, modify, or otherwise use or take any action with respect to any submission in any Perfect Draft Service.
5. INTELLECTUAL PROPERTY INFORMATION
5.1. Ownership. Other than Third-Party Content, all content on the Perfect Draft Service, including without limitation, the text, software, scripts, tools, graphics, photos, sounds, music, videos, and interactive features ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Perfect Draft. The Content and Marks are protected to the maximum extent permitted by intellectual property laws and international treaties. The Perfect Draft Service is protected by copyright law, including as a collective work and/or compilation, pursuant to copyrights laws, and international conventions.
5.2. Derivative Works / Redistribution Prohibited. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Perfect Draft.
5.3. Reproduction Prohibited. You further agree not to reproduce, duplicate or copy Content from the Perfect Draft Service, or incorporate the Content into an AI system or LLM, without the express written consent of Perfect Draft, and agree to abide by any and all copyright and other legal notices displayed on the Perfect Draft Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Perfect Draft Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Perfect Draft Service.
5.4. Embedded Content / Frames. You may not embed the Perfect Draft Service or place the Perfect Draft Service within inline links, frames, or iframes.
6. WARRANTY DISCLAIMER
6.1. FANTASY DRAFT GAMES AND THE PERFECT DRAFT SERVICE, INCLUDING ANY CONTENT, THIRD-PARTY CONTENT, OR ANY SITE-RELATED SERVICE, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PERFECT DRAFT HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
6.2. PERFECT DRAFT MAKES NO WARRANTY THAT: (I) FANTASY DRAFT GAMES OR THE PERFECT DRAFT SERVICE WILL MEET YOUR REQUIREMENTS, (II) FANTASY DRAFT GAMES OR THE PERFECT DRAFT SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF FANTASY DRAFT GAMES OR THE PERFECT DRAFT SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) ANY ERRORS IN FANTASY DRAFT GAMES OR THE PERFECT DRAFT SERVICE WILL BE CORRECTED.
6.3. PERFECT DRAFT IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR THE CONTENT, PRODUCTS, SERVICES, ACTIONS OR INACTIONS OF ANY USER, OR ANY OTHER THIRD PARTY AND PERFECT DRAFT WILL HAVE NO LIABILITY WITH RESPECT TO ANY WARRANTY DISCLAIMED HEREIN.
6.4. YOU ACKNOWLEDGE THAT PERFECT DRAFT HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF PRODUCTS AND SERVICES ADVERTISED ON THE PERFECT DRAFT SERVICE, THE TRUTH OR ACCURACY OF ANY THIRD-PARTY CONTENT.
6.5. PERFECT DRAFT, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE PERFECT DRAFT SERVICE, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE PERFECT DRAFT SERVICE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PERFECT DRAFT SERVICE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE PERFECT DRAFT SERVICE AND/OR THOSE SERVICES.
6.6. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. EXCEPT AS EXPRESSLY PROVIDED FOR IN THE TERMS, TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES, GUARANTEES, CONDITIONS, REPRESENTATIONS, AND UNDERTAKINGS. YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS OF USE ARE FAIR AND REASONABLE.
7. LIMITATION OF LIABILITY. TO THE EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THAT PERFECT DRAFT IS OTHERWISE FOUND RESPONSIBLE FOR ANY DAMAGES, PERFECT DRAFT IS RESPONSIBLE FOR ACTUAL DAMAGES ONLY. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PERFECT DRAFT, ITS AFFILIATES, ITS LICENSORS, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED AT THE WEBSITE BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES WHETHER BASED ON WARRANTY, CONTRACT, TORT, DELICT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PERFECT DRAFT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THESE TERMS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.
8. UNSOLICITED MATERIAL AND IDEAS
8.1. We are happy to hear from users and welcome feedback regarding the Perfect Draft Service. However, if you transmit unsolicited submissions to us through the Perfect Draft Service or otherwise, you grant Perfect Draft a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and fully sub-licensable, assignable and transferrable license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store, and create derivative works from such submissions, and you understand and agree that such submissions may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted, or otherwise used as Perfect Draft sees fit.
8.2. By using the Perfect Draft Service and transmitting an unsolicited submission to us, you agree that you are not entitled to any compensation, credit or notice whatsoever with respect to such submission, and that by sending an unsolicited submission you waive the right to make any claim against the Perfect Draft Service, Perfect Draft and its affiliated companies, officers, directors or employees relating to our use of such submission, including, without limitation, infringement of proprietary rights, unfair competition, breach of implied contract or breach of confidentiality, even if material or an idea is used that is or may be substantially similar to the idea you sent.
9. INDEMNITY
9.1. You agree to defend, indemnify and hold harmless Perfect Draft, its affiliated companies, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
(a) your participate in any Fantasy Draft Games;
(b) your use of and access to the Perfect Draft Service;
(c) your participation in any interactive area of the Perfect Draft Service including User Fantasy Draft Games and any material posted by you thereto.
(d) your violation of any term of these Terms of Use;
(e) your violation of any third party right, including without limitation any copyright, property, or privacy right;
(f) your violation of any law, rule or regulation of the United States, any state, or any other country;
(g) any claim that Third-Party Content posted by you or using your account caused damage to another party.
(h) any other party's access and use of the Perfect Draft Service with your account.
9.2. This defense and indemnification obligation will survive these Terms of Use and any termination of your use of the Perfect Draft Service.
10. DIGITAL MILLENNIUM COPYRIGHT ACT
10.1. Infringement Not Permitted. Perfect Draft does not permit copyright infringing activities and infringement of intellectual property rights on the Perfect Draft Service and will remove any content if properly notified that such content infringes on another's intellectual property rights. Perfect Draft reserves the right to remove any content without prior notice.
10.2. DMCA Notice. If you are a copyright owner or an agent thereof and believe that any Third-Party Content or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(d) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Perfect Draft's designated Copyright Agent to receive notifications of claimed infringement is:
Perfect Draft LLC
Attn: Copyright Agent
5675 Deer Creek Falls Ct
Las Vegas, NV, 89118
info@thedraftpro.com
You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
10.3. Counter-Notice. If you believe that your Third-Party Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your Third-Party Content, you may send a counter-notice containing the following information to the Copyright Agent:
(a) Your physical or electronic signature;
(b) Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
(c) A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
(d) Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Las Vegas, Nevada, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
10.4. Effect of Counternotice. If a counter-notice is received by the Copyright Agent, the Perfect Draft Service may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at the Perfect Draft Service's sole discretion.
11. PRIVACY POLICY
11.1. Perfect Draft has established a Privacy Policy to explain to users how personal information is collected and used, which may be reviewed and accessed from the website: https://thedraftpro.com/
11.2. Your use of the Perfect Draft Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that Perfect Draft may, in its sole discretion, preserve or disclose content posted by you, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, enforce the Terms of Use, or respond to claims from third-parties.
12. GOVERNING LAW / DISPUTES
12.1. Nevada Situs. The Perfect Draft Service is hosted and operated by Perfect Draft in the United States, pursuant to the applicable laws of the United States and the State of Nevada. You agree that the Perfect Draft Service shall be deemed solely based in the State of Nevada and that the Perfect Draft Service shall be deemed a passive website that does not give rise to personal jurisdiction over Perfect Draft, either specific or general, in jurisdictions other than Nevada.
12.2. International Users. We make no representation whatsoever that the Perfect Draft Service is appropriate or available for use in locations outside of the United States (each, an "Other Jurisdiction"). Users located or otherwise accessing the Perfect Draft Service from outside of the United States (each, a "Non-U.S. User") do so on their own initiative and hereby (i) consent to the exclusive application of the laws of the United States and the State of Nevada with respect to the Perfect Draft Service, these Terms of Use, and the Privacy Policy; (ii) acknowledge and agree that the laws of any Other Jurisdiction shall not apply to the Perfect Draft Service, these Terms of Use, or the Privacy Policy; and (iii) acknowledge and agree that Non-U.S. Users shall solely be responsible for complying with any applicable laws of such Other Jurisdictions in connection with their respective use or access to the Perfect Draft Service.
12.3. Governing Law / Jurisdiction. These Terms of Use and issues concerning the Fantasy Draft Games or the Perfect Draft Service will be governed and interpreted in accordance with the internal laws of the State of Nevada applicable to agreements entered into and to be wholly performed therein, without regard to principles of conflict of laws. If any provision of this Agreement is found to be invalid or unenforceable, such provision shall be severed from the remainder of these Terms of Use, which shall remain in full force and effect. These Terms of Use are governed by a mandatory arbitration clause set out below, however, if a court is necessary in whole or in part to enforce these Terms of Use, You consent and submit to the sole and exclusive jurisdiction of the state and federal courts located in Clark County, Nevada and waive any objection to personal jurisdiction, to venue, or to convenience of forum. All disputes arising out of or connected with the Perfect Draft Service will be resolved individually and without resort to class action. All judgments or awards shall be limited to actual incurred out-of-pocket expenses (excluding attorneys' fees) associated with participation in Fantasy Draft Games and the Perfect Draft Service and shall not include any indirect, punitive, incidental and/or consequential damages.
12.4. Disputes. Any dispute, claim or controversy arising out of or relating to the Perfect Draft Service, this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Las Vegas, Nevada, before one arbitrator. At the option of the first to commence an arbitration, the arbitration shall be administered either by JAMS pursuant to its Streamlined Arbitration Rules and Procedures, or by the American Arbitration Association pursuant to its Commercial Arbitration Rules. The arbitrator may not award any consequential, indirect, exemplary, special or incidental damages arising from or relating to your use of the Perfect Draft Service (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss). Judgment on the Award may be entered in any court having jurisdiction. You and we will each pay one-half of the costs and expenses of such arbitration, and each of the parties will separately pay their counsel fees and expenses. Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court in Clark County, Nevada to protect its intellectual property rights ("intellectual property rights" means patents, copyrights, trademarks, and trade secrets, but not privacy or publicity rights). For any actions brought in court, You and Perfect Draft consent to the sole and exclusive jurisdiction of the courts located in Clark County, Nevada, including for acts occurring outside of the United States.
12.5. Statute of Limitations. You agree to file any claim regarding any aspect of the Perfect Draft Service or these Terms of Use within six months of the time in which the events giving rise to such claim began, or you agree to waive such claim.
12.6. Class Action Waiver. YOU AGREE THAT ANY ARBITRATION SHALL BE CONDUCTED IN YOUR INDIVIDUAL CAPACITY ONLY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION, AND YOU EXPRESSLY WAIVE YOUR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. YOU AND Perfect Draft AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
13. ASSIGNMENT / MODIFICATION
13.1. Assignment. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you. Perfect Draft may assign these Terms of Use, and any rights and license granted hereunder without restriction.
13.2. Modification. We reserve the right to amend these Terms of Use at any time. If we do this, we will post the amended Terms of Use on this page and indicate at the top of the page the date the Terms of Use were last revised. The most current version of these Terms of use will supersede all previous versions. Your continued use of the Perfect Draft Service after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Perfect Draft Service.
14. ABILITY TO ACCEPT TERMS OF USE
You hereby declare, represent and warrant that you (either personally or through parental or guardian consent) are fully able and competent to legally bind yourself to and abide by all of the terms, conditions, obligations, declarations, affirmations, representations, and warranties set forth in these Terms of Use. The Perfect Draft Service is not directed to persons under 13. If you become aware that your child has provided us with personal information without your consent, please contact us. We do not knowingly collect personal information from children under 13. If we become aware that a child under 13 has provided us with personal information, we take steps to remove such information and terminate the child's account.
15. CONSENT
By using the Perfect Draft Service in any way, you agree to comply with these Terms of Use. In addition, when using a particular service, you agree to abide by any applicable posted guidelines, which may change from time to time. Should you object to any term or condition of the Terms of Use, any guidelines, or any subsequent modifications thereto or become dissatisfied with the Perfect Draft Service in any way, your only recourse is to immediately discontinue your use of the Perfect Draft Service.