General Terms and Conditions
Who We Are
The website www.Mojo.com (the “Mojo Website”) and the mobile, tablet and any other Mojo daily fantasy sports apps (all of which together are referred to as the “Mojo DFS App”) are operated and controlled by Mojo DFS LLC (“Mojo”). The Mojo DFS App will be collectively referred to herein as the “DFS App.” The use of the Website and the DFS App is subject to all applicable state and United States federal regulations. You will be required to establish an account in order to use the service offered by Mojo.
References in these Terms to “Mojo,” “Mojo,” “we,” “us” or “our” will be to Mojo DFS LLC.
References to “You,” “you” or “Patron” will be to the Patron interested in creating an account or Patrons who have created an account with Mojo for purposes of utilizing Mojo’s DFS App.
Together, the Website and the DFS App are referred to collectively herein as the “Mojo Services” or the “Services.”
These Terms & Conditions and Your Relationship with Mojo
By visiting the Website or the DFS App and registering/opening an Account, or by registering and/or using the Services, including entering into a game or contest (the “Contest(s)"), you understand and agree to be bound by the following:
- these Terms
- the DFS House Rules; and
- all such other of our terms and conditions, rules or policies as they relate to any applicable Services, promotions, bonuses, special offers or any other condition of your use of the Services from time to time and are deemed to have accepted and understood all of the above.
- All of the terms and conditions, rules and policies referred to in Section 2(i) shall be collectively referred to as the “Terms”.
By accessing, using or otherwise participating on the Services, you accept and agree to be legally bound by these Terms, whether or not you sign-up as a member of the Services. If you do not agree to accept and be bound by the Terms, please discontinue your use of the Services and the Website and DFS App. It is important that you review these Terms regularly. We may impose limits on certain features, activities, offers, promotions or services and may restrict, suspend, terminate your access to the Services or your ability to participate in activities, offers, promotions or Services, in whole or in part, at any time and for any or no reason, with or without prior notice and without liability.
If you wish to confirm the version of the terms and conditions you accepted at the time of registration or would like to receive a copy of those Terms and Conditions please contact us.
Mojo reserves the right to amend the Terms at any time, as may be required for several reasons, including, without limitation, for commercial reasons, to comply with law or regulations, to comply with instructions, guidance or recommendations from a regulatory body, or for customer service reasons. Where we wish to make material changes to the Terms, you will be notified of material changes before they come into effect, and will be asked to accept the new Terms, should you desire to continue to access the DFS App. Any such revision will be binding and effective from such date as is specified in such notice. You will be required to accept the new terms prior to entering future contests. The date on which each relevant document comprising the then current Terms came into (or will come into) force will be as stated in the date contained at the top of the Terms and Conditions page. Please check these Terms frequently for updates.
Mojo may, in its absolute discretion, alter or amend or withdraw any DFS games from the Services or any part thereof, at any time, and may alter prices, features, specifications, capabilities, functions and/or other characteristics of the DFS games, and/or Services.
Mojo may also at its discretion engage new or alternative third-party service providers with respect to any of its Services. By registering or playing with any such third parties, you thereby provide your consent to any applicable additional terms and conditions of such third parties as they may be amended from time to time, including, but not limited to, any change to the third-party service provider itself.
Pre-Conditions to Opening an Account
Age Verification. Mojo takes its age-verification responsibilities very seriously. We carry out age-verification checks on all Patrons at the time of wallet setup (deposit or withdrawal, whichever comes first). We may ask for information to verify your age and identity and can restrict or suspend your Account until your age is confirmed. By signing up for an Account (defined below), you consent to our confirmation of your age and identity.
Pre-Conditions. In order to register a Mojo player account (an “Account”) with us, you hereby agree, represent and warrant that:
- You are at least eighteen (18) years of age. We reserve the right to request proof of age documentation from any applicant or Patron at any time and to void any contests entered into by or on behalf of minors;
- You agree to provide accurate registration information when opening your Account, which may include, without limitation, your correct date of birth, your social security number, your current address, email address and personal telephone number. You further agree to inform us of any changes in such details;
- You acknowledge that you are opening a non-transferrable Account with Mojo solely for your personal use, and are acting as a principal and not as an agent on behalf of a third party;
- You will not attempt to sell or otherwise transfer the benefit of your Account to any third party and nor will you acquire or attempt to acquire an Account which has been opened in the name of a third party;
- When depositing funds or entering a paid contest, you are not physically located in of any of the following states: Hawaii, Connecticut, Idaho, Montana, Nevada or Washington;
- You are not subject to backup withholding tax because: (a) you are exempt from backup withholding, or (b) 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 (c) the IRS has notified you that you are no longer subject to backup withholding;
- When entering any contest that awards prizes, you are not an employee or operator of another daily fantasy site that charges entrance fees or offers cash prizes;
- You do not, by virtue of affiliation with another daily fantasy site, have access to the site’s pre-release non-public confidential data about contest-related information.
- You are legally capable of entering into binding contracts, including these Terms;
- You are not prohibited for any reason from using the Services.
If Mojo determines that you do not meet the eligibility requirements of this section, then you are not authorized to use the Service. Mojo makes no representation that participation in paid entry fantasy sports contests is lawful under Texas state law. Mojo may require you to provide proof that you are eligible to participate according to this section prior to receiving a prize. This includes by requesting that you fill out an affidavit of eligibility or other verification information (as discussed below). If Mojo otherwise determines that you do not meet the eligibility requirements of this section, in addition to any rights that Mojo may have in law or equity, Mojo reserves the right to terminate your account, withhold or revoke the awarding of any prizes associated with your account or limit your ability to withdraw. In such a situation, Mojo may pay out any withheld or revoked prizes to the other entrants in the relevant contest in a manner consistent with the prize structure of the contest, to be precisely determined by Mojo in its sole discretion. Mojo also reserves the right to withhold revoked prizes to use in furtherance of its fraud prevention or anti-money laundering efforts. Mojo employees may use the Service for the purpose of testing the user experience, but may not withdraw money or prizes except when playing in a private league. Relatives of Mojo employees with whom they share a household are not eligible to participate in paid contests unless they are private contests with other Mojo employees or household members. Mojo consultants or promoters of the Service may play in contests without such limitation, but only if (i) their arrangement with Mojo does not permit them to have any access to non-public Service data or any other data not made available to all players on the Service and (ii) they do not receive any other advantages in their play on the Service.
Employees or operators of other daily fantasy sites that charge entry fees or offer cash prizes, including but not limited to Fanduel, DraftKings, Underdog and Yahoo, and individuals who, by virtue of affiliation with another daily fantasy site, have access to the site’s pre-release non-public confidential data about game-related information may not enter any contests in which a real money prize is awarded. If such person enters a Mojo contest that awards prizes, Mojo will disqualify the entry, will not award a prize, and may report such person’s violation of this provision to the daily fantasy site for which the entrant is employed by, operates or affiliated with. Additionally, Mojo may maintain information about the entrant sufficient to assist Mojo in blocking the user from entering future Mojo contests, unless and until Mojo determines, in its sole discretion, that the entrant is no longer an employee or operator of another daily fantasy site or no longer has access to pre-release non-public confidential data about game-related information by virtue of affiliation with a daily fantasy site.
Athletes, coaches and other team management, team support personnel (e.g. without limitation, team physicians) and team owners may not participate in any Mojo contests in the sport or sports with which they’re associated. Team owners, referees, league employees, sports commissioners and other individuals who through an ownership interest or game-related employment can influence the gameplay are likewise ineligible.
Mojo offers proactive tools and support meant to encourage healthy player behavior and deliver positive player experiences. We also allow qualified third parties, who have concerns about a player’s ability to manage his or her play, to request a limitation on that player’s use of Mojo. You can learn more about our responsible play policies and tools at https://www.mojo.com/responsible-gaming.
Mojo DFS is not affiliated with or sponsored by the National Football League, the National Basketball Association, the National Hockey League, Major League Baseball, or any other professional sports league.
- Prohibited Mojo Participants. Any person whose participation may undermine the integrity of a sports event or the conduct of such sports event itself is prohibited from participating in a Contest that includes such sports events or players taking part in that sports event (“Prohibited Mojo Participant”). This includes: any athlete, player, coach, referee or other game official, physician, trainer, sports agent, owner or employee or independent contractor of a team, player union and umpire union personnel, and employee, referee, coach or official of a sports governing body, team employee or governing body employee, in any sports event overseen by such person’s sport’s governing body; any athlete whose performance may be used to determine, in whole or in part, the outcome of mobile sports wagering; any person with access to material, non-public confidential information about a Player on the Mojo Platform or sports event that is the subject of such wagering; and any person who holds a position of authority or influence sufficient to exert influence over the participants in a sports event that is the subject of a mobile sports wager.
- Changes to any Pre-Conditions of Section 4. In the event that there are changes to any of the pre-conditions listed in Section 4, such that after opening an Account with Mojo a Patron becomes an Excluded Person or a Prohibited Mojo Participant, or the Patron no longer satisfies one or more of the Preconditions to opening an Account described in Section 4, that Patron shall contact Mojo to inform Mojo of the change. Mojo will then cancel any outstanding Contest Entries the Patron may have, and will return to that Patron any and all money they initially Wagered, in addition to any deposits they may currently have in their Account.
- Violation of Section 4. In the event that you are found to have breached any of the terms in Sections 4.1, 4.2, 4.3 or 4.4:
- We may cancel your entry into a Contest ;
- We may close your Account and return deposits to you;
- We shall not be obliged to pay any winnings which might otherwise have been payable in respect to a Contest you entered; and
- We may refer the matter to the police, guardians or family members, or any other appropriate regulatory authority.
Opening an Account
In consideration of our accepting your application to establish an Account, you represent (and acknowledge that we may rely on these representations) as follows:
- You have read and agree to abide by all of these Terms;
- You are eighteen (18) years of age or over, of sound mind and capable of taking responsibility for your own actions and that you can enter into a legally binding agreement with us;
- You agree to provide accurate Account opening information, including, without limitation, your correct date of birth;
- You will not allow any other person to access or use your account with Mojo;
- It is the responsibility of each Patron to ensure that all personal details are current and up-to-date, as failure to do so may result in Contest entries or payments being declined or payments being issued incorrectly.
- Only one (1) Account is permitted per Patron. Mojo reserves the right to close any duplicate Accounts and to cancel any Contest entries on duplicate Accounts. Mojo also reserves the right to suspend or close any Account and cancel any associated Contest Entries where the Account holder and the owner of the funding instrument are not the same.
- Employees of Mojo may not open an Account or register on the Website or for any of the Services, whether in their own name or on behalf of a fellow employee, friend, relative or anyone else, except of purposes of testing the user experience, , (but may not withdraw money or prizes except when playing in a private league).
- It is prohibited for players, deliberately or otherwise, to transfer money from one Account to another for any reason.
- In consideration of our allowing you to register for an Account, you represent (and acknowledge that we will rely on these representations) as follows:
- Your participation in any Contests is personal and not professional;
- You are solely responsible for recording, reporting, paying, and accounting for any tax that may be payable on any winnings to any relevant governmental or taxation authority;
- You are solely responsible for the acquisition, supply and maintenance of all of the computer equipment, and telecommunications networks, and Internet access services, and of all other consents and permissions that you need to use in order to access our Services;
- You fully understand the methods, rules, and procedures of the games and Contests, and, where and when appropriate, will seek advice or help when using our Services;
- You will enter all Contests through the various Patron interfaces provided on our Websites and/or DFS App and you will not enter into Contests through other means, including a robot player or equivalent mechanism (a “Bot”). The use of programs designed to automatically make Contest Entries within certain parameters (i.e., Bots) is not permitted on any part of the DFS App;
- You will not choose a nickname and/or alias that is defamatory, offensive, pornographic or in any way intended to impersonate another real person or brand. Mojo reserves the right to amend your nickname and/or alias in its absolute discretion if it believes you have breached this representation;
- You will not make offensive comments, use offensive or pornographic material or make potentially defamatory or inflammatory remarks in relation to any ‘chat’ or ’forum’ facilities we provide and you accept that any postings made by you can be passed on to the relevant authorities should we deem this appropriate;
- You will not disguise or interfere in any way with the internet protocol (“IP address”) of the computer or other Device (defined below) you are using to access the Services or otherwise take steps to prevent us from correctly identifying the actual IP address of the Device you are using while accessing the Services; and
- You accept and agree to abide by the of the Services, and any rules and terms for any promotions or loyalty programs in which you participate as set out on the Services from time to time.
Mojo will take reasonable steps to prevent unauthorized access to your Account information. You are responsible for maintaining the security and confidentiality of your Account. In particular, you agree to keep your username and password strictly confidential. You are responsible for any misuse of your password. We are entitled to assume that deposits and payments are made by you. You should change your password on a regular basis and never disclose it to any third party. You undertake to protect your username and password in the same way that you would in respect of your bank cards. Any failure to do so shall be at your sole risk and expense. If a third party accesses your Account, you are solely responsible for that third party’s actions, whether or not that third party’s access was authorized by you, and you hereby indemnify Mojo and hold Mojo harmless against all costs, claims, expenses, and damages howsoever arising in connection with the use of or access to your Account by any third party. You will not attempt to sell or otherwise transfer the benefit of your Account to any third party, nor will you acquire or attempt to acquire an Account which has been opened in the name of a third party. Subject to the foregoing, Mojo will not be liable for any loss that you may incur as a result of misuse of Patron names or passwords or from any unauthorized use of your Account, whether fraudulent or otherwise. You agree to indemnify us and hold us harmless against any costs, claims, damages and expenses arising in connection with the use of, or access to, your Account by any third party as a result of your negligence, breach of these Terms, fraud, dishonesty or criminal activities.
Please contact us as soon as is possible if you have lost or forgotten your Account details. You agree to inform us as soon as is possible (by telephone, where possible) if you believe that your Account information is being misused by a third party so that we may suspend your Account to prevent further abuse.
To retrieve a forgotten password, you can click on the “Forgot Password” link on the login page. When you click on the link, you will be asked to insert your email address. You will be texted a code which will allow you to change your password. Upon changing the password, you will be directly logged in.
We recommend that you disable any automatic password memory in your browser prior to using the Services. This will help to limit the risk to you of unauthorized use of your Account.
You are responsible for configuring your client terminal's auto-lock feature to protect the client terminal from unauthorized use.
Mojo reserves the right to refuse to register you as an Account holder, either with or without cause. Mojo reserves the right to suspend or terminate your Account at any time, either with or without cause, upon notice. Following termination or suspension of your Account, we will try, in the normal course of events, to comply with any valid contractual obligations made in accordance with these Terms.
Deposits & Withdrawals
Deposits. Funds deposited via a payment provider may take a few days to clear before they appear in this Account, during which time they will be held in the account of the relevant payment provider. During this time between when a deposit is initiated by you but your deposit funds have yet to clear from your payment provider, Mojo will allow you to use the Services and enter into contests up to the lesser of $25,000 or the amount of the deposit that you have initiated. When a Patron attempts to deposit funds into their account via a debit/credit card, or via ACH transfer, the amount that Patron deposits will be available and accessible instantly, up to $25,000 Until these deposit funds are confirmed however, a Patron will not be able to withdraw any money they have attempted to deposit, for any reason. If a Patron’s deposit fails, any transaction or Contest entry made with the funds that were made instantly available to that Patron may be voided by Mojo. If a Patron attempts to deposit more than $25,000, only the first $25,000 will be accessible instantly. The rest of the Patron’s funds will only be available once that Patron’s bank has confirmed the availability of such funds.
Patron deposits and winnings are held by Mojo in trust for the benefit of patrons in a separate, segregated bank account. These funds belong to you, subject to review of evidence of fraud, illegality or misconduct, and Mojo may not use these funds to cover operating expenses or for any other purposes. Your withdrawals will be made from this separate bank account. Please note that interest is not payable on the funds held in your Account.
In connection with making a deposit, you represent that:
- All money that you deposit in your Account originates from a payment source of which you are the legal owner;
- All money that you deposit in your Account is free from and unconnected to any illegality and, in particular, does not originate from any illegal activity or source; and
- All payments made into your Account are authorized and you will not attempt to reverse a payment made into your Account or take any action which will cause such a payment to be reversed by a third party in order to avoid any legitimate liability.
You accept that all transactions may be checked for the detection of money laundering and that any transactions made by you which Mojo deems suspicious may be reported to the appropriate authorities.
Deposits to your Account can be made using the following method(s):
- ACH (electronic checking or direct deposit): electronic transfer of funds between your bank account and your Player Account;
- Credit cards.
- Chargeback Fees. You are fully responsible for paying all monies owed to Mojo. You agree that you will not make or attempt to make any chargebacks, and/or deny or reverse any payment that you have made and you will reimburse Mojo for any chargebacks, denial or reversal of payments you make and any loss suffered by Mojo as a consequence thereof. Mojo may, at its sole discretion, cease to provide the Services or withhold payment to certain Patrons. Each charge-back transaction that you initiate with your bank will be assessed a $25.00 fee, applicable against any available cash balance in your Account at the time such fee is assessed. Any chargeback that you initiate requiring pre-arbitration proceedings will further be assessed a $500.00 fee, applicable against any available cash balance in your Account at the time such fee is assessed. Patrons’ Accounts will be frozen until these chargeback fees are paid by Patron, should such fees apply. See Section 14 below for more on Chargebacks.
- Withdrawals. We have policies in place and a number of controls and checks that take place before any withdrawal request is processed. These checks are part of our ongoing commitment to maintaining the security of our Patrons’ funds and preventing any unauthorized withdrawals. Withdrawals from your Account can be requested via ACH or check. ACH withdrawal requests will be processed within five (5) business days. Check withdrawals will be mailed within fourteen (14) business days via the United States Postal Service to the account address. The availability of withdrawn funds is subject to standard banking restrictions.
Subject to the deposit rules in section 7(i) above, Patrons can only enter into Contests up to the lesser of:
- the amount held within their Account or allowed by their bank;
- any limits set forth by the Patron;
- any limits set by Mojo in its sole discretion (the minimum and maximum Wager per selection is determined exclusively by Mojo and is detailed on screen).
- Mojo reserves the right to accept or decline any Contest entry.
- Mojo, in its sole discretion, will determine when and if a commission payment will apply to trades made within a Patron’s Contest entry. The amount of commission payable to Mojo may vary depending on the length of time that has elapsed between when a Patron opens a position, and the later settlement of that same position. At all times, Patrons will be notified of the terms of the commission structure due on a specific Contest transaction, prior to submission of that transaction.
- Contest entries, and any transactions within such Contest entry will be valid if accepted by Mojo. It is the Patron’s responsibility to ensure that all of the details of their Contest Entries are correct. Once a Contest entry’s transaction has been confirmed by Mojo, that transaction cannot be cancelled by the Patron. If you have any concern as to whether your transaction has been accepted, please log in and go to the ‘Account’ page of the Services.
- You must exercise your own judgement in making a Contest transaction and you hereby confirm that you have not relied on the advice of any Mojo employee relating to any transaction.
- Contest Entries must be made via the Websites or via the DFS Apps.
- Please familiarize yourself with how the various Contests and games are operated. If you have any questions relating to the foregoing, please review our house rules, Contest Rules and Scoring System or contact us. Mojo cannot accept any responsibility if you enter a Contest in circumstances where you do not fully understand any of the terms involved or how the Contest is operated.
- Mojo is not responsible for any taxes that may be payable by you on any Contest entries, winnings or otherwise.
- Mojo reserves the right to void any or all Contest entries made by any group of people acting in conjunction with each other, or any individual acting alone, in an attempt to collude against or defraud Mojo.
- Mojo may, at its sole discretion, exclude any Patron from the Services generally or from receiving selected promotions (e.g., guaranteed best price; bonuses; free Contest entries; enhanced prices; and money-back specials) and any other promotions and offers introduced by us from time to time.
- In the event of there being a dispute over the time at which a transaction was made, then the time at which it was recorded (if recorded) on the transactional log will govern settlement. If an attempted transaction was not recorded on the transactional log, no transaction shall be deemed to have been placed. You should check your Account balance each time you visit the Services.
- In the event of any representation made by you proving to be false, Mojo reserves the right to void all Contest entries made by you and suspend your Account. Additionally, Mojo shall not be obliged to pay any winnings which might otherwise have been payable in respect of any Contest entered into by you.
- In the event of a warning being received by Mojo in relation to suspicious or play and possible instances of event manipulation, Mojo reserves the right, in its absolute discretion, to:
- Suspend its offering in any of its markets or Players, if Mojo believes, in its sole discretion, that the manipulation that has occurred is applicable to those markets and/or Players, or that a Player that is available on Mojo’s platform is involved in an event in which the manipulation has occurred; and
- Delay and/or withhold payment on any Player until the integrity of an event or series of events in which the Player was involved has been confirmed:
- by the relevant sports federation or governing body (where applicable); or
- by Mojo using its reasonable discretion.
- Further, in the case of active event manipulation being confirmed as having taken place on any event or series of events (by the appropriate sports governing bodies or by any other means), Mojo reserves the right, in its absolute discretion, to suspend any transaction involving Players participating in such events, either by any individual identified as having misused Inside Information (defined in Section 8(xvi)) or by any other individual who in the reasonable opinion of Mojo is connected to, acting in conjunction with, or in any way involved with such individual or the event manipulation.
- “Inside Information” means any information which has not been made public and, if it were made public, would be likely to have a material effect on the relevant market relating to the event.
Suspension or termination
Without restricting our ability to rely on other remedies that may be available to us, we may suspend or terminate your Account and/or cancel any of your Contest entries at our absolute discretion if:
We suspect that you:
- Are engaging in illegal or fraudulent activity while using our Services;
- Are breaching any term of these Terms, including the DFS House Rules;
- Are taking unfair advantage over us or any other Patron or are otherwise acting in an unfair manner (for example, by exploiting a fault, loophole or error in our software, by collusion or by any other means);
- May be having difficulties obtaining credit or have become bankrupt; or
- We are required to do so by law.
Irrespective of whether we suspend or terminate an Account and notwithstanding any other provisions in these Terms, we may decide to cancel or void any Contest at our absolute discretion where:
- There is a technological failure; or
- Where in our judgment, acting reasonably, there is a manifest error in the terms of a transaction offered to, or made by, any party.
- If you have a question relating to your Account, it is your responsibility to notify Mojo at the earliest opportunity, providing as much information as Mojo may require.
- Following termination or suspension of your Account, we may, in the normal course of business, return any funds to you that remain in your account. However, we reserve the right to withhold the funds in your Account from you pending the determination of any investigation (including any relevant external investigation) where:
- We suspect you have acted in breach of these Terms or any other agreement relevant to your activities on our site, including where we suspect the Account has been linked with fraudulent or suspicious activity; and/or
- We are required to withhold the funds in your Account by law or to comply with any advice, request or instruction from any governmental, regulatory or enforcement authority.
- If an internal or external investigation reasonably demonstrates that you have acted in breach of these Terms, any other agreement relevant to your activities on the Website or DFS Apps, or that your Account has been linked with fraudulent and/or suspicious activity, we reserve the right to seize some or all of the funds in your Account. The disposition of any funds obtained by us in this manner will be at our sole and absolute discretion and/or in accordance with any advice, request, or instruction from any governmental, regulatory or law enforcement authority. In addition, if formally requested by law enforcement, taxation or other authorities, or in the event that you fail to provide us with sufficient information to identify yourself in accordance with our internal procedures or those procedures imposed on us by other authorities, we may suspend your Account and all functionality relating to the use of your Account (e.g. withdrawal of funds) and withhold from you any funds in your Account pending the final determination of any criminal or other legal proceedings or investigation to which such a request may relate.
- For the avoidance of doubt, at no point during any such suspension or termination period will interest accrue to you on any funds in your Account.
In addition to reserving certain market hours, solely during which Mojo will allow Patrons to make Contest transaction, Mojo further reserves the right to suspend any or all transactions, for any and all Patrons, at any time without notice. Under extraordinary circumstances – including, but not limited to, situations when there may be reason to believe that the market has been manipulated in some way, or when there is an injury to a Player but it remains unclear as to how serious the injury is – like any market it can be suspended for short intervals while Mojo investigates. Further, Mojo may suspend transactions when something of significance occurs or is likely to occur (ex: goal, touchdown, ejection, etc). The above examples are not exhaustive and there may be other reasons that are not listed. While a market is suspended, Patrons may not be able to make contest related transactions. The market may be suspended at any time, In Mojo’s sole discretion.
Game of Skill: Mojo DFS is a game of skill. Winners are determined by the criteria stated in each Contest's rules. For each Contest, winners are determined by the individuals who use their skill and knowledge of relevant professional sports information and fantasy sports rules to increase the value of their Contest portfolios by the largest amount. Portfolio value changes based on the performance of individual athletes in sports events.
Entry fees: Each Mojo Contest has an entry fee listed in US dollars. When you opt to participate in a Contest, that amount in US dollars will be debited from your Mojo account. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the person in whose Username the entry was submitted, or if possession of the Username itself is contested and in Mojo’s opinion sufficiently uncertain, the name in which the email address on file was registered with the email service provider. Mojo reserves the right not to award a prize to an individual it believes in its sole discretion did not submit the winning entry.
- Similarly, Contest entry ends at the stated “Entries Close” date and no more entries may be made at that time.
Prizes: After each Contest ends, the tentative winners are announced (generally by the following day) but remain subject to final verification. The winning Patrons will be determined by the applicable Contests’ gameplay rules, and will win prizes as set out in the posted Contest details. Prizes are added to the winning Patron’s account balance. In the event of a tie, the prize is awarded to the contestant that entered the contest in question at the earliest time.
- Mojo announces the entry fees and prizes in advance on the Browse page. For a summary of entry fees and prizes for currently open Contests please login and visit the Browse page.
- Prize calculations are based on the results as of the time when final scoring is tabulated by Mojo. Once winners are initially announced by Mojo, the scoring results will not be changed in light of official adjustments made by the professional leagues, though we reserve the right to make adjustments based on errors or irregularities in the transmission of information to us from our stats provider or in our calculation of results. We also may make adjustments in the event of noncompliance with the Terms. Mojo has no obligation to delay the awarding of a prize in anticipation of any adjustment, and we reserve the right to reverse payments in the event of any adjustment. You agree to cooperate with our efforts to reverse payments.
- No substitution or transfer of a prize is permitted. All taxes associated with the receipt or use of any prize are the sole responsibility of the winner. In the event that the awarding of any prizes to winners of the Contest is challenged by any legal authority, Mojo reserves the right in its sole discretion to determine whether or not to award or adjust such prizes. In all disputes arising out of the determination of the winner of Mojo Contests, Mojo is the sole judge and its actions are final and binding.
Notification: Results are generally posted in the History tab of the app after the conclusion of each contest by 10 AM ET on the following day. Winners may be requested to return via email or regular mail an affidavit of eligibility, a publicity agreement and appropriate tax forms by a specified deadline. Failure to comply with this requirement can result in disqualification. Any prize notification returned as undeliverable may result in disqualification and selection of an alternate winner. In addition, a list of winners and winner's names for each competition period may be obtained by writing to: Mojo DFS LLC, 20 West 22nd Street, New York, NY 10010.
Bonuses and Promotions: We frequently offer bonuses to newly depositing users and for other marketing purposes. Certain bonuses are awarded as a “pending bonus” earned gradually when users enter and complete paid Contests. A user’s pending bonus is converted into a monetary credit that can be used to play on Mojo as the user enters real money Contests in accordance with the terms of the offer or promotion. Unless otherwise stated, any unconverted pending bonus remaining in a player’s account 30 days after it has been initially credited can be removed by Mojo. Any credit a new user receives is for entry into competitions on Mojo and can only be withdrawn if they have been previously entered into at least one Contest. Additionally, if a user immediately withdraws money after a deposit which delivers a deposit bonus, then the bonus will be retracted. In the event of abuse of the bonus system by any user, Mojo reserves the right to retract your user bonuses or close your account. Acceptance of any bonus shall be in accordance with additional terms and conditions We may make available to You in respect of each such bonus offering and, if none, then in accordance with the Standard Promotional Terms and Conditions and bonus release restrictions contained in the relevant offer. Offers may be used only ONCE unless otherwise specified.
Stats Providers: Mojo utilizes third-parties to provide statistics for many of the available positions.
Please note that we cannot control certain actions of Patrons who may undertaking fraudulent activities such as colluding with other third parties or using unfair external factors or influences. If you suspect a third party is colluding, cheating or undertaking a fraudulent activity, please let us know as soon as possible. We will take reasonable steps to prevent such unacceptable behavior. However, we will not be liable for any loss or damage which you may incur as a result of such third-party collusion, fraud, cheating or otherwise illegal activity.
- In addition to the rest of these Terms, and all other terms and conditions that apply (such as rules relating to bonuses or particular games and/or functionalities or any other terms relating to any other DFS App), the following terms and conditions apply to the DFS Apps.
- You accept that using the DFS Apps outside of a WiFi network may result in data charges from your mobile network provider. Mojo will not be responsible for any data charges incurred as a result of your using the DFS Apps
Winnings, Payment & Consent to Paperless Delivery of Tax Documents
- All cleared winnings will be credited to the Patron’s Account. Please see abovefor details on withdrawal methods.
- Stats will be as published and confirmed by the relevant governing body or as otherwise generally accepted.
- The maximum payout to any one (1) Patron regardless of size of transaction, is as set out in the House Rules or Contest Rules and Scoring System, whichever is the lesser sum.
- It is strictly the duty of the Patron to stay within the limits set out in the House Rules, and Mojo will not under any circumstances pay any amounts in excess of those limits to a Patron for any purported winnings exceeding these limits.
- We may use your Patron name and/or first name and/or initials and state and any winnings you may have had for advertising or promotional purposes without additional compensation.
- Each year all winners who have won $600 or more over the previous year must provide updated address and social security details to Mojo. These details will be used to allow Mojo to comply with tax regulations and may be shared with appropriate tax authorities. You, not Mojo, are responsible for filing and paying applicable state and federal taxes on any winnings. Mojo does not provide tax advice, nor should any statements in this agreement or on the Service be construed as tax advice. By agreeing to these Terms, you are consenting to electronic delivery of all informational tax forms such as Form 1099 and Form W-2G.
- You hereby affirmatively consent to receive all your tax-related documents, including any IRS Form 1099, electronically at the then current email address listed in your account. Tax-related documents will remain available electronically for at least one year after the date the document is first made available to you electronically.
- If you wish to opt out of paperless delivery of tax-related documents, please provide a written notice prior to agreeing to these Terms either: (1) by mail to Mojo DFS LLC, Attn: Finance Department, 20 West 22nd Street, Third Floor, New York, NY 10010; or (2) by contacting Customer Service. We may take up to 15 business days after receipt to process your request, but any valid election to opt out of paperless delivery for tax-related documents will be applied as of the date that you agreed to these Terms. In each case, your written notice should contain: (1) a statement that you are opting out of paperless delivery of tax-related documents; (2) your US tax identification number; and, (3) your full legal name. If you choose not to affirmatively consent to receive tax-related documents electronically, a paper copy of all relevant tax-related documents will be provided to you at the last updated address in your Account when the tax-related documents are issued.
- In addition to consenting to and obtaining electronic copies, you may request additional paper copies of your tax-related documents by contacting Customer Service. Requesting a paper copy of your tax-related documents will not be considered a withdrawal of your consent for paperless delivery. You must formally withdraw consent to begin regularly receiving a paper copy of your future tax-related documents.
- You agree to notify us promptly if your e-mail address or other account information changes by updating your account information on the Services or contacting Customer Service. For information that is required by law to be sent to you, including Form, if we receive an electronic notice that an e-mail is undeliverable due to an incorrect or inoperable e-mail address, we will resend such information via U.S. Postal Service to your address on file.
- You may withdraw your consent to paperless delivery of future tax-related documents by providing written notice either: (1) by mail to Mojo DFS LLC, 20 West 22nd Street, Third Floor, New York, NY 10010; (2) by contacting Customer Service or (3) by changing the opt-in setting on your account. We may take up to 15 business days after receipt to process your request. In each case, state that you are withdrawing consent to paperless delivery of tax-related documents, and provide your US tax identification number and your full legal name.
- We reserve the right to stop paperless delivery of your tax-related documents at any time by giving you notice. If we choose to do so, we will send you paper copies of your tax-related documents.
Errors & Suspected Errors
- Mojo makes every effort to ensure that no errors are made in prices offered or transactions accepted within a Contest. However, human and/or systems’ error may occasionally result in errors.
- Mojo reserves the right to correct any obvious errors and to void any transactions placed where such errors have occurred.
- In the case of any blatant errors in prices transmitted (including for example where the price being displayed is materially different from those available in the general market and/or the price is clearly incorrect, depending on all of the circumstances), transaction within a Contest will be settled at the correct price at the time the transaction was initially submitted and confirmed.
- Should funds be credited to a Patron’s Account in error, Mojo reserves the right to reverse any such transaction. In the event that Mojo is not yet aware of the error, or that Mojo fails to do so, it is the Patron’s responsibility to notify us of the error without delay. Any winnings subsequent to the error and prior to the notification to us, whether linked to the error or not, shall be deemed invalid and returned to, or otherwise be reclaimable by, Mojo.
- Any monies which are credited to your Account, or paid to you as a result of an error shall be deemed, pending resolution, to be held by you in trust for us and shall be immediately repaid to us when a demand for payment is made by us to you. Where such circumstances exist, if you have funds in your Account we may reclaim these funds from your Account pursuant to Section 15(ii). We will use reasonable efforts to detect any errors and inform you of any such errors relating to you, your engagement with us, or your Account, as soon as reasonably practicable.
- As soon as you suspect or become aware of an error you shall:
- Immediately cease play; and
- Inform us as soon as reasonably practicable of any such error or suspected error.
- Where you have used funds as a result of an error which have been credited to your Account or awarded to you, and subsequently placed Contest transactions using such funds, we may cancel such Contest transactions and/or withhold any winnings which you may have won.
- If you are incorrectly awarded any winnings as a result of (a) any human error; or (b) any bug, defect or error in the Software, then Mojo will not be liable to pay you any such winnings and you agree to refund any such winnings that may have been paid to you as a result of such error or mistake.
- By using our Services, you understand that we reserve the right to change or remove any of these Services at any time.
Chargebacks and Cancellation
- Cancellation - We may restrict your access to the Services, suspend or terminate your Account, withdraw your Contest entries, void any Contest entries outstanding to your Account, or cancel and void any outstanding Contest entries in our absolute discretion without cause at any time including if:
- There is a technological failure;
- We suspect that you are engaging in illegal or fraudulent activity;
- We suspect that you have (or may have) breached any part of these Terms;
- We suspect you are acting in a manner that is detrimental to the conduct of our business or which may result in legal liability for you, us or third parties;
- We suspect that your Account’s usage could represent ‘business usage’ (‘business usage’ includes any use by an individual or organization supplying data or services to a gaming operator);
- We suspect that you may be having difficulties obtaining credit;
- We have the right to do so as set out in any of our other policies;
- You are prohibited from entering into a Contest by any term of your contract of employment or any rule of a sport governing body or other professional body which applies to you;
- You enter into a Contest that includes a sporting match or Event in which you take part;
- A deposit of funds into your account fails for any reason whatsoever (see Section 7 above for more details).
In relation to any cancelled or void Contest entries, we reserve the right to hold any money in your Account relating to these Contest entries to be paid to us or, if there are insufficient funds in your Account, demand that you pay us the relevant outstanding amount relating to these Contest entries.
Void Contest Entries & Right of Set-Off
- Mojo may be required by law to conduct certain checks on Patrons or those applying to open a new Account. Where we are required by law or otherwise determine to close an Account for a breach of these Terms, your attention is brought to the following terms:
- All previous Contest entries will be voidable at the option of Mojo and any winnings which you have accrued will be forfeited by you and you will return to us on demand any such funds which have been withdrawn from your Account; and
- Any stakes for transactions within a Contest made but for which the event is not yet completed will be subject to the specific sport rules within the House Rules.
- Mojo may at any time set off any amount on deposit in your Account against any amounts owed by you to Mojo.
- Mojo reserves the right to seek criminal or other sanctions against you if we suspect you have engaged in fraudulent, dishonest or criminal acts and we will disclose such information to the relevant authorities or other relevant third parties (for example, payment service providers) as may be necessary in this regard.
- Mojo reserves the right to suspend or terminate any Account it believes to be involved in fraud, money laundering and/or any other form of illegal or suspicious activities and to report such details as it reasonably considers are necessary to relevant authorities.
- You undertake that all money that you deposit in your Account is untainted with any illegality and, in particular, does not originate from any illegal activity or source.
Closure of Accounts
- Please contact our Customer Service if you wish to close your Account.
- After your Account has been closed, it will remain closed unless and until you ask for it to be re-opened. However, we may refuse to re-open your Account in certain circumstances.
- Account holders who wish to recover funds held in a closed, locked or excluded Account are also advised to contact Customer Service.
- We are entitled to close your Account at our discretion and without having to disclose any reasons, and where deemed necessary on written notice (or attempted notice) to you using the contact details you have provided. Any balance in your Account will be made available to you, provided that you have complied with these Terms.
- Your sole remedy in the event of termination of your Account by us for any reason shall be the reimbursement of any undisputed Account balance you may then have (and we shall have no further liability to you whatsoever).
Software and Downloads, Location Services and SMS Service Alerts
- Software and Downloads. For certain of our Services, it may be necessary to download or otherwise use certain software, including software provided by third parties. In such circumstances, you may be required to enter into an end Patron license agreement (“EULA”) in respect of such software. You agree to be bound by the terms of any such agreement. You also agree not to interfere with, modify, decompile, copy, or reverse-engineer any software provided to you as part of the Services except as expressly permitted herein, in the EULA, or as permitted by law.
SMS Service Alerts.
- To confirm that you opt-in to location data being used to validate your location (“Location Services”). You will not be able to enter paid contests unless you have opted into location verification. If you opt out of Location Services, you will no longer be able to enter paid contests as Mojo will no longer be able to verify your location. For further details regarding location, please contact Customer Service.
- Supported carriers for Location Services include major US carriers such as AT&T, Sprint, T-Mobile, and Verizon Wireless. Additional carriers such as Boost, Cricket, U.S. Cellular, and Virgin Mobile are also supported where available. Message and data rates may apply; please check with your carrier for further details.
Systems Failure & Hacking and Other Offenses
- Mojo shall not be liable for any transaction not being made for any reason or for you being disconnected from the Services, including, but not limited to, failure or disconnection of computer, telecommunications services, internet or otherwise, and the balance of your Account will at all times be as is recorded on our server.
- You warrant, represent and undertake that you shall not knowingly or negligently interrupt, corrupt or exploit for any purposes not intended by Mojo any of the Services, including for example by:
- Attempting to gain unauthorized access to any of the Services, the servers on which the Services are hosted or any server, computer or database connected to the Services;
- Using any features which may affect the function or performance of the Services in any way for example (but not limited to) releasing viruses, worms, trojans or similar material that may be malicious or harmful;
- Interfering or tampering with, removing or otherwise altering in any way, any information in any form which is included in or on any of the Services; or
- Attacking the Services via a denial-of-service attack or any other form of attack or interference.
- We reserve the right to pursue you for any loss we suffer as a result of any infringement by you of any of your obligations under this Section 19. Further, please be aware that we may share your details with law enforcement authorities in the case of any criminal, or suspected criminal, activities by you.
- We may restrict your access to the Services, prohibit you from participating in any and/or all contests, and/or prohibit you from playing in a particular contest, withhold payment of your winnings, and suspend or terminate your Account in our absolute discretion without cause at any time, including, without limitation, if:
- There is a technological failure;
- We reasonably believe that you have breached any of these Terms;
- You attempt to manipulate or ascertain information concerning the Software code or are involved in collusion;
- You tamper or attempt to tamper with the Software in any way;
- You are committing any offense, e.g., by attempting to access or accessing the games or sports wagering system from a jurisdiction where playing games or entering into Contests is illegal; or
- You publish any actual or potentially defamatory, offensive, racist, harmful or obscene language or material.
User Generated Content
- Certain of the Services may invite or permit you to upload your own content (“User Generated Content”). Mojo does not exercise editorial control over, and therefore does not endorse any, User Generated Content, and we shall not be liable in relation to such User Generated Content. You understand and agree that you are solely responsible for your User Generated Content.
- For any User Generated Content you provide, you hereby warrant, represent and undertake that such content:
- Is an original work created by you or you have a license or the express consent of the owner to use the User Generated Content in that manner;
- Does not infringe any third party intellectual property rights or privacy rights anywhere in the world;
- Does not contain any defamatory or otherwise inappropriate materials or statements;
- Does not contain any form of malicious computer code (e.g., viruses, bugs, trojan horses etc.) which could disable or disrupt any of the Services;
- Complies with all applicable laws and regulations; and
- May be used in connection with publicizing and promoting Mojo and its Services.
- Any User Generated Content you provide will be considered non-confidential and lawfully provided by you and you are automatically deemed to have granted us an irrevocable, transferable, royalty-free right and license to copy, exhibit, publish, distribute or otherwise use and sub-license that User Generated Content as we see fit, including for commercial purposes. Such uses may include in printed publications, multimedia presentations, on websites or in any other distribution media. You agree that Mojo may also use your name, likeness and any other biographical information contained in such User Generated Content as we see fit, including for commercial purposes. In addition, you waive any right to inspect or approve the finished product, including written copy, wherein your likeness or testimonial appears. For the avoidance of doubt, you agree that you will make no monetary or other claim against Mojo for its use of your User Generated Content.
- You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents, employees and service providers (e.g., Facebook) harmless from any liabilities, claims, losses or damages (including reasonable legal fees), however caused, that may arise as a result of or in connection with any User Generated Content.
- If you have any issues with User Generated Content provided by any other Patron or if you would like to discuss our use (or non-use) of your User Generated Content, please let us know by contacting us at the details below. We reserve the right (but are not obliged to) to edit or remove User Generated Content. Please contact us here.
Your Personal Data
- THE SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. Therefore, to the fullest extent permissible by law, Mojo, and each of its respective employees, directors, officers, managers, shareholders, agents, prize providers, agencies, vendors, licensors, licensees, contractors, successors, and assigns (collectively, “Mojo Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to:
- The Services and any wagering activities (including the Content and the User Generated Content);
- The functions, features, or any other elements on, or made accessible through, the Services;
- Any products, services, or instructions offered or referenced at or linked through the Services;
- Security associated with the transmission of your Contests, information and User Generated Content transmitted to Mojo or via the Services;
- Whether the Services or the servers that make the Services available are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your Device);
- Whether the information (including any instructions) on the Services is accurate, complete, correct, adequate, useful, timely, or reliable;
- Whether any defects to or errors on the Services will be repaired or corrected;
- Whether your access to the Services will be uninterrupted;
- Whether the Services will be available at any particular time or location; and
- Whether your use of the Services is lawful in any particular jurisdiction.
EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN OR IN ADDITIONAL TERMS PROVIDED BY A MOJO PARTY, THE MOJO PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.
- YOU HEREBY ACCEPT THAT BY USING THE SERVICES, THERE IS A RISK THAT YOU MAY, AS WELL AS WINNING MONEY, LOSE MONEY. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK AND THE MOJO PARTIES ACCEPT NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY CONSEQUENCES THAT ARE ALLEGED TO HAVE OCCURRED THROUGH YOUR USE, OR MISUSE, OF THE SERVICES.
- IF AND ONLY TO THE EXTENT THAT SECTION 23(i) DOES NOT APPLY, THE MAXIMUM LIABILITY OF THE MOJO PARTIES (AND/OR OUR THIRD PARTY SERVICE PROVIDERS, TO THE EXTENT RELEVANT) TO YOU ARISING OUT OF OR RELATING TO THE SERVICES AND/OR THE TERMS, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE SHALL BE LIMITED TO THE AVERAGE BALANCE HELD IN YOUR ACCOUNT IN THE PREVIOUS SIX (6) MONTHS (OR THE TERM OF THE ACCOUNT IN THE CASE OF ACCOUNTS OPEN FOR LESS THAN SIX (6) MONTHS).
- THE MOJO PARTIES (AND/OR OUR THIRD PARTY SERVICE PROVIDERS, TO THE EXTENT RELEVANT) SHALL NOT BE LIABLE TO YOU IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE ARISING FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF DATA, LOSS OF BUSINESS, LOSS OF BUSINESS INFORMATION, BUSINESS INTERRUPTION, LOSS OF REPUTATION, LOSS OF OPPORTUNITY, OR LOSS OF GOODWILL, OR FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, EVEN IF SUCH DAMAGES ARE FORESEEABLE OR IF WE HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.
- THE MOJO PARTIES ARE NOT LIABLE FOR THE FAILURE OF ANY EQUIPMENT OR SOFTWARE, WHEREVER LOCATED OR ADMINISTERED, OR WHETHER UNDER OUR DIRECT CONTROL OR NOT, THAT MAY PREVENT THE OPERATION OF OUR SERVICES, IMPEDE THE PLACING OF ORDERS FOR CONTEST ENTRIES OR THE ACCEPTANCE OF CONTEST ENTRIES, OR PREVENT YOU FROM BEING ABLE TO CONTACT US. THE MOJO PARTIES WILL NOT BE LIABLE FOR ANY LOSS OF CONTENT OR MATERIAL UPLOADED OR TRANSMITTED THROUGH THE WEBSITE AND YOU CONFIRM THAT THE WAGERFAIR PARTIES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MODIFICATION TO, OR SUSPENSION OR DISCONTINUANCE OF, THE SERVICES. THE MOJO PARTIES RESERVE THE RIGHT TO CANCEL OR SUSPEND THE SERVICES WITHOUT INCURRING ANY LIABILITY.
- THE MOJO PARTIES ARE NOT LIABLE FOR ANY LOSS OR DAMAGE THAT YOU MAY SUFFER BECAUSE OF ANY ACT OF GOD; POWER FAILURE; TRADE OR LABOR DISPUTE; ACT, FAILURE OR OMISSION OF ANY GOVERNMENT OR AUTHORITY; OBSTRUCTION OR FAILURE OF TELECOMMUNICATION SERVICES OR NETWORKS; OR ANY OTHER ACT, OMISSION, DELAY OR FAILURE CAUSED BY A THIRD PARTY OR OTHERWISE OUTSIDE OF OUR CONTROL.
- The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if the Mojo Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Services).
- In exchange for the right to participate in the Services, you agree to indemnify, defend (at our option) and hold the Mojo Parties harmless from and against any and all damages, losses, liabilities, claims, costs, investigations, judgments, fines, penalties, settlements, interest, expenses or demands, including, but not limited to, personal injury, death, or damage to or loss of property, that directly or indirectly arise from or are related to: (i) injuries, damages, or losses to persons and property which may be sustained in connection with participation in any wagering transactions, the receipt, ownership, use or misuse of any winnings or while preparing for, participating in and/or traveling to or from any Services related activity, as well as any claims based on publicity rights, defamation, or invasion of privacy; (ii) your User Generated Content; (iii) your use of the Services and your activities in connection with the Services; (iv) your breach or anticipatory breach of these Terms; (v) your violation or anticipatory violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Services, participation in any wagering transactions, and your other activities in connection with the Services; (vi) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vii) any misrepresentation made by you; and (viii) our use of the information that you submit to us (including your User Generated Content) (all of the foregoing, “Claims and Losses”). We may, in our sole and absolute discretion, require any winner to execute a separate release of claims similar to the one listed above in this Section as a condition of being awarded any Wager or receiving any pay-out. You will cooperate as fully required by us in the defense of any Claim and Losses. Notwithstanding the foregoing, we retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. We reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of Mojo. We are not responsible for technical, hardware, network connections or incomplete or delayed computer transmissions, regardless of cause.
Intellectual Property Rights
- The Services contain a variety of: (i) materials and other items relating to Mojo and its products and services, and similar items from our licensors and other third parties, including all layout, information, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Services, and the compilation, assembly, and arrangement of the materials of the Services and any and all copyrightable material (including source and object code); (ii) trademarks, logos, trade names, service marks, and trade identities of various parties, including those of Mojo (collectively, “Trademarks”); and (iii) other forms of intellectual property (all of the foregoing, collectively, “Content”).
- The Services (including past, present, and future versions) and the Content are owned or controlled by Mojo and/or our licensors and certain other third parties. All Content included on the Services is used with the permission of Mojo. All right, title and interest in and to the Content available on the Services is the property of Mojo or our licensors or certain other third parties and is protected by United States and international copyright, trademark, patent or other intellectual property rights to the fullest extent possible.
- Subject to your strict compliance with these Terms and any Additional Terms, Mojo grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to: (i) download (temporary storage only), display, view, use, play, and/or print one copy of the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, a “Device”) for your personal, non-commercial use only, and (ii) to use certain Content that we may from time to time make available on the Services explicitly for you for use as part of or to be incorporated into your User Generated Content (“Mojo Licensed Elements”), but only for such purposes as may be explicitly stated at the time that the Mojo Licensed Elements are made available on the Services; but we and our licensors and certain other third parties, as the case may be, retain ownership of such Mojo Licensed Elements. The foregoing limited license: (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in Mojo’s sole discretion, and without advance notice or liability. In some instances, we may permit you to have greater access to and use of Content and/or Mojo Licensed Elements, subject to certain additional terms. You may not distribute, modify, transmit, reuse, re-post, or use the Content on the Services for public or commercial purposes, including the text, images, audio, and video without Mojo’s written permission.
Rights of Others.
- When using the Services, you must respect the intellectual property and other rights of Mojo and others. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. Mojo respects the intellectual property rights of others.
Data Available on the Services.
- For the avoidance of any doubt you may use the data available from the Website and the other only as strictly required for your permitted personal, non-exclusive, non-sublicensable, non-commercial purpose of availing of the Services. Any other use and/or reproduction of the data without prior written consent of Mojo is prohibited and will constitute a breach of these Terms. Mojo reserves its right to take such action as it considers necessary, including issuing legal proceedings without further notice to you, in relation to any unauthorized use of its data or of the Website or Services.
Third Party Linking.
- At Mojo’s discretion, the Website or other Services may contain links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by Mojo of the contents on such third-party websites. Mojo is not responsible for the content of linked third party sites and does not make any representations regarding the content or accuracy of materials on such third-party sites. LINKS TO ANY SERVICES PROVIDED BY A THIRD PARTY ARE NOT INTENDED FOR TRADING OR INVESTING PURPOSES AND MOJO WILL ACCEPT NO LIABILITY FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR ANY OTHER LOSSES OR DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE INFORMATION PROVIDED. IF YOU DECIDE TO ACCESS LINKED THIRD PARTY WEBSITES, YOU DO SO AT YOUR OWN RISK.
- Mojo generally welcomes the hyper-linking to our Website from other appropriate websites provided such links are to our homepage (and no deeper within the Website) and provided Mojo gives its written consent to the establishment of such links. Mojo reserves the absolute right to refuse to consent to such links without giving reasons. Any links to either Website from another website must be presented in such a manner that the viewing of the Website is not impaired by framing or similar techniques that may impair a browser’s experience.
- Mojo does not permit linking from its Website or its Services to third party websites or services or the display of third party content on top of, or in addition or as an alternative to, our Website or Services without our express written consent. In particular, Mojo expressly prohibits third parties from framing, similar techniques or other acts of impairment of a Patron’s experience when they visit our Website or engage with our Services. To this end, and by your acceptance of these Terms whether as registered member or otherwise, you hereby acknowledge that where you engage in any of the foregoing prohibited actions:
- Damages may not be an adequate remedy for any infringement and that we are entitled to the remedies of injunction, specific performance, an order to deliver up materials which infringe our intellectual property rights and any other statutory or equitable relief and that no proof of special damages is necessary for reliance on such remedies; and
- You shall indemnify us for any liabilities, losses or damages (including reasonable legal fees), however caused, that may arise as a result of or in connection with your non-compliance with this Section.
Transfer and Assignment.
- On occasion, we may require the ability to transfer, assign or sublicense these Terms to a third party, for example (but without limitation) in the case of our engaging new third party service providers or in the case of a merger or acquisition. You hereby consent, and we reserve the right to, transfer, assign or sublicense these Terms, in whole or in part, to any person without requiring any additional consent and without notice, provided that any such assignment will be on the same terms or terms that are no less advantageous to you.
- You may not assign, sublicense or otherwise transfer in any manner whatsoever any of your rights or obligations under these Terms without our prior written consent.
- If any provision of these Terms is held to be invalid, void or unenforceable by reason of any law, rule, administrative order or judicial decision, that provision will be, to the extent strictly necessary, severed from the remaining terms and conditions and that determination shall not affect the validity of the remaining provisions of these Terms. In the case of the severance of any terms, the part deemed invalid or unenforceable shall be amended in a manner consistent with the applicable law to reflect, as closely as possible, the original intent in these Terms.
- Failure by Mojo to insist upon strict performance of any of your obligations or to exercise any of the rights or remedies to which we are entitled shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations and a waiver by us of any default shall not constitute a waiver of any subsequent default.
- Notices and other communications delivered or mailed to the postal address or to the electronic-mail address provided by you shall, until we have received notice in writing of any different address, be deemed to have been personally delivered once sent whether actually received or not
- In the event of there being any conflict or inconsistency between the terms and conditions comprising these Terms as identified in Section 2, the order of precedence shall be as follows:
- These Mojo Terms & Conditions; and then
- The House Rules, in conjunction with the Contest Rules and Scoring System; and then
- Any other of our terms and conditions, rules or policies as they relate to promotions, bonuses, special offers or any other aspect of your use of the Services from time to time.
- These Terms and any documents referred to herein represent the entire agreement between Mojo and you and supersede any prior agreement, understanding or arrangement, whether oral or in writing. We each acknowledge that we have not relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between us except as expressly stated in these Terms.
- When you communicate with us electronically, such as via e-mail and text message, you consent to receive communications from us electronically. Please note that, except as set forth in these Terms or otherwise required by applicable regulations, we are not obligated to respond to inquiries that we receive. 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.
Investigations; Cooperation with Law Enforcement; Termination; Survival.
- We reserve the right, without any limitation, to: (i) investigate any suspected breaches of the Services’ security or its information technology or other systems or networks; (ii) investigate any suspected breaches of these Terms; (iii) investigate any information obtained by us in connection with reviewing law enforcement databases or complying with criminal laws; (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters; (v) prosecute violators of these Terms; and (vi) discontinue the Services, in whole or in part, or, except as may be expressly set forth in any additional terms, suspend or terminate your access to it, in whole or in part, including any Accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party. Any suspension or termination will not affect your obligations to us under these Terms. Upon suspension or termination of your access to the Services, or upon notice from us, all rights granted to you under these Terms will cease immediately, and you agree that you will immediately discontinue use of the Services. The provisions of these Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to us in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.
Discontinuation of Operations.
- Should Mojo cease to operate for any reason whatsoever, Patrons’ deposits will be returned to them, subject to review of evidence of fraud, illegality or misconduct, regardless of whether such deposits have gained value or lost value. Patrons will be able to withdraw all funds in their accounts up until the final date of operations indicated by Mojo should such circumstances arise.
Binding Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Initial Dispute Resolution.
- Our Customer Service department is available to address any concerns you may have regarding the Services. Our Customer Service department is able to resolve most concerns quickly to our patrons’ satisfaction. The parties shall use their best efforts through this Customer Service process to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition to either party initiating a lawsuit or arbitration. Failure to engage in this process could result in the award of fees against you in arbitration.
- If the parties do not reach an agreed upon solution within a period of 30 days from the time informal dispute resolution begins under the Initial Dispute Resolution provision set forth above, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including their formation, performance and breach), the parties’ relationship with each other, and/or your use of the Services (including the Site, the App, and any wagering transactions) shall be finally settled by binding arbitration administered by JAMS in accordance with the provisions of its Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class or representative actions.
- Except as set forth in Section 30.4, the arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment of JAMS administrative or arbitrator fees (including the timing of such payments and remedies for nonpayment). The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The parties agree that the arbitrator may allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.
- The Streamlined Arbitration Rules governing the arbitration may be accessed at www.jamsadr.com or by calling JAMS at (800) 352-5267. If you commence arbitration in accordance with these Terms, you will be required to pay $250 to initiate the arbitration. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, the arbitrator may require Mojo to pay the additional cost. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise. If the arbitrator finds the arbitration to be non-frivolous, Mojo will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim does not exceed $25,000. For claims above $25,000, fees and costs will be determined in accordance with applicable JAMS rules. The arbitration rules permit you to recover attorney’s fees in certain cases.
- Arbitration will take place at any reasonable location within the United States convenient for you.
- Any arbitration demand or counterclaim asserted by either party must contain sufficient information to provide fair notice to the other party of the asserting party’s identity, the claims being asserted, and the factual allegations on which they are based. The arbitrator and/or JAMS may require amendment of any demand or counterclaim that does not satisfy these requirements. The arbitrator has the right to impose sanctions in accordance with JAMS Rule 24 for any claims the arbitrator determines to be frivolous or improper (under the standard set forth in Federal Rule of Civil Procedure 11).
- The parties agree that JAMS has discretion to modify the amount or timing of any administrative or arbitration fees due under JAMS’s Rules where it deems appropriate, provided that such modification does not increase the costs to you, and you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by JAMS does not constitute a default, waiver, or breach of this Section 30 while such challenge remains pending before JAMS, the arbitrator, and/or a court of competent jurisdiction.
- The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
Limited Time to File Claims.
- TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT ANY CLAIM OR CAUSE OF ACTION AGAINST THE OTHER ARISING OUT OF OR RELATED TO THE USE OF THE SERVICES OR THE TERMS, THEN YOU OR WE MUST COMMENCE IT WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE -- OR IT WILL BE FOREVER BARRED.
Exception – Litigation of Intellectual Property and Small Claims Court Claims.
- Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also elect to have disputes or claims resolved in a small claims court that are within the scope of that court’s jurisdiction. Either party may also seek a declaratory judgment or other equitable relief in a court of competent jurisdiction regarding whether a party’s claims are time-barred or may be brought in small claims court in your state and county of residence. Seeking such relief shall not waive a party’s right to arbitration under this agreement.
No Class Action Matters.
- The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND Mojo 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. If there is a final judicial determination that applicable law precludes enforcement of this Section’s limitations as to a particular remedy, then that remedy (and only that remedy) must be severed from the arbitration and may be sought in court. The parties agree, however, that any adjudication of remedies not subject to arbitration shall be stayed pending the outcome of any arbitrable claims and remedies.
Applicable Law and Venue.
- All controversies or claims arising out of or related to our Services or these Terms shall be construed and enforced in accordance with the laws of the state of New York and the United States of America without regard to any choice of law or conflict of laws principles, regardless of where you live.
- For any dispute not subject to arbitration you and Mojo agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in New York, NY. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
30-Day Right to Opt Out.
- You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following address Mojo Interactive, Inc., 20 West 22nd Street, New York, NY 10010. The notice must be sent within 30 days of your first use of the Services, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, Mojo also will not be bound by them.
Changes to this Section.
- Mojo will provide 30 days’ notice of any changes to this section. Changes will become effective on the 30th day. If you continue to use the site after the 30th day, you agree that any unfiled claims of which Mojo does not have actual notice are subject to the revised clause.
- If you experience any problems or have any inquiries or concerns, please contact Customer Service. If you are not satisfied with how we respond to your question or complaint, please raise a dispute with us by providing full written details of your grievance to us via email at___________ @Mojo.com. We will respond in detail to all such questions or complaints within ten (10) business days of receipt.
Terms Applicable to Apple iOS
- If you are accessing or using one of our DFS Apps through a Device manufactured and/or sold by Apple, Inc. (“Apple”, with such a device herein referenced as an “Apple Device”):
- To the extent that you are accessing the DFS App through an Apple Device, you acknowledge that these Terms are entered into between you and Mojo and, that Apple is not a party to these Terms other than as third-party beneficiary as contemplated below.
- The license granted to you in Section 25 of these Terms is subject to the permitted Usage Rules set forth in the Apple App Store Terms and Conditions (see: http://www.apple.com/legal/itunes/us/terms.html) and any third party terms of agreement applicable to the DFS App.
- You acknowledge that Mojo, and not Apple, is responsible for providing the DFS Apps and Content thereof.
- You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the DFS Apps.
- To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the DFS Apps.
- Notwithstanding anything to the contrary herein, and subject to the terms in these Terms, you acknowledge that, solely as between Apple and Mojo, Mojo and not Apple is responsible for addressing any claims you may have relating to the DFS Apps, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that the DFS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- Further, you agree that if a DFS App, or your possession and use of a DFS App, infringes on a third party’s intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
- You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
- When using a DFS App, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with the DFS App.
- You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.