Terms of Service
contestslineups
scores
leaders
bets
transactions
sign in

Interim text, pending final legal review. Some details are marked as placeholders.

Terms of Service — Buzztime ProBook

IMPORTANT NOTICE: DISPUTES ABOUT THESE TERMS AND BUZZTIME SERVICES ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE "MANDATORY ARBITRATION AND CLASS ACTION WAIVER" SECTION BELOW. IF YOU ARE UNDER THE AGE OF 13 STOP! YOU MAY NOT USE THE PLATFORM. CASH CONTESTS ARE AVAILABLE ONLY TO PLAYERS 18 AND OLDER. ALL GAMES, CONTESTS, COMPETITIONS, AND PRIZES ARE PROVIDED BY BUZZTIME. NO OTHER PARTY SUCH AS APPLE OR GOOGLE IS A SPONSOR OR PROVIDER OF BUZZTIME GAMES, CONTESTS, COMPETITIONS, OR PRIZES UNLESS SPECIFICALLY PROVIDED IN CONNECTION WITH SUCH CONTEST, COMPETITION, OR PRIZES.

Last updated: [TO BE SET AT PUBLICATION]

1. Introduction; acceptance and parties

Welcome to eGames.com Holdings, LLC, dba Buzztime ("Buzztime," the "Operator," "we," "us"). These Terms of Service ("Terms") are an agreement between you and Buzztime governing your use of the Buzztime ProBook platform (the "Platform"), which is provided through our websites, our mobile applications, and businesses and venues operated by our partners. The Platform offers:

  • Free-to-play games — a play-money sportsbook and fantasy sports contests using "BMO" points. BMO points have no cash value, cannot be purchased, and cannot be redeemed, transferred, or exchanged for money or anything of value.
  • Paid ("cash") fantasy sports contests, offered pursuant to the Operator's registration as a fantasy sports contest operator with the New Hampshire Lottery Commission under NH RSA 287-H, and available only to players who meet the eligibility requirements in Section 2.

By registering for, installing, and/or using the Platform in any manner, you agree to be bound by these Terms, our Privacy Policy, and the Contest Rules, which are incorporated by reference (together, the "Terms"). Please read them fully and carefully before using the Platform.

Sometimes additional terms, guidelines, rules, or product requirements may apply to a feature of the Platform. Such additional terms, which will be available with the relevant feature, are incorporated into these Terms and become part of your agreement with us if you use that feature.

We may change these Terms as described in Section 28. The date above shows when the Terms were last revised.

2. Eligibility

By registering as a user or using the Platform, you represent that you are at least 18 years old, or, if you are between 13 and 18 years old, that your parent or legal guardian has completed the registration process with you, agrees to your use of the Platform, and has reviewed and agreed to these Terms. If you are under 13 years old, you may not, under any circumstances or for any reason, use the Platform. You are asked for your date of birth at registration and we refuse registration to anyone under 13.

Cash contests are available only to natural persons 18 years of age or older (RSA 287-H:3, I(f)). If you registered as under 18, the cash features of the Platform — identity verification, deposits, and cash contest entry — are unavailable until you are 18; the free-to-play features are available in the meantime. To participate in cash contests you must:

  1. Be a natural person 18 years of age or older, as confirmed by identity verification (Section 4) — a declared date of birth is not enough;
  2. Be physically located at an eligible venue in New Hampshire at the time of any deposit or cash contest entry, as determined by the Platform's geolocation checks. Withdrawing your balance is not location-checked — you may withdraw from anywhere, at any time;
  3. Successfully complete identity verification (Section 4);
  4. Not be a prohibited participant (Section 3); and
  5. Not be subject to an active self-exclusion (Section 10).

Free-to-play features remain available without conditions 1–3, subject to the age requirement above and to self-exclusion (Section 10).

You are solely responsible for ensuring that your use of the Platform complies with all laws, rules, and regulations applicable to you, and the right to access the Platform is revoked where these Terms or use of the Platform is prohibited or to the extent the offering or provision of the Platform conflicts with any applicable law, rule, or regulation. You are not eligible for our promotions if you violate any provision of these Terms, as determined in Buzztime's sole discretion.

3. Prohibited participants

The following persons may not enter cash contests (RSA 287-H:3, I(a), I(c), I(e)):

  • Employees of the Operator, and relatives living in the same household as such employees;
  • The Operator itself and any system or operator-controlled account;
  • Athletes, sports agents, team employees, referees, officials, and league officials, with respect to any contest based on the sport with which they are associated.

You must attest to your status during onboarding and notify us if it changes. We enforce these prohibitions through an employee registry, attestations, and account review, and will cancel entries and may suspend accounts on discovery of a violation.

4. Registration; one account; identity verification

As part of the registration process required to use most aspects of the Platform, you will provide your email address, select a display name and a password, and provide your date of birth. You agree to:

  • Provide and at all times maintain accurate, current, and complete information. You can correct or update your information from your account settings on the Platform.
  • Maintain the security of your password and login. You are fully responsible for all use of your account, and you will notify Buzztime immediately of any breach of security or unauthorized use of your account.
  • Hold one account only. You will not register for more than one account, register an account on behalf of any entity other than yourself, register a fake identity, or use another person's account, and you will not allow anyone else to use yours. We may merge, suspend, or close duplicate accounts and void associated entries.

Before your first deposit or cash entry you must complete identity verification (legal name, date of birth, residential address, telephone number) through an independent third-party identity-verification service. Your telephone number is passed to that service for matching and is not stored by us. If verification cannot confirm that you are 18 or older and who you claim to be, paid features remain unavailable. A determination that you are under 18 permanently disqualifies the account from paid play (RSA 287-H:3, I(f)); any deposits made from an account later determined underage will be refunded to the source and associated entries voided. If you registered with a date of birth that shows you are under 18, you cannot begin identity verification until you are 18.

We do not store Social Security numbers; where a partial SSN is requested it is transmitted to the verification service and not retained by us.

Sanctions screening. After verification, your verified identity is screened against United States government sanctions and watch lists through an independent screening service, and re-screened on an ongoing basis as those lists are updated. A potential match may suspend paid features — including withdrawals — pending review; where federal sanctions law requires, funds are blocked and reported to the appropriate authorities (Section 24).

You may close your account at any time as described in Section 24.

5. Deposits

  • Deposits are made by payment card through our payment processor's secure, processor-hosted payment form. Your full card number is never received or stored by the Operator.
  • Credit card acceptance may be modified, limited, or disabled by the Operator at any time; available deposit methods are shown at the cashier. Additional deposit methods (e.g., bank transfer) may be offered in the future.
  • Per-transaction minimum and maximum deposit amounts are displayed at the cashier and may change. Deposits are also subject to any voluntary deposit limits you have set (Section 11).
  • A deposit is credited to your wallet only when confirmed by the payment processor. Declined or failed payments credit nothing; repeated failed attempts may result in a temporary lock of deposit features for security review.
  • Deposited funds carry no interest and confer no rights other than participation in contests and withdrawal per these Terms.

6. Player funds

Player cash balances are recorded on a dedicated ledger and held segregated from the Operator's operational funds in accordance with RSA 287-H:3, VIII. Your balance is a liability of the Operator to you; it is not a deposit account, is not insured, and earns no interest.

7. Withdrawals

  • You may request withdrawal of your available cash balance at any time, subject to identity verification, good account standing, and the absence of an unresolved sanctions-screening match (Section 4; federal sanctions law is the single exception to at-any-time withdrawal).
  • Withdrawals are paid by push-to-card transfer to an eligible debit card in your name on file — typically near-instant when our payout account is funded. When a funding transfer is required first, withdrawals are paid in the order requested (first-in-first-out) once it settles, typically within 1–3 business days, and your withdrawal shows its queued status in the wallet. Withdrawals are never paid to credit cards — card-network rules do not permit winnings to be paid to a credit card. If you do not have an eligible debit card on file, you will be prompted to add and verify one; if you cannot provide one, contact support and we will arrange disbursement by an alternative method (e.g., bank transfer or check).
  • We charge no fee to withdraw. You receive the full amount you request; we do not deduct a processing or transfer fee.
  • Withdrawal requests debit your wallet immediately. Requests above a security-review threshold receive manual review before disbursement; we disclose that review may take up to [N] business days. Failed or returned disbursements are automatically re-credited to your wallet with notice to you.
  • Tax: if your net winnings for a calendar year reach the federal reporting threshold (currently $600), you must provide completed IRS Form W-9 information before further withdrawals are processed, and we will issue Form 1099-MISC as required by law.

8. Chargebacks and reversals

Initiating a payment dispute (chargeback) on a deposit while retaining or having used the deposited funds is a breach of these Terms. On notice of a dispute we may reverse the corresponding ledger credit — which may result in a negative balance — and suspend the account from paid play and withdrawals until the matter is resolved. We may recover negative balances from future deposits or winnings and may pursue other lawful remedies.

9. Contests, prizes, entry limits, and scripts

  • Contest formats, scoring, prizes, refund rules, and settlement are governed by the Contest Rules, incorporated by reference. All prizes are established and displayed before a contest opens (RSA 287-H:3, V). All contests and prizes are provided by Buzztime; no other party, including Apple or Google, is a sponsor or provider of any contest or prize unless specifically stated for that contest.
  • Each contest discloses the maximum number of entries per player, and the Platform enforces that limit (RSA 287-H:3, I(k)).
  • Unauthorized scripts, bots, or automation that provide an unfair advantage are prohibited (RSA 287-H:3, VII(a)). We monitor for and may suspend accounts using unauthorized automation (VII(b)). If the Operator authorizes any script or tool, it will be published and made available to all players equally (VII(c)). As of launch, no third-party scripts or tools are authorized.
  • Confidential contest information is not disclosed before lineups lock (RSA 287-H:3, I(b)).

10. Self-exclusion

You may exclude yourself from contest play at any time from your account settings, for 30 days, 90 days, 1 year, or indefinitely (RSA 287-H:3, I(j)). Self-exclusion:

  • Takes effect immediately and is irrevocable until it expires — neither you nor customer support can shorten or lift it early. Support may extend it at your request.
  • Blocks all contest entry — including free-play (BMO) contests and bets — and blocks all deposits.
  • Does not block withdrawals: you retain full access to your transaction history and may withdraw your remaining balance at any time.
  • Removes you from all marketing communications (RSA 287-H:3, VI).
  • Removes contests, scores, and leaderboards from your account for the duration, and stops all offers, bonuses, and reminders to play. While you are excluded, your account gives you your transaction history, the Responsible Gaming page, and withdrawal.

11. Responsible gaming

Responsible-play information and help resources are available on the Responsible Gaming page, linked from every page of the Platform (RSA 287-H:3, I(g)–(h)), including the New Hampshire Council on Problem Gambling (603-724-1605) and 1-800-GAMBLER. You may set voluntary daily, weekly, or monthly deposit limits, and change or remove them at any time; changes take effect immediately.

12. Account records

You have continuous access to your complete play history and your entire financial transaction history — every deposit, withdrawal, entry, prize, refund, and reversal — in your account (RSA 287-H:3, I(i)).

13. Conditions on use of the Platform

Buzztime grants you permission to access and use the Platform as set forth in these Terms solely for your own personal use. Your account is personal to you (Section 4).

In using the Platform, you agree you will not:

  • Use the Platform in any illegal manner or for any illegal purpose, or in any other manner that could damage, disable, overburden, or impair the Platform.
  • Hack, defeat, evade, or interfere with any security feature of the Platform or any aspect of your account, nor attempt to do so — including any attempt to falsify or spoof your location, or to circumvent identity verification, age verification, or self-exclusion, whether your own or another person's.
  • Cheat, use any deceptive methods, or otherwise evade or violate the rules or intended operation of any software, hardware, game, contest, or competition, nor attempt to do so.
  • Use any script, bot, or automated system to enter contests, build or edit lineups, or otherwise interact with contests (Section 9), or use any automated system, software, or device to generate and send communications to or through the Platform, or annoy or harass any person through or in connection with the Platform.
  • Alter or modify any content or component of the Platform, other than information or content you have submitted or posted through the Platform.
  • Reproduce, duplicate, copy, sell, trade, or exploit, for any commercial purpose, any content or component of or any access to the Platform, without the prior written permission of Buzztime, except for User Content or registration information you have submitted or posted through the Platform.
  • Collect or harvest any personally identifiable information, including without limitation account names or email addresses, from or through the Platform, or use the communication systems included in the Platform for purposes of sending any commercial solicitation.
  • Upload, post, transmit, share, or otherwise make available through the Platform any illegal material, or any material that contains software viruses or any other computer code designed to interfere with the functionality of any computer software, hardware, or telecommunications equipment.
  • Submit, transmit, or post any material that is obscene, sexually explicit, hateful, intimidating, or threatening, or that violates the rights of Buzztime or of any third party.
  • Use the Platform to post, transmit, or share material that is defamatory or invasive of the privacy of another person, graphically violent, or otherwise inappropriate for a general audience.
  • Promote, encourage, or engage in hate speech, hate crimes, terrorism, violence against people, animals, or property, or intolerance of or against any protected class.
  • Use the Platform to post, transmit, or share material that you did not create or that you do not have permission to use and distribute and to allow Buzztime to use and distribute as provided in these Terms.
  • Use the Platform in conjunction with any lottery, gambling, or similar activity, or sponsor, encourage, organize, or knowingly participate in any activity which constitutes a lottery, gambling, or similar activity in connection with the Platform. For clarity, the paid fantasy sports contests that Buzztime itself offers on the Platform are fantasy sports contests conducted under NH RSA 287-H and are not a lottery or gambling under New Hampshire law; this restriction applies to any other such activity, including any wagering between players on contest outcomes.

You understand and agree that your use of the Platform is subject to these conditions, and that any failure to abide by them may result in the immediate suspension or termination of your account and your access to the Platform without notice. Without limiting the foregoing, if you provide any information that is inaccurate, not current, or incomplete, or Buzztime has reasonable grounds to suspect that such information is inaccurate, not current, or incomplete, or that you have engaged in or attempted to engage in any hacking of the Platform, cheating, or any other violation of the above conditions, Buzztime may deny you access to some or all of the Platform, including without limitation disqualify you from promotions, void entries, revoke prizes or any other beneficial aspects or features associated with your account, and/or terminate your account, at its sole discretion, subject to Section 24 (disbursement of your verified remaining balance).

Please be aware that message and data rates may apply when you use the Platform on your smartphone. You are solely responsible for any costs associated with using the Platform on your smartphone.

14. User Content

By submitting, posting, or transmitting material in the Platform other than personal information submitted in connection with registration or identity verification ("User Content" — for example, messages in the Platform's chat), you grant to Buzztime an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license to: (1) use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and distribute User Content, in or through any medium now known or hereafter invented, for any purpose; (2) prepare derivative works using User Content, or incorporate it into other works, for any purpose; and (3) grant and authorize sublicenses of any or all of the foregoing rights. When you submit, transmit, or post User Content using the Platform, you also authorize us to make such copies thereof as we deem necessary in order to facilitate its posting, maintenance, and storage.

You represent and warrant that you have all intellectual property rights (including without limitation copyright and trademark rights), licenses, and permissions for you to submit the User Content and for Buzztime to use such material in the manner described in these Terms.

You agree that you will indemnify, defend, and hold harmless Buzztime for all claims resulting from User Content that you post. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event, you will cooperate with us in asserting any available defenses. Buzztime reserves the right, in its sole discretion, to reject, remove, edit, move, or prevent access to any User Content posted in the Platform, but we do not assume that obligation. You acknowledge and agree that you may be exposed to content that you may consider offensive or objectionable. You acknowledge and agree that neither Buzztime nor any third-party service provider is responsible for the content of any material submitted, transmitted, or posted by any user of the Platform, and you agree that you must evaluate and bear all risks associated with your use of or reliance on such content.

15. Performance Statistics

By using the Platform, you permit Buzztime, at its sole discretion, to analyze your performance in any game, contest, or competition you participate in, and to use a record of your participation and resulting scores and statistics ("Performance Statistics") for any purpose, including to improve the Platform, detect fraud and prohibited automation, and match and/or compete with other players. You also permit us to use your anonymized Performance Statistics for marketing and advertising purposes.

In particular, the Platform maintains counters of the paid contests you have entered and the prizes you have won. As RSA 287-H:3, IX requires, players who have entered more than 1,000 paid contests or won more than 3 prizes of $1,000 or more are identified as highly experienced and are conspicuously badged next to their display name wherever contest entrants are displayed; players with fewer than 51 paid entries are classified as beginners and have access to beginner-only contests from which highly experienced players are excluded. The badge and its meaning are explained in the Contest Rules.

Contests on the Platform are decided between live entrants on the basis of the accumulated statistics of the real athletes in their lineups, as set out in the Contest Rules; the metrics for winning are the same for all participants in a contest.

16. Rights to and use of the Platform

So long as you abide by these Terms and any other applicable rules or guidelines, Buzztime grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license, subject to the limitations in these Terms, to access and use the Platform solely for your own non-commercial purposes.

Except for User Content or material that appears in the Platform at the direction of third-party service providers and partners (including sports statistics and odds data licensed from third-party data providers), all content and components of the Platform, including without limitation the software, text, photos, video and audio content, graphics, interactive features and advertisements, games, contests, and competitions, and all trademarks, service marks, and logos contained therein ("Buzztime Content") are owned by or licensed to Buzztime, subject to any copyrights or other intellectual property rights held by others. Buzztime reserves all rights to the Buzztime Content and any other component or content of the Platform, and these Terms do not grant you or any other party any right, title, or interest in the Platform or any Buzztime Content.

Buzztime Content and its arrangement and selection are copyrighted by Buzztime and may not be used without the prior written permission of Buzztime. Without Buzztime's prior written permission, you may not distribute, modify, transmit, download, reuse, re-post, or use the Buzztime Content for public, commercial, or any other purposes except for your own personal use of the Platform.

17. Copyright

We respect the intellectual property rights of others. We prohibit users from uploading, posting, or otherwise transmitting materials that violate the intellectual property rights of others. When we receive notification of alleged copyright infringement that complies with the Digital Millennium Copyright Act (17 U.S.C. § 512, the "DMCA"), we promptly remove or disable access to the allegedly infringing material. We also terminate the accounts of repeat infringers. If you are a copyright owner or an agent thereof and you believe that any content on the Platform infringes upon your copyrights, you may submit a notice by following the directions on our DMCA page located at buzztime.com/copyright/.

18. Trademarks

Brainbuster, Buzztime, Buzztime Entertainment, Buzztime's Smartest Bar, Buzztime Smartest Bar, Countdown, Mobile Playmaker, Opinionation, Opinionation Live, Playersplus, Playmaker, Predict The Play, QB1, Showdown, Six, Stump! Trivia Quiz, The Pulse, Trendalicious Trivia, Tuned In, and Where Are You Thinking Tonight?, are registered trademarks of Buzztime. Ask it Already, Buzztime Shorts, Canada Eh?, Cinema Trivia, Glory Daze, Immortal Words, Jackpot Trivia, Lexitopia, Lunchtime Trivia, Only the Smart Will Survive, Playback, Speed Freaks, Scifiles, Sports Trivia, Spotlight, The Late Shift, and Topix are trademarks of Buzztime. You may not use any of our trademarks without express written authorization.

19. Sponsors, advertisers, and third parties

The Platform may contain third-party content or links to sponsor, advertiser, or other third-party websites that are not owned or controlled by Buzztime. Inclusion of, linking to, or permitting the use or installation of any third-party site, application, software, content, or advertising does not imply approval or endorsement thereof by Buzztime. You understand and agree that Buzztime has no control over, and assumes no responsibility for, the content, privacy policies, terms, or practices of any third parties. By using the Platform, you release Buzztime from and expressly waive all claims, actions, damages, and direct or indirect liability arising from your use of or reliance upon any third-party service, website, or content. These Terms do not apply to your use of any third-party site, service, or content. Third parties may have their own terms of service and privacy policies to which you may be bound. Your correspondence or dealings with, or participation in promotions of, sponsors, advertisers, or other third parties found on or through the Platform are solely between you and such third parties. You agree that Buzztime will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such sponsors, third parties, or advertisers in the Platform.

20. Privacy

Your User Content, registration information, identity-verification information, location information, and transaction records in connection with your use of the Platform will be processed in accordance with our Privacy Policy.

21. Provision and modification of the Platform

You understand and agree that the Platform is provided to you on an "AS IS" and "AS AVAILABLE" basis, and that Buzztime has no responsibility or liability for the lack of availability, timeliness, or reliability of the Platform. The Platform may be subject to interruptions and delays, caused by Buzztime or others. You agree that Buzztime will not be liable to you or to any third party for any modification, suspension, interruption, delay, or discontinuation of the Platform. Contests affected by an interruption are handled as the Contest Rules provide (cancellation and refund of entry fees where a contest cannot be settled).

22. Disclaimer of warranties

Buzztime provides the Platform using a commercially reasonable level of care and we hope that you will enjoy using it. But there are certain things that we don't promise about the Platform.

Buzztime makes no warranties or representations as to the accuracy of any information provided through the Platform — including sports scores, statistics, and odds supplied by third-party data providers — and makes no promises or guarantees that the Platform will be uninterrupted or error-free. Buzztime also makes no warranty or representation that the content of the Platform will not infringe the intellectual property or other rights of any person or entity.

USE OF THE PLATFORM IS AT YOUR SOLE RISK. IT IS PROVIDED ON AN "AS IS" BASIS. BUZZTIME EXPRESSLY DISCLAIMS AND EXCLUDES ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT: (I) THE PLATFORM WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE PLATFORM WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE PLATFORM IS SOLELY AT YOUR OWN RISK.

23. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT BUZZTIME WILL NOT BE LIABLE IN ANY WAY OR FOR ANY CLAIMS, ACTIONS, OR DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF BUZZTIME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OF OR THE INABILITY TO USE THE PLATFORM. IN NO EVENT SHALL BUZZTIME'S LIABILITY FOR ANY CLAIM ARISING FROM THE PROVISION OF, USE OF, OR INABILITY TO USE THE PLATFORM EXCEED THE LESSER OF THE ACTUAL ECONOMIC DAMAGES INCURRED OR $200.

Nothing in this Section limits Buzztime's obligation to hold and disburse your player cash balance (Section 6) or to pay prizes you have won under the Contest Rules, or any liability that cannot be limited under applicable law.

In particular, and without limitation, Buzztime will have no liability for damages arising from: (1) accessing, downloading, or otherwise obtaining any content or component of the Platform, even if it results in the transfer of harmful computer code, such as viruses, malware, or spyware; (2) unauthorized access to or disclosure or alteration of your transmissions or data; (3) statements or conduct of any third party using the Platform; or (4) as otherwise provided in these Terms.

24. Suspension, termination, and account closure; dormancy

Buzztime may, in its sole discretion, terminate, limit, or suspend your account and/or prohibit you from using or accessing the Platform, at any time, with or without notice, including for breach of these Terms, fraud, unlawful activity, or as required by law or by the New Hampshire Lottery Commission. On closure of an account holding a cash balance, your verified remaining balance (less amounts lawfully withheld) is disbursed to you following identity verification.

Where United States sanctions law requires, we will block funds and accounts and report to the appropriate authorities. Blocked funds are handled as federal law directs and cannot be withdrawn or disbursed while blocked.

You may close your account at any time from the Platform or by emailing customersupport@buzztime.com; Buzztime may require additional information from you to verify your account prior to closure, and your balance will be disbursed following verification. Records that we are required to keep under RSA 287-H, tax law, or our regulatory obligations are retained after closure as described in the Privacy Policy.

Accounts inactive for an extended period may be classified dormant.

All provisions of these Terms which by their nature should survive termination shall survive, including, without limitation, our rights to use User Content, intellectual property provisions, warranty disclaimers, limitation of liability, indemnity obligations, and our record-retention obligations.

25. Indemnification

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

By using the Platform, you agree to defend, release, and hold harmless Buzztime and each of its parents, subsidiaries, affiliates, partners, co-sponsors, and agencies, as well as the officers, directors, employees, shareholders, and representatives of any of the foregoing entities from and against all liabilities, claims, or actions in connection with your use or misuse of, or access to, the Platform or Buzztime Content, or otherwise from your User Content, your violation of these Terms, or infringement by you, or any third party using your account or identity in the Platform, of any intellectual property or other right of any person or entity. Buzztime reserves the right to assume exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the provision or use of the Platform must be filed within one (1) year after such claim or cause of action arose, or be forever waived and barred.

26. Governing law and jurisdiction

You agree that these Terms shall be governed by the laws of the State of California, without regard to conflict of law provisions. You agree that, subject to the mandatory arbitration provisions provided below, any dispute arising from or relating to the subject matter of these Terms that is outside of the scope of or not otherwise covered by the mandatory arbitration provisions set forth below can be litigated only in the federal or state courts in San Diego County, California, USA, and you agree to personal jurisdiction in those courts.

Nothing in these Terms limits your right to bring a complaint about a cash contest to the New Hampshire Lottery Commission, or limits the Commission's authority over the Operator's registration under RSA 287-H.

27. Mandatory arbitration and class action waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

You and Buzztime agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.

This section is intended to be interpreted broadly and governs any and all disputes between us including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; claims that arose before these Terms or any prior agreement (including, but not limited to, claims related to advertising); and claims that may arise after the termination of these Terms. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small claims court claims, as provided below.

By agreeing to these Terms, you agree to resolve any and all disputes with Buzztime as follows:

Initial dispute resolution

Most disputes can be resolved without resorting to litigation. You can reach Buzztime's support department at customersupport@buzztime.com. Disputes about the result of a specific contest follow the dispute window in the Contest Rules first. Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with the Buzztime support department, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.

Binding arbitration

If the parties do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision 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 the Terms of Service, Privacy Policy, or Contest Rules' formation, performance, and breach), the parties' relationship with each other, and/or your use of the Platform shall be finally settled by binding arbitration administered by JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions.

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 is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

To start an arbitration, you must do the following: (a) Write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.jamsadr.com); (b) Send three copies of the Demand for Arbitration, plus the appropriate filing fee, to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, California 94111; and (c) Send one copy of the Demand for Arbitration to us at eGames.com Holdings, LLC, 6965 El Camino Real, Suite 105 #517, Carlsbad, CA 92009.

To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Buzztime will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, Buzztime will pay the fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys' fees unless the arbitration rules and/or applicable law provide otherwise.

The parties understand that, absent this mandatory arbitration 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.

If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing. For residents outside the United States, arbitration shall be initiated in the State of California, United States of America, and you and Buzztime agree to submit to the personal jurisdiction of any federal or state court in San Diego County, California in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

Class action waiver

The parties further agree that the 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 BUZZTIME 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 any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Exception: litigation of intellectual property and small claims court claims

Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations, or claims arising from or relating to theft, piracy, or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office 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 seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.

Regulatory complaints

Nothing in this Section prevents you from bringing a complaint regarding a cash contest to the New Hampshire Lottery Commission, or prevents the Commission from exercising its authority under RSA 287-H.

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 (from the email address you use on the Platform) written notice of your decision to opt out to legal@buzztime.com with the subject line, "ARBITRATION AND CLASS ACTION WAIVER OPT-OUT." The notice must be sent within thirty (30) days of the effective date of these Terms for existing users or within thirty (30) days of your first use of the Platform for new users. Otherwise, you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt out of these arbitration provisions, Buzztime also will not be bound by them.

Changes to this Section

Buzztime will provide sixty (60) days' notice of any changes to this Section by posting on the Platform. Changes will become effective on the 60th day, and will apply prospectively only to any claims arising after the 60th day. If a court or arbitrator decides that this subsection on "Changes to this Section" is not enforceable or valid, then this subsection shall be severed from the Section entitled Mandatory Arbitration and Class Action Waiver, and the court or arbitrator shall apply the first Mandatory Arbitration and Class Action Waiver Section in existence after you began using the Platform.

Survival

This Mandatory Arbitration and Class Action Waiver Section shall survive any termination of your use of the Platform.

28. Modification of these Terms

Except in regards to the mandatory arbitration and class action waiver provision in these Terms, we reserve the right, in our sole discretion, to modify or replace any of these Terms, or change, suspend, or discontinue the Platform (including without limitation the availability of any feature, contest type, or content) at any time by posting a notice on the Platform or by sending you notice through the Platform, via email, or by another appropriate means of electronic communication. We may also impose limits on certain features and restrict your access to parts or all of the Platform without notice or liability.

Changes to the cash-contest provisions of these Terms (Sections 2–12) and to the Contest Rules apply prospectively, to contests opened after publication; material changes take effect no earlier than [N] days after notice, except changes required by law or by the New Hampshire Lottery Commission, which take effect as required. Prizes, payout tables, and entry limits of a contest that has already opened are never changed (RSA 287-H:3, V).

While we will timely provide notice of modifications, it is also your responsibility to check these Terms periodically for changes. Your continued use of the Platform following notification of any changes to these Terms constitutes acceptance of those changes, which will apply to your continued use of the Platform going forward. Your use of the Platform is subject to the Terms in effect at the time of such use. The version of these Terms you accepted at registration is recorded with your account.

29. Mobile device and application terms

In the event you are accessing the Platform via a Buzztime mobile application on a device provided by Apple, Inc. or a Buzztime app obtained through the Apple App Store or Google Play (in either case, an "application"), the following shall apply:

  • Both you and Buzztime acknowledge that these Terms are between you and Buzztime only, and not with Apple or Google, and that Apple and Google are not responsible for any applications or the Platform.
  • The application is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Platform for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Platform.
  • You will only use the application in connection with a device that you own or control.
  • You acknowledge and agree that Apple or Google has no obligation whatsoever to furnish any maintenance and support services with respect to the application.
  • In the event of any failure of the application to conform to any applicable warranty, including those implied by law, you may notify Apple or Google of such failure; upon notification, Apple's and Google's sole warranty obligation to you will be to refund to you the purchase price, if any, of the application.
  • You acknowledge and agree that Buzztime, and not Apple or Google, is responsible for addressing any claims you or any third party may have in relation to the application.
  • You acknowledge and agree that, in the event of any third-party claim that the application or your possession and use of the application infringes that third party's intellectual property rights, Buzztime, and not Apple or Google, will be responsible for the investigation, defense, settlement, and discharge of any such infringement claim.
  • You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
  • Both you and Buzztime acknowledge and agree that, in your use of the application, you will comply with any applicable third-party terms which may affect or be affected by such use.
  • Both you and Buzztime acknowledge and agree that Apple, Google, and all of those companies' subsidiaries are third-party beneficiaries of these terms, and that upon your acceptance of these terms, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce these terms against you as the third-party beneficiary hereof.

30. General

You agree these Terms, together with the Privacy Policy and the Contest Rules, constitute the entire agreement between you and Buzztime and govern your use of the Platform, superseding any prior agreements between you and Buzztime regarding the Platform. If any provision of these Terms is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of the Terms will remain in force. The failure of Buzztime to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Buzztime shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation, or the postponement or cancellation of the sporting events on which contests are based (which the Contest Rules address).

These Terms are personal to you, and are not assignable, transferable, or sublicensable by you except with our prior written consent. We may assign, transfer, or delegate any of our rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect. No modification of or addition to these Terms shall be effective unless in writing and signed by an executive officer of Buzztime.

Except as expressly set forth herein, all notices must be sent to the following address:

31. Contact us

Support: customersupport@buzztime.com

Via Certified Mail: eGames.com Holdings, LLC, Attn: Legal Dept. (Terms of Service), 6965 El Camino Real, Suite 105 #517, Carlsbad, CA 92009

Via Email: legal@buzztime.com, Subject: Terms of Service