Is Kountermove legal? || Terms of Service
According to a 2015 study, fantasy sports is played by over 57 million people in the U.S. and Canada. It's estimated that 20% of the U.S population plays some form of fantasy sports.
It's also estimated that fantasy sports reached a $3-4 billion annual economic impact across the sports industry.
Studies by the Fantasy Sports Trade Association (of which Kountermove is a member) have estimated that around 73% of fantasy sports players play paid fantasy games (i.e., fantasy games of skill with an entry fee).
The laws relating to fantasy sports can vary by state, however, in the vast majority of states fantasy sports is considered a game of skill and therefore legal. In most states a game of skill is classified as a game where skill is the predominant factor in determining the winner.
In 2006, the U.S. Federal Government passed a law titled the Unlawful Internet Gambling Enforcement Act, which was designed to prevent gambling over the internet. The act included a carve-out that clarified the legality of fantasy sports. Specifically, it exempted: "participation in any fantasy or simulation sports game or educational game or contest in which (if the game or contest involves a team or teams) no fantasy or simulation team is based on the current membership of an actual team that is a member of an amateur or professional sports organization and meets the following conditions:
1. All prizes and awards offered to winning participants are established and made known to the participants in advance of the game or contest and their value is not determined by the number of participants or the amount of any fees paid by participants.
2. All winning outcomes reflect the relative knowledge and skill of the participants and are determined predominantly by accumulated statistical results of the performance of individuals (athletes in the case of sports events) in multiple real-world sporting or other events.
3. No winning outcome is based: a. On the score, point spread, or any performance or performances of any single real world team or any combination of such teams; or b. Solely on any single performance of an individual athlete in any single real-world sporting or other event.
Single day draft games like Kountermove are a new variant of fantasy sports having only started to appear in the last couple of years. Major networks such as NBC, CBS, Yahoo, Comcast and Fox have launched their own versions of daily draft fantasy sports games. Kountermove takes the legal status of the games it offers very seriously and does its utmost to ensure compliance with existing State and Federal laws. If you have any further concerns about the legality of our games please get in touch.
Kountermove is a member of the Fantasy Sports Trade Association (FSTA).
TERMS OF SERVICE
Last Updated October 8, 2015.
Welcome to Kountermove.com. Kountermove, Inc. ("Kountermove") provides website services to you subject to the following conditions. If you visit, interact with, or enter games at Kountermove.com, then you thereby accept the terms and conditions contained in this Terms of Service Agreement (“TOS”), which is a binding contract between you and Kountermove. Please read them carefully.
When you visit Kountermove.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. 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.
LICENSE AND SITE ACCESS
Kountermove grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Kountermove. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another service; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Kountermove. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Kountermove without express written consent. You may not use any meta tags or any other "hidden text" utilizing Kountermove's name or trademarks without the express written consent of Kountermove. Any unauthorized use terminates the permission or license granted by Kountermove.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Kountermove does sell services for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18 (19 in Alabama and Nebraska), you may not use Kountermove.com. Kountermove reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
GAMES, SCORING, ELIGIBILITY TERMS
You hereby represent and warrant that you are a natural person (corporate entities and similar organizations are not eligible to use the Kountermove for any purpose) and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these terms and to abide by and comply with these terms.
Kountermove, in its sole discretion, may disqualify any entrant from the service, refuse to award fantasy points or prizes and require the return of any prizes, if entrant engages in conduct Kountermove deems to be improper, unfair or otherwise adverse to the operation of the service or in any way detrimental to other entrants. Improper conduct includes, but is not limited to: falsifying personal information required to use the service or claim a prize; violating any of these rules, accumulating points or prizes through unauthorized methods such as automated scripts or other automated means; tampering with the administration of the service or trying to in any way tamper with the computer programs associated with this service; obtaining other entrants information and spamming other entrants; and abusing the Kountermove website in any way. You further acknowledge that the forfeiture and/or return of any prize shall in no way prevent Kountermove from pursuing criminal or civil proceedings in connection with such conduct. Further this service MAY NOT BE USED FOR ANY FORM OF GAMBLING.
In order to deposit money to play paid entry games you must be able to represent and warrant that:
i) you are of 18 (19 in Alabama and Nebraska) years of age or older
ii) you are a citizen or resident of the United States of America or Canada and that you have an address in the United States of America or Canada;
iii) you are physically located in the United States of America or Canada and reside in a jurisdiction in which participation in any contest you choose to participate in is not prohibited by applicable law;
vi) you are not a resident of, or located within, any of the following states: Arizona, Iowa, Louisiana, Montana, New York, Nevada and Washington; and
vii) 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.
Kountermove 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 accumulate the most fantasy points. Fantasy points are accumulated through the performance of individual athletes.
Each for fee Kountermove 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 Kountermove account. Then, follow the links and instructions provided for entry. 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, the name in which the email address on file was registered with the email service provider.
After each contest ends, prizes are awarded by 10 AM ET the following day. The player in each contest who accumulates the most fantasy points will win a prize as set out in the Game Details section of that game. Prizes are added to the winning team's account balance. In the event of a tie, the prize is divided evenly between the tied players.
Winners are generally posted on the Kountermove website 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 and appropriate tax forms. 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 early January each year all winners who have won $600 or more (net of all entry fees) over the previous year will be contacted to provide address and social security details. These details will be used to file a 1099-MISC with the Internal Revenue Service.
We frequently offer bonuses to newly depositing users, for referring other users and for other marketing purposes. These bonuses are for entry into competitions on Kountermove and can only be withdrawn if they have been previously entered into at least one game. 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, Kountermove reserves the right to retract user bonuses.
ALL STATISTICS AND OTHER INFORMATION PROVIDED THROUGH KOUNTERMOVE ARE UNOFFICIAL. Kountermove is offered for informational and/or entertainment purposes only. While we and our statistics providers use reasonable efforts to include accurate and up-to-date information, neither Kountermove nor its third party providers warrant or make any representations of any kind with respect to the information provided to you through Kountermove. Kountermove and its third party providers shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via Kountermove, and shall not be responsible or liable for any error or omissions in that information.
Kountermove is for entertainment purposes only and may not be used in connection with any form of gambling or wagering.
ELIGIBILITY: Kountermove employees and any other persons connected to the Kountermove website who have access to any non-public or confidential Kountermove data (such employees or persons, "Kountermove Contacts") are prohibited from participating in daily 'combat sports' fantasy contests (i.e., any sports offered on the Kountermove website) on competitors' websites for cash prizes. Furthermore, Kountermove Contacts may not share any non-public confidential information (such as win rates for users or percent drafted of a fighter or other competitor) to anyone outside of Kountermove. Kountermove Contacts may use the Kountermove website only for the purpose of monitoring contests and player conduct, systems and apps testing, providing customer service to third-party players, and other commercially reasonable business purposes, and under no circumstances whatsoever may such persons or anyone connected to them ever withdraw money or prizes.
Kountermove consultants, suppliers, spokespeople, and promoters may play in contests without such limitation, but only if (i) their arrangement with Kountermove does not permit them to have any access to non-public Kountermove data or any other data not made available to all Kountermove players and (ii) they do not receive any other advantages in their play on the Kountermove website via their connection to Kountermove. Combat sports athletes, referees, promotion employees, sports commissioners and other individuals who through an ownership interest or promotion-related employment can influence the fights are likewise ineligible to play Kountermove contests.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY KOUNTERMOVE ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. KOUNTERMOVE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, KOUNTERMOVE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KOUNTERMOVE DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM KOUNTERMOVE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KOUNTERMOVE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT KOUNTERMOVE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS. THE LIMITATIONS ON KOUNTERMOVE’S LIABILITY TO YOU IN THIS PARAGRAPH SHALL APPLY WHETHER OR NOT KOUNTERMOVE HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
Any dispute or claim relating in any way to your visit to Kountermove.com or to products or services sold or distributed by Kountermove or through Kountermove.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Kountermove will not to seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By visiting Kountermove.com, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Kountermove.
Last updated August 12, 2015
Information we collect and how we use it.
We may collect the following types of information:
Information you provide – When you sign up for a Kountermove Account and/or entry a Kountermove game, we ask you for certain personal information.
Log information – When you access Kountermove services via a browser, application or other client our servers automatically record certain information. These server logs may include information such as your web request, your interaction with a service, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser or your account.
User communications – When you send email or other communications to Kountermove, we may retain those communications in order to process your inquiries, respond to your requests and improve our services. We may use your email address to communicate with you about our services.
In addition to the above, we may use the information we collect to:
Provide, maintain, protect, and improve our services (including advertising services) and develop new services; and
Protect the rights or property of Kountermove or our users.
If we use this information in a manner different than the purpose for which it was collected, then we will ask for your consent prior to such use.
Kountermove processes personal information on our servers in the United States of America and in other countries. In some cases, we process personal information outside your own country.
You can use your account settings the information stored in your Kountermove Account.
Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some Kountermove features and services may not function properly if your cookies are disabled.
Kountermove only shares personal information with other companies or individuals outside of Kountermove in the following limited circumstances:
We have your consent. We require opt-in consent for the sharing of any sensitive personal information.
We have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce applicable Terms of Service, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against harm to the rights, property or safety of Kountermove, its users or the public as required or permitted by law.
We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to systems where we store personal data.
We restrict access to personal information to Kountermove employees, contractors and agents who need to know that information in order to process it on our behalf. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.
Accessing and updating personal information
When you use Kountermove services, we make good faith efforts to provide you with access to your personal information and either to correct this data if it is inaccurate or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes. We ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes), or for which access is not otherwise required. In any case where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort. Because of the way we maintain certain services, after you delete your information, residual copies may take a period of time before they are deleted from our active servers and may remain in our backup systems.