YAHOO SPORTS REWARDS PROGRAM TERMS & CONDITIONS
IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED BELOW.
ACCEPTANCE OF REWARDS TERMS
These Yahoo Sports Rewards Program Terms & Conditions (“Rewards Terms”) set forth terms and conditions for a Yahoo Sports Rewards Program (“Program”) offered in connection with the Yahoo Sports service, including content, fantasy games and contests and other user activities offered on that service (collectively, “Yahoo Sports”). These Rewards Terms are additional to, and incorporated by reference into the Yahoo Sports Paid Fantasy Terms of Service located at https://www.legal.yahoo.com/us/en/yahoo/terms/product-atos/paidfantasy/index.html (“Paid Fantasy TOS”) and any additional Terms of Service that apply to Yahoo Sports or certain components of Yahoo Sports. (As used herein, “Yahoo” shall refer to Oath Holdings Inc. and its affiliates.)
Your use, or continued use, of the Program constitutes acceptance of these Rewards Terms. Do not use the Program if you do not wish to be bound by these Rewards Terms. Yahoo may update and change these Rewards Terms at any time without notice to you; your access to and/or use of the Program after any such change means you accept such change.
A. Overview of the Rewards Program
1. Introduction. The Program is a loyalty program sponsored by Yahoo. Through promotional and loyalty offers (“Rewards Offers”) the Program will offer individuals the opportunity to earn and accumulate reward points (“Points”), Site Credit as described in Section E, and/or receive other rewards by performing various activities in or related to content, fantasy games, and other activities offered on Yahoo Sports and to use such rewards as set forth herein. Such Rewards Offers will be subject to the Rewards Terms as specified herein and/or additional Rewards Offer terms and conditions.
2. Eligibility and Enrollment.
- The Program is open to all individuals who have a Yahoo ID (and thus have a Yahoo account) and are in compliance with the Yahoo Terms of Service (https://www.legal.yahoo.com/us/en/yahoo/terms/otos/index.html). You will be automatically enrolled in the Program once you log-in to Yahoo Sports (including Yahoo Fantasy) using your Yahoo account and complete your first point-earning activity. Any person whose Yahoo account has been terminated or suspended by Yahoo is NOT eligible to participate.
- Limit one (1) Program account per person. You cannot have more than one Program account, even if you have multiple Yahoo accounts. Yahoo may, at any time, require you to verify your name and address by means of faxing, emailing, or mailing to Yahoo a copy of your driver's license or other form of identification approved by Yahoo, in addition to providing Yahoo with a signed statement of legitimacy or by completing an online verification process designated by Yahoo; and Yahoo may automatically require such verification in the case of multiple accounts from the same address, household, computer or IP address. If you attempt to participate in the Program using more than one Yahoo account, all Points in your Program account(s) may be forfeited, and Yahoo may, at its sole discretion, terminate your Program account(s) and permanently ban you from participating in the Program.
- Officers, directors and employees of Yahoo and its parent, subsidiaries, divisions and affiliates may participate in the Program but may not be allowed to redeem Points for certain rewards and may otherwise be subject to restrictions that do not generally apply to how Points are earned or used.
- The Program is provided to individuals only. Corporations, associations, or other groups may not participate in the Program. It will be considered fraudulent for any individual, company, club, association or group to use or to direct, encourage, or allow other persons to use a single Program account for the purpose of accumulating or aggregating Points for combined use, unless such use is expressly permitted by Yahoo.
- To earn or use Points through specific components of Yahoo Sports (such as fantasy games and contests) that have additional eligibility requirements, you must meet such requirements posted in addition to any relevant additional Terms of Service (including the Paid Fantasy TOS). Additional or different eligibility criteria may apply to certain opportunities to earn or use Points and other opportunities made by the Program or its business partners.
- Company reserves the right to limit the number of individuals in the Program.
B. Earning and Redeeming Points
1. There are many ways to earn Points in the Program. You can earn Points in the Program by engaging in certain activities on or in connection with Yahoo Sports, for example, by entering paid fantasy sports contests, referring a friend, or by entering promotional codes offered by Yahoo from time to time when depositing funds. For more information on how Points may be earned, please see the Yahoo Sports Rewards Points Help Page (“Help Page”) available at https://help.yahoo.com/kb/SLN27849.html.
2. Yahoo may also offer different ways to redeem or use Points, such as to enter paid fantasy contests using Points, or to receive merchandise, services, virtual items, or other rewards (collectively, “Rewards”). For more information on how Points may be used and available Rewards, please see the Help Page available at https://help.yahoo.com/kb/SLN27849.html.
3. At any time and without notice, Yahoo may change, remove, or offer new ways to earn and use your Points, so please review the Help Page available at https://help.yahoo.com/kb/SLN27849.html periodically for updates. Yahoo reserves the right in its sole discretion and at any time, without notice: (i) to add, remove or change the number of Points awarded for actions; (ii) to remove any or all means to earn Points, to limit the number of times you may earn Points for engaging in specified activities, and to limit the total number of Points that can be earned by you for a period of time or in total; and/or (iii) to add, change or modify the Rewards that may be obtained by redeeming Points, the number of Points needed to redeem any Reward, and/or the number of Points needed to enter into certain paid fantasy sports contests.
4. Your Points will be recorded and tracked in your account. It may take up to 48 hours after completing qualifying activities for applicable Points earned to be noted in your account. Yahoo reserves the right in its sole discretion to award Points at a later date if additional time is needed for any reason.
5. Point balances, as reflected in Yahoo’s records, shall be deemed correct and Yahoo reserves the right to correct or modify your Point balance at any time based on Yahoo’s records and calculation of account information. If you believe an error has been made in the calculation of your Points or that Points were not properly accrued to your account, you must contact Customer Care within 15 days of the day of the date when the Point-earning activity occurred. You can do so by completing the online form available here https://io.help.yahoo.com/contact/index?page=home&locale=en_US&y=PROD_SPORTS_REWARDS_POINTS.
6. Yahoo’s decisions regarding the awarding of Points are final and binding. Earned Points that are subsequently determined to be invalid for any reason are subject to disqualification and will be removed from your account.
7. By collecting Points and/or redeeming any virtual Rewards, you have obtained a limited license to a digital product. Points and/or Rewards are issued exclusively for loyalty, award, or promotional purposes, and no fees are associated with Points and/or Rewards. Points and/or Rewards have no cash value, are non-negotiable, and cannot be redeemed either in whole or in part for cash. Points and/or Rewards do not constitute property of any Program account holder or other person and may not be brokered, bartered, attached, pledged, assigned, gifted, sold or otherwise transferred for or without consideration. Points and Rewards are not transferable upon death, as part of a domestic relations matter, or otherwise by operation of law. Any receipt or use of Points and/or Rewards in violation of these Rewards Terms will render them void and will result in your disqualification from the Program and forfeiture of all Points and/or Rewards in your Program account. Points from multiple accounts may not be aggregated and are not capable of being combined or transferred. Yahoo reserves the right to take any other or additional action it deems appropriate in its sole discretion in the event that Yahoo believes, in its sole discretion, that you or other users have violated this provision. In the event this Program is terminated, this Section shall survive in accordance with its terms.
8. Among other Rewards, Yahoo may offer you the opportunity to use Points to enter fantasy contests on Yahoo Sports. When available, you will see an option to “Enter With Rewards Points” (or similar language) rather than entering with actual funds to enter a fantasy contest, and that option will designate the number of Points required to enter such contest. (This option will not appear if you do not have sufficient Points in your account to enter the specific fantasy contest. You may not use Points to partially cover a fantasy contest entry fee). Once you click to enter a fantasy contest using your Points, the designated number of Points will be deducted from your account. If you use Points to enter a fantasy contest but then later cancel your entry before the fantasy contest has begun or the contest or activity is otherwise cancelled, your account will only be refunded the Points used to enter that contest; under no circumstances can you request or receive (as a refund) the monetary amount of the contest’s entry fee for the Points used to enter the contest. Please allow 48 hours for any refund of Points to be credited to your account.
C. Point Expiration
1. Unless as expressly provided herein, if your account does not reflect any Points-earning or Points-redeeming activity for a period of two (2) years, all Points in your account at such time will automatically expire. You cannot recover expired Points even if you later engage in activities that earn new Points.
2. Certain Points may expire at earlier dates (i.e., before the two (2) year period is over) pursuant to an expiration period that is specified: (a) in these Rewards Terms; (b) on a webpage or screen for the Program; (c) in promotional materials, certificates, credits or another format at Yahoo’s sole discretion; or (d) in a form chosen by Yahoo in its sole discretion at the time the Points are issued. By way of example only, Yahoo may issue Points to all or a select number of individuals as a promotion and set a period of time (e.g., thirty (30) days) from the date of issuance within which you must engage in a particular activity (e.g., enter a paid fantasy contest) or the Points will expire and be removed from your Program account.
3. From time to time, Yahoo may issue promotional offers that allow you to open a link to obtain Points. Such offers may be valid for a limited period of time as set by Yahoo. Once the promotional offer link is opened, Points obtained from the link may be set to expire after a period of time set by Yahoo. By way of example only, Yahoo may send you a promotional offer with a link that is only valid for seven (7) days after being sent to you. If you open the link during the valid period, the Points obtained through the link may further be set to expire fourteen (14) days from the date the link was opened. Offer and Point expirations will be communicated to you as applicable and in a form chosen by Yahoo in its sole discretion.
4. If you have any questions about if or when your Points will expire, please contact Customer Care by completing the online form available here https://io.help.yahoo.com/contact/index?page=home&locale=en_US&y=PROD_SPORTS_REWARDS_POINTS.
5. Yahoo reserves the right in its sole discretion, at any time during the duration of the Program and without prior notice, to change when Points expire, the Point inactivity period, and the dormancy period for account suspension and/or termination.
D. Modifications and Termination
1. Yahoo reserves the right to modify any of the Rewards Terms set forth herein - including, but not limited to, aspects of the Program; methods by which you can earn Points; the amount of Points earned for each type of activity or qualifying activity; methods by which you can use Points and Rewards offered; the number of Points that earned or used through the Program (including during any time period); and any of the options made available to you with respect to your account - at any time, even though these changes may affect your ability to earn, accrue, redeem and/or use Points.
2. The Program has no predetermined termination date and may continue until such time as Yahoo elects to designate a program termination date. Yahoo reserves the right to terminate the Program, in whole or in part, at any time, for any reason, with or without notice, even though termination may affect your ability to accrue Points, use already-earned Points, redeem Rewards or use already-redeemed Rewards. All Points achieved by you will no longer be usable in the Program after the effective date of termination.
3. Yahoo reserves the right to reject, revoke, cancel or suspend your Program account, Rewards, and/or any and all unredeemed Points, or take any other action at its discretion, at any time with immediate effect and without written notice or liability to you, if Yahoo believes: (a) you have (1) violated any of these Rewards Terms, the Paid Fantasy TOS, or any additional Terms of Service that apply to Yahoo Sports or certain components of Yahoo Sports; (2) acted in a manner inconsistent with applicable law, regulations or ordinances; (3) engaged in any misconduct or wrongdoing in connection with the Program; or (4) engaged in any abusive, fraudulent, inappropriate, or hostile conduct in connection with the Program, or Yahoo or its users or employees; or (b) Yahoo’s provision of the Program and/or any associated benefits (including but not limited to Points and Rewards) to you may violate any applicable laws to which Yahoo is subject from time to time. If you are not eligible to participate, you are prohibited from participating in the Program. Nothing contained in these Rewards Terms shall limit Yahoo in its exercise of any legal or equitable rights or remedies.
4. In addition, Yahoo reserves the right, in its sole discretion and without notice, to terminate your participation in the Program for any reason, with or without cause. All accrued Points will be lost if your Program account is terminated.
5. Yahoo may provide you with notices, including notices regarding changes to these Rewards Terms, by, but not limited to, postings on this page or any successor page, email, regular mail, text message or SMS, MMS, push notification or in-app message, telephone, or other reasonable means now known or hereafter developed. You consent to receive these notices by any and all of the foregoing means. Your continued participation in the Program constitutes your acceptance of any changes to these Rewards Terms. You are responsible for remaining knowledgeable as to any changes that Yahoo may make to these Rewards Terms.
E. Site Credit
1. Earning Site Credit. From time to time, individuals may be offered the opportunity to earn Yahoo Sports Site Credit (“Site Credit” or “Credit”). Site Credit is promotional in nature and may have shorter expiration dates and different/additional rules, as shown in (a) the promotional offer that accompanies the offer or award of Site Credit; (b) on a webpage or screen for the Program; (c) in promotional materials, certificates, credits or another format at Yahoo’s sole discretion; or (d) in a form chosen by Yahoo in its sole discretion at the time the Site Credit is issued. Site Credit is also subject to the terms and conditions applicable to Points as described in these Rewards Terms, unless otherwise specified herein. Offers of Site Credit may be valid for a limited period of time as set by Yahoo. Offer and Site Credit expirations will be communicated to you as applicable and in a form chosen by Yahoo in its sole discretion. Site Credit may be earned by entering promotional codes offered by Yahoo from time to time. Yahoo, in its sole discretion, may offer additional ways to earn Site Credit, including but not limited to, by referring a friend, creating an account (for new users), or as an award for free entry contests. Information on how to earn Site Credit and related rules will be provided in connection with the promotional offer that accompanies the offer of Site Credit. For more information on the ways you may earn Site Credit, please see the Help Page available at https://help.yahoo.com/kb/SLN35947.html. Yahoo reserves the right to issue, or not to issue, Site Credit in its sole discretion.
2. Using Site Credit. Site Credit may be used for the sole purpose of entering fantasy sports contests on Yahoo Sports. When available, your Site Credit balance, if any, will automatically be used the next time you enter into an eligible paid fantasy sports contest to offset the cost of the paid entry contest and will be applied prior to any option to use Points or cash. Once you click to enter a fantasy contest, the Site Credit will be deducted from your Site Credit balance and applied to the entry fee. If the entry fee for the applicable paid fantasy sports contest exceeds the amount of the Site Credit, you will be responsible for the remaining balance of the entry fee. For example, if you have $5 in site credit and choose to enter an eligible paid fantasy sports contest with an entry of $5.00, your entry cost would be $0.00 and your Site Credit balance would be reduced to zero. If the entry fee were $10.00, your entry cost would be $5.00, and your Site Credit balance would be reduced to zero. If the entry fee were $1.00, your entry cost would be $0.00 and your Site Credit balance would be reduced to $4.00.
3. Expiration of Site Credit.
- Unless otherwise stated herein or in the terms of a promotional offer or other method of earning Site Credit, your entire Site Credit balance will expire after 7 days (the “Balance Activity Period”) of Site Credit Inactivity. “Site Credit Inactivity” is defined as a period of time in which you have not engaged in any Site Credit Activity. “Site Credit Activity” is defined as using Site Credit (such as by entering an eligible paid fantasy sports contest using any amount of Site Credit) or obtaining Site Credit (such as by redeeming a promotional code). In other words, unless otherwise stated in the promotional offer, your entire Site Credit balance will expire if you do not use or obtain new Site Credit within the Balance Activity Period (e.g., 7 days). New Site Credit Activity will extend the expiration of the entire Site Credit balance by an additional Balance Activity Period (e.g, 7 days). You cannot recover expired Site Credit even if you later engage in activities that earn new Site Credit.
- For example, if you obtain a $10 Site Credit and do not use any Site Credit (such as by entering an eligible paid fantasy sports contests) and do not earn any new Site Credit for a period of 7 days, your Site Credit balance will expire unless otherwise stated in the promotional offer. However, if you obtain new Site Credit or use any amount of your Site Credit balance within 7 days, the inactivity period will reset, and you will have 7 more days to use or obtain Site Credit before your Credit balance will expire. You can view when your Site Credit Balance will expire in your Yahoo Fantasy Wallet.
- By way of an additional example, if you obtain $10 Site Credit on September 1, and expiration is 7 days, then use $5 of Site Credit on September 5, the remaining $5 in Site Credit will expire on Sept 12. If you obtain an additional $10 Site Credit from a different promotion on Sept 10th with 7 days expiration, the existing $5 +$10 would expire on September 19.
- The Balance Activity Period will be initially 7 days but may be changed from time to time by Yahoo without notice. Please check the Help Page available at https://help.yahoo.com/kb/SLN35947.html for the current Balance Activity Period.
- Certain Site Credits may expire at later dates than the Balance Activity Period pursuant to an expiration period that is specified: (a) in these Rewards Terms; (b) on a webpage or screen for the Program; (c) in promotional materials, certificates, credits or another format at Yahoo’s sole discretion; or (d) in a form chosen by Yahoo in its sole discretion at the time the Site Credits are issued. By way of example only, Yahoo may issue Site Credit to all or a select number of individuals as a promotion and set a period of time (e.g., thirty (30) days) from the date of issuance within which you must engage in a particular activity (e.g., enter a paid fantasy contest) or the Site Credit will expire and be removed from your Program account. When a specific Site Credit offer expires later than the Balance Activity Period, your entire Site Credit balance expiration date reflected in your Yahoo Fantasy Wallet will be the later expiration date.
- If you have any questions about if or when your Site Credits will expire, please contact Customer Care by completing the online form available here https://io.help.yahoo.com/contact/index?page=home&locale=en_US&y=PROD_SPORTS_REWARDS_POINTS.
4. Your current Site Credit balance and Site Credit balance expiration date can be viewed at any time in your Yahoo Fantasy Wallet. It may take up to 48 hours for changes to be noted after any Site Credit award or usage in your Yahoo Fantasy Wallet. Site Credit balances, as reflected in Yahoo’s records, shall be deemed correct and Yahoo reserves the right to correct or modify your Site Credit balance at any time based on Yahoo’s records and calculation of account information. If you believe an error has been made in the calculation of your Site Credit or that Site Credit were not properly accrued to your account, you must contact Customer Care within 15 days of the day of the date when the Site Credit-earning activity occurred. You can do so by completing the online form available here https://io.help.yahoo.com/contact/index?page=home&locale=en_US&y=PROD_SPORTS_REWARDS_POINTS.
5. If you use Site Credit to enter a fantasy contest but then later cancel your entry before the fantasy contest has begun or the contest or activity is otherwise cancelled, your account will only be refunded the Site Credit used to enter that contest; under no circumstances can you request or receive (as a refund) the monetary amount of the contest’s entry fee for the Site Credit used to enter the contest. Please allow 48 hours for any refund of Site Credit to be credited to your account.
6. Yahoo’s decisions regarding the awarding of Site Credit is final and binding. Site Credit that is subsequently determined to be invalid for any reason are subject to disqualification and will be removed from your Yahoo Fantasy Wallet.
7. Site Credit provides a limited license to a digital product; it has no cash value, is non-negotiable, and cannot be redeemed either in whole or in part for cash. There are no fees associated with Site Credit Activity or Inactivity. Site Credit is issued purely for promotional purposes and does not constitute property of any Program account holder or other person, and it may not be brokered, bartered, attached, pledged, assigned, gifted, sold or otherwise transferred for or without consideration. Any receipt or use of Site Credit in violation of these Rewards Terms will render them void.
8. Yahoo reserves the right in its sole discretion, at any time during the duration of the Program and without prior notice, to change when Site Credit expires, to terminate or modify any Site Credit Rewards Offer, or modify or cancel the practice of offering Site Credit altogether.
F. General Terms
1. Limitation of Liability. Yahoo and its subsidiaries, affiliates, directors, officers, employees, agents, partners and licensors (“Yahoo Entities”) are not responsible for incorrect or inaccurate transcription of information, for problems related to any of the equipment or programming associated with the Program or utilized by you, for any human error, for any interruption, deletion, omission, defect, or line failure of any telephone network or electronic transmission, for problems relating to computer equipment, software, inability to access or use Yahoo Sports, your account or Points recorded in such account, or for any other technical or non-technical error or malfunction. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE YAHOO ENTITIES OR ANY OTHER COMPANIES OR PERSON INVOLVED IN THE DEVELOPMENT OR EXECUTION OF THE PROGRAM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM, OR POINTS OR REWARDS OFFERED THROUGH THE PROGRAM, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The Yahoo Entities are not responsible for any products or services offered by third parties. TO THE FULLEST EXTENT ALLOWABLE BY LAW, THE YAHOO ENTITIES SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING REWARDS, PRODUCTS AND/OR SERVICES OFFERED BY ANY THIRD PARTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU. In New Jersey, nothing in these Rewards Terms shall limit or exclude the Yahoo Entities’ liability for intentional torts, willful acts, gross negligence, or violation of a statutorily imposed duty.
2. Fraud and Abuse. Yahoo reserves the right to discontinue the participation privileges for any person who engages in any fraudulent activity or uses the Program in a manner inconsistent with these Rewards Terms or any federal, municipal, provincial, state or local, laws, statutes or ordinances. Discontinued participation privileges may result in the loss of all accumulated Points. Any attempt to deliberately damage or undermine the legitimate operation of the Program or Yahoo Sports may be a violation of criminal and civil laws. Yahoo reserves the right to seek all remedies, whether available at law or at equity, criminal or civil, in the event you defraud or abuse the Program, fail to follow any of these Rewards Terms, or make any misrepresentations to Yahoo.
3. Taxes. Any and all applicable federal, state, provincial, and local taxes and all fees and expenses related to acceptance and use of points, offers, and Rewards not specifically stated herein are solely your responsibility.
4. Inaccurate Information. Yahoo is not responsible for any incorrect or inaccurate information supplied by you while participating in the Program.
5. Questions. All questions or disputes regarding eligibility for the Program, earning or redemption of Points, or your compliance with these Rewards Terms will be resolved by Yahoo, in its sole discretion.
6. Assignment. Yahoo may freely assign these Rewards Terms, including all of the policies and other documents incorporated or referenced in it (including all rights, licenses, and obligations under it or them), in whole or in part and without notice, for any reason, including for the purpose of internal restructuring (for example, mergers or liquidations).
7. Disputes/Governing Law.
BY PARTICIPATING IN THE PROGRAM, ALL PROGRAM PARTICIPANTS AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROGRAM, OR ANY POINTS OR REWARDS OFFERED THROUGH THE PROGRAM, AND ARISING OUT OF OR CONNECTED TO THESE REWARDS TERMS WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH BELOW, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) AND ATTORNEYS' FEES WILL NOT BE AWARDED OR RECOVERABLE IN ARBITRATION UNLESS THE ARBITRATOR DETERMINES THE CLAIMS ARE FRIVOLOUS; (3) UNDER NO CIRCUMSTANCES WILL ANY PROGRAM PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PROGRAM PARTICIPANTS HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES (OTHER THAN ACTUAL OUT OF POCKET EXPENSES), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) PROGRAM PARTICIPANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY), AND PROGRAM PARTICIPANTS IRREVOCABLY WAIVE ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY PROGRAM PARTICIPANT. In New Jersey, the Arbitration Provision shall not limit or exclude Program Participants’ right to recover damages for intentional torts, willful acts, gross negligence, violation of a statutorily imposed duty, or treble damages or attorney’s fees as allowed by statute.
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 Care team is available at https://io.help.yahoo.com/contact/index?page=contact&locale=en_US&y=PROD_SPORTS_REWARDS_POINTS to address any concerns you may have regarding the Program. Our Customer Care team is able to resolve most concerns quickly to the satisfaction of Program participants. The parties shall use their best efforts through this Customer Care process to settle any dispute, claim, question, or disagreement and good faith negotiations, which shall be a condition to either party initiating a lawsuit or arbitration.
If the parties do not reach an agreed upon solution within a period of 30 days from the time of informal dispute resolution under the Initial Dispute Resolution provision, 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 the Program, any Points and Rewards offered through the Program, and these Rewards Terms (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Program shall be finally settled by binding arbitration administered by the American Arbitration Association pursuant to its Comprehensive Arbitration Rules and Procedure and the supplementary procedures for consumer related disputes of the American Arbitration Association (the “AAA”), 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 Rewards Terms, including, but not limited to any claim that all or any part of these Rewards Terms are void or voidable, or whether a claim is subject to arbitration. 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 binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
The Commercial Arbitration Rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at 1-800-778-7879. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Yahoo will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, Yahoo will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim does not exceed $75,000. The arbitration rules also permit you to recover attorney’s fees in certain cases. By agreeing to arbitration, the parties understand and agree that they are waiving their rights 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 will take place at any reasonable location within the United States convenient for you.
Class Action Waiver:
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 YAHOO 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 provision set forth above shall be deemed null and void in its 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 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 seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
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: Yahoo Sports Rewards Program, 30-Day Right to Opt Out, 701 First Avenue, Sunnyvale, CA 94089. The notice must be sent within 30 days of the first Points being recorded in your account otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, Yahoo also will not be bound by them.
Changes to this Section:
Yahoo will provide 60-days’ notice of any changes to this Disputes/Governing Law section. Changes will become effective on the 60th day, and will apply prospectively only to any claims arising after the 60th day.
FOR ANY DISPUTE NOT SUBJECT TO ARBITRATION, YOU AND YAHOO AGREE TO SUBMIT TO THE PERSONAL AND EXCLUSIVE JURISDICTION OF AND VENUE IN THE FEDERAL AND STATE COURTS LOCATED IN SANTA CLARA COUNTY, CALIFORNIA. YOU FURTHER AGREE TO ACCEPT SERVICE OF PROCESS BY MAIL, AND HEREBY WAIVE ANY AND ALL JURISDICTIONAL AND VENUE DEFENSES OTHERWISE AVAILABLE.
THESE REWARDS TERMS, THE RELATIONSHIP BETWEEN YOU AND YAHOO, AND ANY ISSUES AND QUESTIONS REGARDING THE RIGHTS AND OBLIGATIONS OF ANY PARTICIPANT IN CONNECTION WITH THE PROGRAM SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF CALIFORNIA, U.S.A., WITHOUT GIVING EFFECT TO CONFLICT OF LAWS PROVISIONS.
Nothing in these Rewards Terms shall be deemed to exclude or restrict any of your statutory rights as a consumer.
Last updated: October 18, 2021