Iowa - Fubo Gaming Standard Promotional Terms and Conditions

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THE FOLLOWING ARE IMPORTANT TERMS AND CONDITIONS APPLICABLE TO PROMOTIONS MADE AVAILABLE ON THE WEBSITE PROVIDED BY FUBO GAMING INC. (“Fubo Gaming,” “we,” “us,” or “our”), located at https://ia.fubosportsbook.com.  PLEASE READ ALL TERMS AND CONDITIONS CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.

 

Thank you for using the Fubo Gaming website and online services (collectively, the “Services”).  Fubo Gaming, located at 1 N. Dearborn St., Suite #725, Chicago, IL 60602, is the owner and operator of the Services.  The following terms and conditions constitute a legally binding agreement and will govern the use of the Services as they dictate what you can expect from us and what is expected from you as the user of the Services (“player,” “you,” “your,” or “user”).  The use of the Services is subject to the terms and conditions set forth below.   

  1. The terms and conditions contained in these Standard Promotional Terms and Conditions (“Standard Promotional Terms”) apply to all promotional or bonus offers available through the Services (each, a “Promotion”) and, together with any applicable Promotion-specific terms or rules for the relevant Promotion (the “Rules”) and our General Terms and Conditions, and Privacy Policy, form a legal agreement between you and us and can only be amended with our written consent. By participating in any Promotion, you are indicating you accept and agree to be bound by these Standard Promotional Terms, any applicable Rules, our General Terms and Conditions, and Privacy Policy
  2. These Standard Promotional Terms may be changed from time to time.  You should check these Standard Promotional Terms and any applicable Rules before participating in any Promotion.  Your agreement to participate in a Promotion will constitute acceptance of the then-current Standard Promotional Terms and terms incorporated therein.
  3. In the event of any conflict or inconsistency between these Standard Promotional Terms, any applicable Rules, and the General Terms and Conditions, the Rules shall prevail, followed by these Standard Promotional Terms, but only to the extent necessary to resolve such conflict or inconsistency.
  4. Promotions can be subject to certain restrictions: for example, they may only be valid for certain sports or leagues and may be available only to users in certain jurisdictions.  In such cases, any such restrictions will be displayed on the Services. 
  5. Unless otherwise stated, Promotions will only be available to real-money players who have a real-money wagering account with Fubo Gaming and have made an initial deposit of at least $1.  Only individuals are eligible to participate in Promotions.
  6. The offering of Promotions is subject to Fubo Gaming’s sole discretion and to any restrictions contained on the relevant pages of the Services and any Rules.  Fubo Gaming has the sole right and discretion to interpret and apply all terms and conditions applicable to Promotions.
  7. You are responsible for advising Fubo Gaming of any change of your name, address, and any other wagering account information and Fubo Gaming shall have no liability for any consequences resulting from your failure to advise Fubo Gaming of any such changes.  
  8. Fubo Gaming may, from time-to-time, run Promotions and these may take the form of bonus offers (whether real-money bonuses or some other form of incentive), prize draws, competitions, contests, or other form of Promotion, or a combination of any of these. The particular form of Promotion will be specifically described, and Fubo Gaming will provide full details in communications (which may include via emails, computer pop-ups or other form of communication) we issue to tell you about each Promotion and/or on the Services.  
  9. The period of time during which each Promotion will run will be specified in the applicable Rules. Each Promotion will automatically close at the end of the relevant Promotion period, at which point no further participation in that Promotion will be possible. Where no Promotion period is specified, the relevant Promotion will end when it is discontinued on the Services.
  10. To be eligible to participate in any Promotion, you must:
      1. be twenty-one (21) years of age or older;
      2. be legally entitled to use the Services in accordance with our General Terms and Conditions;
      3. not be an Excluded Player, as specified in our General Terms and Conditions;
      4. be a resident of and/or located in a state in which Fubo offers real-money gaming;
      5. have successfully completed registration on the Services for the relevant service and opened a real-money player wagering account in accordance with the General Terms and Conditions applicable to the state in which you registered an account; 
      6. satisfy any other eligibility criteria set out in the relevant sections of these Standard Promotional Terms in respect of certain general categories of Promotion and in the applicable Rules; and
      7. not be a prohibited player as defined under applicable federal or state law or regulation or a player that is on the exclusion list for an applicable state.
  11. Unless otherwise indicated in the applicable Rules, all earned real-money bonuses will be paid into the wagering accounts of the registered and verified player within seven (7) days of entry into the relevant Promotion, or within 7 days of when the real-money bonuses are earned under the Rules for the relevant Promotion.  Earning real-money bonuses may have “play through” requirements that must be satisfied before earning the full amount of the bonus.  Please review the Rules carefully.
  12. Your use of any real-money bonuses is subject to our review for irregular playing patterns. In the event that we deem that an irregular playing pattern has taken place, we reserve the right to prevent you from cashing out account funds and/or withhold any of your winnings derived from your use of the bonus.
  13. In the event that more than one real-money bonus or any excess payment is accidentally paid to a player, we reserve the right, without prejudice to any other rights under the Rules, to seek the return of the amount of any additional real-money bonus or payment from that player's account.
  14. Players who win a prize as the result of any Promotion consisting of a draw, competition, contest, league or tournament (each, respectively, a “Winner and a “Prize) must accept the relevant Prize "as is" and there is no right to a cash alternative unless we, in our sole discretion, elect to offer such a cash alternative (which may be less than the full value of the Prize). We reserve the right, at any time, to substitute any Prize with one or more prizes (other than a cash alternative) of substantially equivalent value.
  15. All Prizes will be awarded by the time or within the timeframe specified in the applicable Rules and, unless otherwise indicated there, a cash Prize will be paid into the account of the Winner. In the case of a non-cash Prize, we will make all reasonable attempts to contact the Winner using the Winner’s account contact details, but if we have not been able to make contact with the Winner within 30 days of the Prize being won, we reserve the right to award another Winner in place of the original Winner or to forfeit the Prize altogether without liability to the Winner.
  16. Any transactions (i.e., non-sufficient funds) that cause your account credit balance (unrestricted funds in your player account) to be negative must be paid to us before any individual cash Prize is issued to you. We reserve the right to withhold any cash Prize that you win to cover your negative account credit balance. We also reserve the right to withhold any non-cash Prize that you win until your account credit balance is zero or greater. Your account credit balance must be zero or greater within 30 calendar days of you being notified of your non-cash Prize win or such Prize may be forfeited. We reserve the right not to award a Prize or to seek the return of any Prize awarded in the event that the Winner is not entitled to receive such Prize in accordance with applicable law (provided always that the Winner is solely responsible for ensuring that s/he is entitled to receive any Prize) or if we have cause to disqualify the Winner.
  17. If you are competing in a contest, league, or tournament and are unable, for any reason whatsoever, or choose not to progress to the next round after qualifying to do so, you will forfeit your place and will not be eligible to receive any Prize to be awarded for the next or any subsequent round or the final Prize.
  18. Any entitlement to receive a Prize is non-transferable.
  19. The Winner is solely responsible for the payment of any applicable taxes, licenses, registrations, and other fees, as applicable, in relation to the relevant Prize and for any costs associated with the Prize or its use, including without limitation the cost of complying with any requirements of applicable local law.
  20. In respect of any random prize draw, if and where applicable, Winners will be drawn at random from all entries correctly submitted and, provided all players qualify for the Prize under these Standard Promotional Terms, no favoritism will be shown in terms of gender, age, geographic location, length of time as player, which of our gaming channels or platforms a player has used, or any other factor.
  21. In connection with your participation in any Promotion, we may ask you to co-operate in advertising, marketing and/or publicity material and activities, at our expense. You may also be asked (a) to wear any branded clothing or attire we may provide; and (b) to sign, if requested, an irrevocable release form allowing us, without any compensation being payable to you, to use your name, photograph, likeness, any comments made by or attributed to you, and to incorporate any such information and any audio/visual recording or broadcast for such promotional purposes, in any media, throughout the world.
  22. Where you participate in any event which we host or arrange in connection with a Promotion, you agree not to make use of any third-party branding or advertising for any organization which we consider to be our competitor, including without limitation any branding or advertising for any other gaming company, and you agree not to conduct yourself in a manner that might, in our reasonable opinion, bring us, any of our affiliates or any of our or their respective brands into disrepute. In the event of any breach of this requirement, we reserve the right not to award a Prize or to seek the return of any Prize awarded.
  23. We expect, and you agree that you will participate in all Promotions fairly, so that our other customers too may enjoy the Services. We have set out below certain types of play which we consider to be unfair and therefore to be in breach of these Standard Promotional Terms:
      1. using multiple accounts to obtain more than the number of bonuses or free bets permitted for each player;
      2. sharing personalized Promotions (i.e., promotions or bonuses which are available to specific customers only) received by you e.g., via email, inbox message, links, URLs etc. with others who were not the intended recipient. This includes accessing Promotions forwarded to you by others when you were not the intended recipient;
      3. concealing your State of residence in order to access a Promotion that is not available in your State of residence;
      4. colluding with other customers in order to take advantages of Promotions; or
  24. Where you are in breach of any these Terms, our General Terms and Conditions or any Rules, we may be entitled to cancel any Promotions applied to your account, reclaim any Prizes and either settle bets at the correct odds, void any bet funded by a Promotion, or remove any subsequent winnings. We may also be entitled to levy an administration charge up to the value of the Promotion or additional payment to cover our reasonable administrative costs in respect of any such action that we take.
  25. Fubo Gaming accepts no liability in relation to your participation, or inability to participate, in any Promotion, including without limitation any use made by you of any Prize, to the maximum extent permitted by law.
  26. If any Promotion cannot be executed as planned, including due to any technical problems or circumstances beyond our control, we shall incur no liability and no bonus, payment or prize of any kind will be awarded. 
  27. Fubo Gaming reserves the right to alter, discontinue or terminate any Promotion, or any aspect of it, at any time, with or without notice, for any reason whatsoever, including without limitation if there has been any printing, production, distribution or other error in any Promotion communication or on the Services, or where there has been any error in the preparation for or conduct of any Promotion affecting the result of the Promotion or the number of participants or the value of Prizes.
  28. Fubo Gaming reserves the right to modify any Rules at any time by posting the modified terms on the relevant page(s) of the Services. We recommend you revisit these Standard Promotional Terms regularly. By your continued participation in the Promotion, you accept any such modified terms.
  29. These Agreements shall be governed by and construed in accordance with the laws of the state in which you have registered an account with Fubo Gaming and were offered the Promotion.
  30. For questions or any other information regarding the Promotion, please contact Fubo Gaming Customer Service at Fubo Sportsbook Support.
  31. Fubo Gaming will not accept wagers on any event(s) prohibited under IAC Ch 6, P.1 491-6.1., and no such events will be included in the Promotion.
  32. The Patron Account Adjustment report for Free Bet adjustments will be reviewed in accordance with Iowa Code sections 99D.19(3), 99E.8(4), and 99F.12(4).
  33. The final and absolute remedy for any questions or disputes concerning the interpretation of these rules or situations not covered by these rules will be resolved by Fubo Gaming management and that decision shall be final and binding on customers and Eligible Customers as appropriate unless otherwise directed by the I.R.G.C.  
  34. Customers may address complaints about the Promotion or any other matter related to Fubo Gaming to the I.R.G.C. as provided in the Fubo Gaming Standard Promotional Terms and Conditions and General Terms and Conditions.

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