GullyCricket Terms of Service
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE
Welcome to the GullyCricket! GullyCricket (“GullyCricket”) is a fantasy sports
platform that offers skill-based contests where each of your entries has a chance to win (the
“Contest”). Before using
GullyCricket,
please take some time to carefully read our Terms of Service below (“Terms,” or
“Agreement”). The Terms below constitute a binding contract between you and
GullyCricket.
IMPORTANT NOTICE: PLEASE READ THIS AGREEMENT CAREFULLY, IT CONTAINS A BINDING ARBITRATION PROVISION AND A
CLASS ACTION WAIVER THAT AFFECTS YOUR LEGAL RIGHTS AND REMEDIES AS DETAILED IN THE SECTION TITLED ARBITRATION
AND CLASS ACTION WAIVER
BELOW. PLEASE READ CAREFULLY.
1. Acceptance of Terms.
By using the website www.gullycricket.uk/us or www.gullycricket.us (including all the areas available through
such website, collectively, the “Site”), downloading the GullyCricket mobile application
(“App”), and/or
by creating an account and using the various fantasy sports services (collectively, such services, including
any new features and applications, together with the Site, the “Services”) offered by SCHLEP
Games, inc. a Delaware
Corporation, (together with their parents, subsidiaries, affiliates, agents, representatives, consultants,
employees, officers, and directors – collectively “GullyCricket,” “we,”
“us,”
“our,” and/or “Company” ) you, the user (collectively “Users” or
“you”), acknowledge and agree to these legally binding Terms. You also agree to the GullyCricket
Privacy Policy located at
https://gullycricket.us/privacy-policy.htmll (“Privacy Policy”) and all other operating rules,
game rules, policies, and procedures that may be published on the Services by GullyCricket, which are herein
incorporated by
reference.
BY DOWNLOADING THE APP OR CLICKING THE “AGREE” BUTTON, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND
UNDERSTOOD THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C)
ACCEPT THIS
AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE
THE SERVICES, DEACTIVATE YOUR ACCOUNTAND DELETE ALL GullyCricket APPLICATIONS AND PLATFORMS FROM YOUR
DEVICES.
2. Modification to Terms.
Except as it relates to provisions regarding lawsuit, binding arbitration, and waiver of class action rights,
GullyCricket reserves the right, at its sole discretion, to modify or replace the Terms at any time. The most
current version of
these Terms will be available via our Site and App. You shall be responsible for reviewing and becoming
familiar with any such modifications. All such revisions, upon being posted on the Website shall take effect
immediately provided that
where such revisions are deemed to result in a material change to the Terms, such changes will be notified to
you via App or Site notification and/or by contacting you through the email address associated with your
account. Any such update,
amendment or modifications will also be published on the Website. The Parties agree that any means of
notification as described herein are reasonable and conspicuous. Use of the Services by you after any
modification to the Terms
constitutes your acceptance of the as modified Terms in full. Should you, due to any possible changes to the
terms and conditions, not wish to continue using the services of GullyCricket anymore, you must withdraw all
available funds and
close the account at the earliest opportunity.
For the avoidance of doubt, ongoing Contests (as further defined below) shall be subject to the version of the
Terms that is in effect at the start of the Contest. It is in GullyCricket’ sole discretion to determine
whether applicable
actions are governed by the Terms such as they were in effect during any relevant Contest or if the most
recent version of the Terms control. Further, all actions and matters specifically related to fraud,
misrepresentation, cheating,
theft, or other conduct GullyCricket deems to be improper shall be governed by the most recent version of
these Terms. It is your responsibility to check the Terms periodically for changes. Your continued use of the
Services, including, but
not limited to, signing into your GullyCricket account, following the posting of any changes to the Terms
means you accept those new terms. In addition, some services offered through the Site and App may be subject
to additional terms and
conditions adopted by GullyCricket. Your use of those services means you agree to be subject to those
additional terms and conditions, which are herein incorporated into these Terms by reference.
GullyCricket reserves the right to modify, suspend, or discontinue the Services (including, but not limited
to, the availability of any text, graphics, sounds, files, software or other information found on the Site and
App (collectively,
“Content”), feature, or database), whether temporarily or permanently at any time for any reason.
You agree that GullyCricket shall not be liable to you or to any third party for any modification, suspension,
or discontinuation
of the Services. GullyCricket may also impose limits on certain features and services or restrict your access
to parts or all of the Services without notice or liability.
3. License Grant.
Subject to the terms of this Agreement, GullyCricket grants you a limited, non-exclusive, and non transferable
license
to:
You acknowledge and agree that the Services are provided under license as described in this Agreement, and not
sold, to you. You do not acquire any ownership interest in the Services under this Agreement, or any other
rights thereto other
than to use the Services In accordance with the license granted, and subject to all terms, conditions, and
restrictions, under this Agreement. You may not (a) modify the Content or use them for any commercial purpose,
or any public display,
performance, sale or rental; (b) decompile, reverse engineer, or disassemble software Content except and only
to the extent permitted by applicable law; (c) remove any copyright or other proprietary notices from the
Content; (d) transfer
the Content to another person. GullyCricket and its licensors and service providers reserve and retain their
entire right, title, and interest in and to the Services, including all copyrights, trademarks, and other
intellectual property
rights therein or relating thereto, except as expressly granted to you in this Agreement. GullyCricket shall
have the right to assert and enforce the provisions of this section directly on its own behalf.
GullyCricket may terminate this license at any time if you are in breach of these Terms. Upon termination, you
agree to immediately destroy any copies of the Content in your possession.
5. GullyCricket Account.
You may view Content on the Site or App without registering for an account, but as a condition of using
certain aspects of the Services, including entering Contests, depositing and withdrawing funds or redeeming
promo or bonus funds, you
are required to create a GullyCricket account (“Account,”). You must be at least eighteen (18)
years of age to open an Account, unless you reside in an Eligible Jurisdiction (as further defined below) that
requires a higher age
of eligibility.
To sign up for an Account, you must submit a username, password, mailing address, phone number, driver’s
license, date of birth, and social security number. You must provide accurate, complete, and updated contact
information,
identification details, and any other form of authentication that GullyCricket may request in its sole
discretion, including personal identifying information necessary for tax reporting purposes. To enter Contests
that require you to make
deposits, you may be required to submit your billing information. If your account information changes, then
you must provide us with accurate and complete information.
You may not use a username that promotes a commercial venture or a username that GullyCricket in its sole
discretion deems offensive or otherwise a violation of its Terms. GullyCricket may require you to change your
username or may
unilaterally change your username.
Account Misuse, Multiaccounting, Account Sharing
You agree that the sole and specific purpose of creating an account on GullyCricket is to participate in
fantasy sports Contests. GullyCricket shall be entitled to suspend, limit, or terminate your account if we
determine, in our sole
discretion, that you are depositing funds without the intention of using them in Contests or for the Service.
In such circumstances, we may also report such activity to relevant authorities.
Each user may establish only one (1) Account. For avoidance of doubt, users may not “co-own”
accounts. Further, users may not use another person’s account other than their own. Users also may not
direct or control or
otherwise use another user’s account as a proxy for their own account or to make contest entries.
Additionally, users may not use, direct, or control any account other than their own for any purpose,
including, but not limited to:
avoiding account limits, suspensions, responsible gaming related limitations, evade any other account
restriction either self- imposed or imposed by GullyCricket, or to abuse promotional or bonus offerings, such
as referral bonuses, for
which each account is eligible. All such aforementioned account misuses or duplications shall collectively be
referred to as
(a) download, install, and use the App for your personal, non-commercial use on handheld and mobile devices
owned or otherwise controlled by you (collectively, “Device”) strictly in accordance with the
App’s documentation;
and
(b) access, stream, download, and use on such Device, the Services made available in or otherwise accessible
through the Site or App, strictly in accordance with this Agreement.
4. Reservation of Rights.
“multiaccounting”. Multiaccounting is a violation of these Terms and a violation of state law in
many of the states in which GullyCricket’ operates. In the event GullyCricket, in its sole and unlimited
discretion,
reasonably determines that you have violated these Terms by multiaccounting, then, in addition to any other
rights that GullyCricket may have at law, equity or created herein, GullyCricket reserves the right to: (i)
suspend or terminate any
or all of your accounts (and all other accounts associated with the multiaccounting), (ii) cancel any pending
or in-progress entries made on all offending accounts; (iii)
terminate, withhold, or revoke the awarding of any prizes, including prizes that you have already withdrawn
from your Account; (iv) seize or remove all promotional balances, bonuses or free entries previously awarded
to each account(s); and
(v) seize all real-money funds in the offending account(s) or earned by the offending user(s) during the
course of multiaccounting.
YOU AGREE TO INDEMNIFY, RELEASE AND TO HOLD HARMLESS GullyCricket, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND
AGENTS, AS WELL AS THE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS AND REPRESENTATIVES OF ANY OF THE
FOREGOING ENTITIES, FROM ANY
AND ALL LIABILITY, CLAIMS OR ACTIONS OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO INJURIES, DAMAGES,
OR LOSSES TO PERSONS AND PROPERTY WHICH MAY BE SUSTAINED IN CONNECTION WITH YOUR MULTIACCOUNTING ACTIVITIES
WHICH ARE VIOLATIONS OF
THESE TERMS OF SERVICE AND APPLICABLE STATE AND FEDERAL LAWS.
You are solely 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, charges, and
damages that occur under your
account. It shall be a violation of these Terms to allow any other person to use your account to participate
in any Contest. If you discover any unauthorized use of your account, or other known account-related security
breach, you must
report it to GullyCricket immediately. You agree that you are responsible for anything that happens through
your account until you close your account or prove that your account security was compromised due to no fault
of your own.
GullyCricket cannot and will not be liable for any loss or damage arising from your failure to comply with
this section.
6. Eligibility for Fantasy Sports Contests.
Generally, you may have access to the Site and App in any state, territory, or jurisdiction. However, in order
to enter Contests, you must be physically located within one of the states, territories, and/or jurisdictions
in which
GullyCricket operates and is made accessible for consumer play (collectively, “Eligible
Jurisdictions,” and each an “Eligible Jurisdiction”). A full list of Eligible Jurisdictions,
which may be updated from time to
time at GullyCricket’ sole discretion, can be found at www.GullyCricket.us or GullyCricket.uk/us
“Excluded Jurisdiction(s)” shall mean all states, territories, and/ or jurisdictions that are not
Eligible
Jurisdictions.
You must also be at least eighteen (18) years of age to participate in Contests or win prizes offered through
GullyCricket Contests. You are responsible for consulting each Eligible Jurisdiction’s rules to
determine the minimum age of
eligibility and abide by those restrictions.
By depositing money or entering a Contest, you are representing and warranting that:
● you are 18 years of age or older (or the minimum age for permissible use in your local
jurisdiction);
● you are a citizen or resident of The US and that you have an address in
The US
● at the time of deposit or game entry, you are physically located in an Eligible Jurisdiction in which
participation in the Contest is not prohibited by applicable law or these Terms;
● you are not listed on any government list of prohibited or restricted parties;
● you will abide at all times by these Terms and any other agreements between you and GullyCricket
regarding your use of the Service or participation in games;
● when depositing funds or entering a paid Contest, you are not physically located in any Excluded
Jurisdictions; and
● 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.
If GullyCricket determines that you do not meet the eligibility requirements of this section, then you are not
authorized to use the Service. GullyCricket may require you to provide proof that you are eligible to
participate according to
this section prior to receiving a prize. This includes by requesting that you fill out an affidavit of
eligibility or other verification information. If GullyCricket otherwise determines that you do not meet the
eligibility requirements of
this section, in addition to any rights that GullyCricket may have in law or equity, GullyCricket reserves the
right to terminate your account, withhold or revoke the awarding of any prizes associated with your account
or
limit your ability to withdraw. In such a situation, GullyCricket may pay out any withheld or revoked prizes
to the other entrants in the relevant Contest in a manner consistent with the prize structure of the Contest,
to be precisely
determined by GullyCricket in its sole discretion. GullyCricket also reserves the right to withhold revoked
prizes to use in furtherance of its fraud prevention or anti-money laundering efforts.
We also may conduct investigations for Terms compliance, including anti-fraud checks on playing patterns and
deposits prior to processing a withdrawal, and we may request additional information before permitting a
withdrawal. As long as
there are no pending investigations on your Account, you may close your account and withdraw your deposits
and/or winnings at any time and for any reason.
7. Fantasy Sports Contests.
After you create an account, you will be able to visit the Site or App and view the games available for entry
(“Contests”). While some Contests may be free to enter, certain Contests on the Site or App will
require an entry
fee.It is your responsibility to know and understand the rules and required entry fees for any given Contest.
Rules for contests, which may be updated from time to time at GullyCricket’ sole discretion, may be
found here.
Please note that you must meet all eligibility requirements and otherwise comply with any other applicable
rules to be eligible to win a prize. In particular, due to restrictions in certain states, territories, and/or
jurisdictions,
residents of the Excluded Jurisdictions are not eligible to participate in our paid entry Contests.
Entry Fee
Entry fees may vary from Contest to Contest. When you choose to enter a Contest and complete the entry
process, the requisite entry fee will be debited from your GullyCricket account. All payments are final. No
refunds will be issued.
Conditions for Entry
To be eligible to enter any Contest or receive any prize, you may be required to provide GullyCricket with
additional documentation and/or information to verify your identity as the account holder, and to provide
proof that all eligibility
requirements are met. In the event of a dispute as to the identity or eligibility of an
account holder, GullyCricket will, in its sole and absolute discretion, utilize certain information collected
by GullyCricket to assist in verifying the identity and/or eligibility of such account holder.
In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed
submitted by the person named on the profile of the username the entry was submitted, or if possession of the
username itself is
contested and in GullyCricket’ opinion sufficiently uncertain, the name in which the email address on
file was registered with the email service provider. GullyCricket reserves the right not to award a prize to
an individual it
believes in its sole discretion did not submit the winning entry.
Any GullyCricket employee (“Employee”) and Immediate Family Members (an “Immediate Family
Member” means any domestic partner and relative of the Employee who resides at an Employee’s
residence, including but
not limited to parents, grandparents, in-laws, children, siblings, and spouses) are not permitted to play in
any Contest That requires an entry fee.
By entering a Contest, entrants agree to be bound by these rules and the decisions of GullyCricket, which
shall be final and binding in all respects. If the entrant engages in conduct or otherwise utilizes any
information GullyCricket deems
to be improper, unfair or otherwise adverse to the operation of the Contest or is in any way detrimental to
other entrants, GullyCricket at its sole discretion may disqualify any entrant from a Contest, refuse to award
benefits or prizes,
and require the return of any prizes.
These Terms prohibit entering a Contest if the entrant is:
● A GullyCricket Employee or an Immediate Family Member of an Employee;
● An employee or operator of any daily fantasy site including any that charges entrance fees or
offers
prizes, and any immediate family member of any such person;
● Accessing or has had access to any pre-release, confidential information or other information that is not
available to all other entrants of a Contest and that provides the entrant an advantage in such a Contest,
including any information
from any daily fantasy sport site or information from a sports governing body (“Insider
Data”);
● An employee of a sponsor, consultant, or supplier of GullyCricket or any other daily fantasy sports Contest
provider that has access to Insider Data or otherwise receives an advantage in the entrant’s
participation in a
Contest;
● An employee, operator or consultant to a sports governing body where such employee, operator or consultant
is prohibited from participating in applicable Contests by such governing body; ● A professional or collegiate
athlete, sports
agent, coach, team owner, team employee, referee or
league official or employee, or an immediate family member of a professional or amateur athlete, sports agent,
coach, team owner, team employee, referee or league official or employee if the Contest is in the sport in
which they are
associated; or
● A person prohibited from participating pursuant to court order.
Users further acknowledge that the forfeiture and/or return of any prize shall in no way prevent GullyCricket
from
pursuing criminal or civil proceedings in connection with such conduct.
Contest of Skill – Paid Entry Contests (Fantasy Contests)
Fantasy Contests offered through the Services are Contests of skill. Each of our Contests are governed by
specific rules, as may be modified from time to time, which are set forth in the Contest official rules and
are herein incorporated
into these Terms by reference. Winners are determined by the objective criteria described in the Contest
deadline, roster, rules, scoring, and
any other applicable documentation associated with the Contest. From all entries received foreach Contest,
winners are determined by the individuals who use their skill and knowledge of relevant sports information and
fantasy sports rules
to accumulate the most points according to the corresponding scoring rules. The Services may not be used for
any form of illicit or illegal gambling or sports betting.
Contest Results
Prizes will only be awarded if a Contest is run. We reserve the right to cancel Contests at any time. In the
event of a cancellation, all entry fees will be refunded to the customer except as specifically provided in
these Terms. After each
Contest ends, the winners are announced (generally by the following day) but remain subject to final
verification.
Once winners are notified and prizes are awarded, the scoring results will not be changed regardless of any
official adjustments made by the professional leagues, though we reserve the right to make adjustments based
on errors or
irregularities in the transmission of information to us from our stats provider or in our calculation of
results.
Prizes
Contest prize payouts will be published with the creation of each new Contest (“Contest Prize
Table”). Prizes will be awarded as soon as reasonably practicable following the conclusion of each
Contest. The prizes available for
each Contest are published in the respective Contest Prize Table.
No substitution or transfer of prize is permitted except at our sole discretion. All prizes are awarded AS IS
and WITHOUT WARRANTY OF ANY KIND, express or implied, (including, without limitation, any implied warranty of
merchantability or
fitness for a particular purpose) by us. If any legal authority challenges the award and/or your receipt of a
prize for winning a Contest, GullyCricket reserves the right in its sole discretion to revoke, cancel,suspend,
substitute, or
modify the award of such prize. In all disputes arising out of the determination of the winner of GullyCricket
Contests, GullyCricket is the sole judge and its actions are final and binding.
You acknowledge and agree that should we, in our sole and absolute discretion, determine that you did not
comply with and or adhere to the Terms, in any way, we may disqualify you from any Contest entered, in which
case any prizes awarded
to you as a result of said Contest will be immediately forfeited. You agree to cooperate with our efforts to
reverse payments. All monetary winnings will be deposited directly into your Account. Any amounts that are
mistakenly credited as
winnings to your Account remain our property and will automatically be transferred from your Account upon
confirmation of the error. Any winnings mistakenly credited to your Account that have been withdrawn by you
before confirmation of the
error will constitute a debt owed by you.
Contest Statistics, Live Scoring and Third Party Information Providers To the extent that GullyCricket offers
“live” statistics before or during gameplay and/or Contest entry, all “live”
statistics, scoring and other
information provided through GullyCricket and related information sources are unofficial. Further, during
certain Contests, GullyCricket may be reliant on third party operators to provide “live scoring”
of certain sporting
events and matches. At times, you may not be able to see or access the most up-to-date information or
“live scoring” for the relevant sporting event or match. Regardless of the reason for the delay in
information, GullyCricket
shall not be liable for any such delay in provision of information or “live scoring.” “Live
scoring,” information, statistics and their respective components are offered for informational and/or
entertainment
purposes only and are not used to determine the results of Contests. Neither GullyCricket nor its third-party
providers warrant or make any representations of any kind with respect to the information provided through the
App and/or Site and
related information sources. GullyCricket 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 the Site and
related information sources, shall not be responsible or liable for any error or omissions in that
information, nor shall
GullyCricket be responsible for any errors or losses you suffer or any other issues that result
therefrom.
Stat Corrections
GullyCricket takes every effort to ensure accurate, up-to-date scoring is applied across all Contests.
However, GullyCricket does not guarantee the accuracy of any scoring or stat corrections. Official scores and
results will be posted at
the conclusion of the sporting event or competition once it has been declared official and all official box
scores and statistics are posted. Stat corrections posted by either GullyCricket’ third-party data
provider or the official
league statistic provider more than thirty (30) minutes following the official conclusion of the sporting
event or competition will not be retroactively applied to entries and not be taken into consideration for
determining how to score the
Contest.
NO REFUND
All payments are final. No refunds will be issued. 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 name the account was
registered.
Disqualification and Cancellation by GullyCricket
Participation in each Contest must be made only as specified in the Terms. Failure to comply with these Terms
will result in disqualification and, if applicable, prize forfeiture.
GullyCricket, in its sole discretion, may disqualify you from a Contest or the entire Service, refuse to award
fantasy points or prizes and require the return of any prizes, or suspend, limit, or terminate your account if
you engage in
conduct GullyCricket deems, in its sole discretion, to be improper, unfair, fraudulent or otherwise adverse to
the operation of the Service or in any way detrimental to other users. Improper conduct includes, but is not
limited to:
falsifying personal information, including payment information, required to use the Service or claim a
prize;violating eligible payment method terms, including the terms of any cash rewards payment card, violating
any of these rules,
accumulating points or prizes through unauthorized methods such as unauthorized 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 the
Service; obtaining other entrants’ information and spamming other entrants; and abusing the Service in
any way; or otherwise violating these Terms. You acknowledge that the forfeiture and/or return of any prize
shall in no way prevent
GullyCricket from informing the relevant authorities, and/ or pursuing criminal or civil proceedings in
connection with such conduct.
We reserve the right, in our sole discretion, to cancel or suspend any Contest (or any portion thereof) for
any reason whatsoever, including but not limited to, the safeguarding of the administration, security,
fairness, integrity or proper
operation of the Contest (or any portion thereof). This section specifically includes when a Contest Prize
Table has been tampered with. We may provide you with notification of such cancellations or suspensions, but
will not be obliged to
do so. In the event that a Contest is canceled
altogether, no Contest entry fee will be payable by you and any amounts that were to be used for the purpose
of entering the Contest will once again be made available to you via your account.
Account Inactivity Fee
Any Account that has not entered a fantasy contest, placed a bet, or played a casino game in a 13 month period
will be considered inactive.
Inactive accounts will incur a fee of $4.99 a month on any unutilized and/or winnings balance remaining in the
account.
Deposit Bonus and Expiration
All deposit bonuses are given as a mix of “Unutilized Cash” and “Bonus Cash”. All Unutilized cash is available
for use in fantasy contests, sports bets, or casinos, immediately, whereas bonus cash can only be used to pay
for fantasy contest entry fees for a maximum of 5% of the entry fee.
All Bonus Cash expires after 90 days of it being awarded.