Terms of Usage

Big Golf League, Inc. Terms of Use

Last Updated:

November 15, 2024

Terms of Use

October 1, 2024

THESE TERMS OF USE INCLUDE A MANDATORY ARBITRATION AND CLASS ACTION WAIVER AGREEMENT WHICH REQUIRES THAT ANY PAST, PENDING, OR FUTURE DISPUTES BETWEEN YOU AND BIG GOLF LEAGUE, INC. (HEREINAFTER “BGL”) SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS ONLY AND FOR YOUR LOSSES ONLY. YOU MAY NOT PROCEED AS A CLASS REPRESENTATIVE, MEMBER OR PART OF ANY PROPOSED CLASS, PRIVATE ATTORNEY GENERAL SUIT OR ANY REPRESENTATIVE PROCEEDING, OR OTHERWISE SEEK TO RECOVER ON BEHALF OF OTHERS OR FOR THE BENEFIT OF OTHERS IN ANY TYPE OF CLAIM OR ACTION. ARBITRATION MEANS YOU WILL NOT BE ABLE TO SEEK DAMAGES IN COURT OR PRESENT YOUR CASE TO A JURY.

PLEASE READ THE FOLLOWING TERMS OF USE, THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER (SEE SECTION 25 BELOW), THE PRIVACY POLICY AND RESPECTIVE BGL CONTEST RULES CAREFULLY BEFORE USING THE SERVICES OFFERED IN CONNECTION WITH ANY BGL SERVICES, WEBSITE OR APPLICATION. YOU AGREE THAT YOUR CONTINUED USE OR ACCESS OF THE SITE OR SERVICES SHALL BE SUBJECT TO THESE TERMS OF USE, WHICH FURTHER INCORPORATE AND INCLUDE THE PRIVACY POLICY, AND RESPECTIVE BIG GOLF LEAGUE CONTEST RULES.

1. Acceptance of terms

Big Golf League, Inc. (collectively, “We”, “Us” or “BGL”) provides a fantasy sports website located at BigGolfLeague.com (the “Site”) and a related mobile app — which include all of the text, images, audio, code and other material they contain or provide (collectively, the “Content”) and all of the features, contests and other services they provide. The Site, the mobile app, and any other features, tools, materials, or other services (including co-branded or affiliated services) offered from time to time by BGL are referred to here as the “Service.” Please read these Terms of Use (the “Terms” or “Terms of Use”) carefully before using the Service. By using or otherwise accessing the Service, or clicking to accept or agree to these Terms where that option is made available, you (1) accept and agree to these Terms and our additional Contest Scoring and Rules and (2) consent to the collection, use, disclosure and other handling of information as described in our Privacy Policy, (3) the collection and screening of your information against any restricted persons watchlists (including sanctions and Politically Exposed Persons) and (4) any additional terms, rules and conditions of participation in particular contests issued by BGL from time to time. IF YOU DO NOT AGREE TO THE TERMS, THEN YOU MAY NOT ACCESS OR USE THE SITE, CONTENT OR SERVICES.  These Terms constitute a legal agreement between you and BGL, and shall apply to your use of the Site and the Services even after termination.


BGL may issue additional terms, rules and conditions of participation in particular contests. For example, BGL may issue conditions as required by various federal, state and local laws, rules and regulations, which may impact your experience or participation on the Service. You agree to be subject to those additional rules if you participate in such contests.

You agree to fully comply with all applicable federal, state and local laws, rules and regulations in connection with your use of the Service, including but not limited to state laws involving the regulation of charitable fundraising and commercial co-ventures.

2. Modification of Terms of Use

BGL reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time. The most current version of these Terms will be posted on our Site. You shall be responsible for reviewing and becoming familiar with any such modifications. If a revision to the Terms, in our sole discretion, is material, we will notify you by contacting you through the email address associated with your account. Use of the Services by you after any modification to the Terms constitutes your acceptance of the Terms of Use as modified.

3. Eligibility

You hereby represent and warrant that you 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.

By entering a contest, you are representing and warranting that you are:

  • of legal age to enter into a free contest

  • a citizen or resident of the United States of America and that you have an address in the United States of America;

  • physically located in the United States of America or Canada at time of entering a contest and in a jurisdiction in which participation in the contest is not prohibited by applicable law;

  • not listed on any U.S. Government list of prohibited or restricted parties;

  • governed by and will abide at all times by these Terms of Use and any other agreements between you and BGL regarding your use of the Service or participation in games;

  • not an employee or operator of another fantasy site that charges entrance fees or offers cash prizes

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If BGL determines that you do not meet the eligibility requirements of this section, then you are not authorized to use the Service. BGL 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 BGL otherwise determines that you do not meet the eligibility requirements of this section, in addition to any rights that BGL may have in law or equity, BGL reserves the right to terminate your account, withhold or revoke the awarding of any prizes associated with your account or suspend your account. In such a situation, BGL may redistribute 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 BGL in its sole discretion. BGL also reserves the right to withhold revoked prizes to use in furtherance of its fraud prevention or anti-money laundering efforts. BGL employees may use the Service for the purpose of testing the user experience but are not eligible for prizes except when playing in a private league. Relatives of BGL employees with whom they share a household are not eligible to participate in free contests unless they are private contests with other BGL employees or household members. BGL consultants and promoters of the Service may play in contests without such limitation, but only if (i) their arrangement with BGL does not permit them to have any access to non-public Service data or any other data not made available to all players on the Service and (ii) they do not receive any other advantages in their play on the Service.

BGL is for entertainment only and is not a gambling or wagering site. We offer a fantasy experience meant to encourage the enjoyment of golf and deliver positive player experiences. We do support responsible gaming efforts within the DFS community and betting industry and allow qualified third parties, who have concerns about a player’s ability to manage their play, to request a limitation on that player’s use of BGL if it negatively effects over usage of those other sites. You can learn more about our responsible gaming policies and tools on the site.

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4. Game of Skill

BGL contests are games of skill. Winners are determined by the objective criteria stated in each contest’s rules. For each contest, winners are determined by the entrants’ use of 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 in sports events. BGL contests may not be used for any form of illicit gambling.

5. Registration

In order to participate in a contest on the Service, you must register for an account. By registering as a user of the Service, you agree to provide accurate, current and complete information about yourself as prompted (such information being the “Registration Data”) and maintain and promptly update the Registration Data to keep it accurate, current and complete. If you provide any information that is inaccurate, not current or incomplete, or BGL has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, BGL may deny you access to areas requiring registration, or terminate your account, at its sole discretion.

5.1 One Account Per User

You may establish, maintain, use and control only one account on the Service. Each account on the Service may only be owned, maintained, used and controlled by one individual. For avoidance of doubt, users may not “co-own” accounts on the Service. In the event BGL determines that you have opened, maintained, used or controlled more than one account, in addition to any other rights that BGL may have, BGL reserves the right to suspend or terminate any or all of your accounts and terminate, withhold or revoke the awarding of any prizes.

You agree that the sole and specific purpose of creating an account on BGL is to participate in fantasy sports contests on the Service. BGL 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 on the Service. In such circumstances, we may also report such activity to relevant authorities.

5.2 Account Password and Security

At the time of registration for online account access, you must provide a valid email address and supply a Username and Password to be used in conjunction with your account. You may not use a Username that promotes a commercial venture or a Username that BGL in its sole discretion deems offensive. Many portions of the Service require registration for access (the “Restricted Areas”). You are responsible for maintaining the confidentiality of Password and are fully responsible for all uses of your Username and Password, whether by you or others. You agree to (a) never use the same Password for the Service that you frequently use or have used outside of the Service; (b) keep your Username and Password confidential and not share them with anyone else; (c) immediately notify BGL of any unauthorized use of your Username and Password or account or any other breach of security; and (d) use only your own Username and Password to access the Service’s Restricted Areas. BGL cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

You acknowledge and agree that BGL is authorized to act on instructions received through the use of your Username and Password, and that BGL may, but is not obligated to, deny access or block any transaction made through use of your Username and Password without prior notice if we believe your Username and Password are being used by someone other than you, or for any other reason.

BGL may require you to change your Username or may unilaterally change your Username.

5.3 Communications and Information Practices

As a result of your registration for the Service, you may receive certain commercial communications from BGL. You understand and agree that these communications are part of your registration, and that, to the extent required by law, you may opt out of receiving these communications at any time by either using the unsubscribe functionality or sending an email to privacy@biggolfleague.com . Following such an opt-out, we may still communicate with you via email to the extent permitted by applicable law.

Certain contests on BGL may require, as a condition of entry, that you opt in to receiving communication that may include marketing from a third party.  Such contests will contain clear and conspicuous opt in terms and you may, nevertheless, opt out of the same communication and/or third-party marketing following your entry into that contest.  

For further information about how BGL may use your data and communicate with you, please see our Privacy Policy.   

5.4 No Advertising or Marketing to Minors. 

 

BGL does not offer its products and services to minors. The Company will not market exclusively or primarily to minors, according to the definition of minor in each state where BGL offers its products and services. BGL (a) requires all partner media outlets, websites, or other entities to agree to take all reasonable measures to not target minors on behalf of the Company, (b) makes all reasonable efforts to ensure that advertising networks do not place BGL material on any websites that are aimed exclusively or primarily at minors, (c) does not use any search engine optimization terms that target exclusively or primarily to minors, (d) require that individuals or other entities speaking on behalf of BGL on television, radio, or online outlets understand and acknowledge the Company’s policies, and (f) ensures that any promotional events are staffed by individuals that understand and acknowledge the Company’s policies.

 

6. Disqualification and Contest Cancellation

BGL also reserves the right to cancel contests, in our sole discretion, without any restrictions.

BGL, 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 BGL 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; 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; bullying or harassing behavior toward other BGL users; abusing the Service in any way; or otherwise violating these Terms of Use. You acknowledge that the forfeiture and/or return of any prize shall in no way prevent BGL from informing the relevant authorities, and/or pursuing criminal or civil proceedings in connection with such conduct.

If for any reason the Service is not running as originally planned (e.g., if the Site becomes corrupted or does not allow the proper usage and processing of entries in accordance with the rules, or if infection by a computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind that, in the sole opinion of BGL, corrupts or affects the administration, security, fairness, integrity or proper conduct of the Service), BGL reserves the right, in its sole discretion, to disqualify any individual implicated in or relating to the cause and/or to cancel, terminate, extend, modify or suspend the Service, and select the winner(s) from all eligible entries received. If such cancellation, termination, modification or suspension occurs, notification may be posted on the Site.

The failure of BGL to comply with any provision of these Terms due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act(s) of public enemies, actions of governmental authorities outside of the control of BGL (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Terms.

6. Canceled, Postponed, and Rescheduled Tournaments

In the event that a tournament is canceled or postponed and rescheduled to a time different from the original scoring period for the contest BGL may use reasonable efforts to include the tournament in the calculation of fantasy points for the contest.

If a tournament is rescheduled for a time too far, in the sole opinion of BGL, outside the original scoring period for the contest, the tournament will be disabled from the contest and players listed to play in that tournament will not be eligible to accrue points. 

In the event a tournament is postponed, BGL will make a decision on how to handle the postponed tournament.

BGL may choose to adjust the scoring period for a contest at their sole discretion to accommodate schedule changes.

Any tournaments that are disabled will be indicated as such on the contest description page. Emails and other notifications may also be used to notify users of disabled tournaments.

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8. Publicity

By entering a contest, you consent to BGL’s, its service providers’ and business partners’ use of your name, voice, likeness, location and photograph in connection with the development, production, distribution and/or exploitation (including marketing and promotion) of the selected contest and/or other BGL contests and BGL generally, unless otherwise prohibited by law. BGLand its business partners reserve the right to make public statements about the entrants and winner(s) on-air, on the Internet or otherwise, prior to, during or following the contest. Entrants agree that BGL may announce any winner’s name on-air or on any of its websites or any other location at any time in connection with the marketing and promotion of BGL or other contests or games operated by BGL. You agree that participation in and the winning of a prize in connection with a contest constitute complete compensation for your obligations under this paragraph and you agree not to seek to charge a fee or impose other conditions on the fulfillment of these obligations. The rules specific to certain contests may contain additional publicity obligations or may require a written signature on a separate publicity waiver.

9. Contest Entry

Each BGL contest is currently free and does not have an entry fee listed in US dollars. 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 and in BGL’s opinion sufficiently uncertain, the name in which the email address on file was registered with the email service provider. BGL reserves the right to decline to award a prize to an individual it believes in its sole discretion did not submit the winning entry. 

The maximum number of entries an Authorized Account Holder may submit for a particular Contest is one unless a different maximum is expressly listed in the “Contest Rules” tab of each Contest.

9.1 User Entry Cancellation

Once a contest has been filled or begins, users may not cancel their entries, i.e., withdraw from the contest.  For contests that have not filled or begun, users may cancel entries up to 24 hours prior to tournament start. BGL has no obligation to honor cancellation requests received within 24 hours or the start or after a tournament starts. Similarly, contests lock when the first tournament starts and no more entries or roster changes may be made at that time.

9.2 Responsible Gaming and Self-Exclusion

Information about responsible gaming, including self-exclusion and self-limitation options, is available here. If you self-exclude, you will be removed from any upcoming contests as set forth in the self-exclusion procedures available here, and you will be excluded from entering any future contests.

9.3 No Advertising or Marketing to Self-Excluded Users

BGL prohibits marketing the BGL platform to users who reside on any self-exclusion lists. In the case of a user joining the BGL self-exclusion list or a local jurisdictional self-exclusion list, marketing distribution (e.g., email newsletters, ads, promotions) will be halted until the expiration from the given exclusion list.  

9.4 BGL Employees and Special Accounts

BGL employees are prohibited from entering any public contest on www.BigGolfLeague.com or any other fantasy contest operator.

In jurisdictions where not otherwise prohibited by law, BGL employees may participate in private contests on BGL against other employees, family and friends.  All BGL employees’ usernames begin with “bgl-” allowing them to be easily identifiable. 

Certain accounts with usernames beginning in “commish-” are commissioner-only accounts.  Such accounts exist solely to create contests for private leagues.  These accounts may not enter any contests or win prizes.

10. Contest Term

BGL contests have no specific universal term and BGL may offer contests for professional sports events that may take place on a single day, over multiple days, one week, several weeks or for an entire season.  

11. Prizes

After each contest ends, the tentative winners are announced but remain subject to final verification. The players in each contest who accumulate the most fantasy points and comply with eligibility requirements and applicable rules will win prizes if set out in the contest details by the league commissioner. In the event of a tie, the prize is divided evenly between the tied players, unless otherwise specified.

BGL offers a number of different types of contests. For each contest, we announce any prizes in advance on the contest page. Many contests do not have a prize and some contests have a random prize or prizes given by BGL just for participating. A list of all currently open contests, along with prizes, can be found in the main lobby of the Site.

Prizes will only be awarded if that particular Contest runs. We reserve the right to cancel contests at any time.

Guaranteed prizes may be offered in connection with some of the contests offered by the Site. Each contest or promotion is governed by its own set of official rules. We encourage you to read each contest rules and promotions before participating.

Prize calculations are based on the results as of the time when final scoring is tabulated by BGL. Once winners are announced by BGL, the scoring results will not be changed, despite any official adjustments made by the professional leagues.  However, BGL reserves 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. We also may make adjustments in the event of noncompliance with the Terms. BGL has no obligation to delay the awarding of a prize in anticipation of any adjustment and we reserve the right to reverse payments in the event of any adjustment. You agree to cooperate with our efforts to reverse payments.

No substitution or transfer of a prize is permitted. All taxes associated with the receipt or use of any prize are the sole responsibility of the winner. In the event that the awarding of any prizes to winners of the Contest is challenged by any legal authority, BGL reserves the right in its sole discretion to determine whether or not to award or adjust such prizes. In all disputes arising out of the determination of the winner of BGL contests, BGL is the sole judge and its actions are final and binding.

11.1 Notification

Winners are generally posted on the Site after the conclusion of each contest by 12 PM ET on the following day. Winners may be requested to return via email or regular mail an affidavit of eligibility, a publicity agreement and appropriate tax forms by a specified deadline. 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 addition, a list of winners and winner’s names for each competition period may be obtained by writing to: BGL, 80 Wren Drive, Roswell, GA 30076.

12. Bonuses and Promotions

BGL frequently offers bonuses to users and for other marketing purposes. Certain bonuses are awarded as a “pending bonus” earned gradually when users enter and complete contests. A user’s pending bonus may be converted into a monetary credit used in our store, for example, in accordance with the terms of the offer or promotion. 

Unless otherwise stated, any unconverted pending bonus remaining in a player’s account thirty (30) days after it has been initially credited can be removed by BGL. Should any user abuse or attempt to abuse the bonus system, BGL reserves the right to retract that user’s bonus(es).

BGL may also offer BGL Tokens, in accordance with the terms of a promotion or for other marketing purposes at BGL’s sole discretion.

BGL frequently offers credits or tokens for players competing various contests and free sponsored contests, or for referring new users to BGL (“Refer-A-Friend Bonus” or “RAF”). BGL reserves the right to reclaim these credits if players do not use them within thirty (30) days of their initial crediting, or within the minimum amount of time allowed by applicable law.

12.1 Commissioner Incentive Program

BGL believes it is the go-to Site for peer-to-peer golf contests and wants to encourage all of its users to start and play contests with their friends.  Accordingly, BGL has created an incentive program that will reward all users who run successful private contests (measured by number of entrants and/or total prizes awarded) with monthly store credit.  These contest commissioner incentive bonuses will go directly into the user’s account.

13. Statistics Providers

BGL relies on third-party sites to provide statistics for most contests.

While BGL and the third parties used to provide our Services use reasonable efforts to include accurate and up-to-date information, neither BGL nor its third-party providers warrant or make any representations of any kind with respect to the information provided through the Site and related information sources. BGL 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 BGL Site and related information sources, and shall not be responsible or liable for any error or omissions in that information.

14. Conduct

As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by BGL. By way of example, and not as a limitation, you agree to not:

  • abuse, harass, impersonate, intimidate or threaten other BGL users;

  • abuse, harass, impersonate, intimidate or threaten BGL employees, agents or representatives;

  • post or transmit, or cause to be posted or transmitted, any Content that is infringing, libelous, defamatory, abusive, offensive, obscene, pornographic or otherwise violates any law or right of any third party;

  • use the Service for any unauthorized purpose, or in violation of any applicable law, including intellectual property laws;

  • post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any BGL user;

  • create or submit unwanted email (“Spam”) to any other BGL users;

  • infringe upon the intellectual property rights of BGL, its users, or any third party;

  • submit comments linking to affiliate programs, multi-level marketing schemes, sites repurposing existing stories or off-topic content;

  • post, email, transmit, upload, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed or functioning to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

  • use any robot, spider, scraper, sniping software or other automated means to access the Service for any purpose (except for RSS feed access) without our express written permission. Additionally, you agree that you will not: (1) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (2) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (3) bypass any measures we may use to prevent or restrict access to the Service;

  • use artificial means, including creating multiple user accounts, to inflate your position and standing with the BGL leader boards and community;

  • use unauthorized scripts; all authorized scripts will be made available through the Service prior to game entry;

  • advertise to, or solicit, any user to buy or sell any products or Service, or use any information obtained from the Service in order to contact, advertise to, solicit, or sell to users without their prior explicit consent;

  • sell or otherwise transfer your profile;

  • enter into contests, by any means including multi-accounting, for which you are ineligible (e.g., private contests in which you are not a member of the private entity or group).

Violation of our rules may result in the removal of your Content from the Service, forfeiture of winnings, and/or the canceling of your account. You acknowledge and agree that BGL may remove any User Content (defined below) and terminate any BGL account at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content). To report Terms of Use violations, please contact us at info@biggolfleague.com.

14.1 Certain Feature Conditions and Behavior

BGL allows you to utilize features to communicate, upload or otherwise make available text, chats, images, (“User Generated Content”), which may be accessible and viewable to other BGL users. You may not submit or upload content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law.

BGL may monitor, screen, and review your features content or communications sent through BGL, at any time and for any reason, including to ensure that the User Generated Content or communication conforms to these Terms, without prior notice to you. We may terminate your account, and access to BGL if your User Generated Content violates these Terms, including unlawful content, without prior notice to you.

We are not responsible for, and do not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by users. We do not claim ownership of your User Generated Content; however, you grant us the non-exclusive right to revoke your feature privileges or cancel your account in its entirety at our sole discretion. To report Terms of Use violations, please contact us at info@biggolfleague.com.

15. User Content

You understand that all Content made available on the Service by a user (“User Content”), including but not limited to profile information and communications with other users, whether privately transmitted or made publicly available, is the sole responsibility of the person from which such User Content originated. This means that you, not BGL, are entirely responsible for all User Content that you upload, post, share, email, transmit, or otherwise make available via the Service. Under no circumstances will BGL be liable in any way for any User Content.

You acknowledge that BGL may or may not pre-screen User Content, but that BGL and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, permanently delete, undelete, modify and/or move any User Content available via the Service. Without limiting the foregoing, BGL and its designees shall have the right to remove any User Content that violates these Terms or is otherwise objectionable in BGL’s sole discretion. You understand that by using the Service, you may be exposed to User Content that you may consider to be offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or disclosure of any User Content. You further acknowledge and agree that you bear the sole risk of reliance on any Content available on or through the Service.

With respect to the User Content you submit or otherwise make available on or to the Service, you grant BGL an irrevocable, fully sub-licensable, perpetual, world-wide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such User Content (in whole or in part), and to incorporate such User Content into other works, in any format or medium now known or later developed.

You are solely responsible for your interactions with other users of the Service. BGL reserves the right, but has no obligation, to monitor disputes between you and other users.

16. Indemnity

You agree to release and to indemnify, defend and hold harmless BGL and its parents, subsidiaries, affiliates and agencies, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities, from and against any and all losses, liabilities, expenses, damages, costs (including attorneys’ fees and court costs) claims or actions of any kind whatsoever arising or resulting from your use of the Service, your violation of these Terms of Use, your receipt, ownership, use or misuse of any prize, and any of your acts or omissions that implicate publicity rights, defamation or invasion of privacy. BGL reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with BGL in the defense of such matter.

17. Warranty disclaimers

You expressly understand and agree that your use of the Service is at your sole risk. The Service (including the Service and the Content) are provided on an “AS IS'' and “as available” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. You acknowledge that BGL has no control over, and no duty to take any action regarding: which users gain access to or use the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release BGL from all liability for you having acquired or not acquired Content through the Service. The Service may contain or direct you to other websites containing information that some people may find offensive or inappropriate. BGL makes no representations concerning any Content contained in or accessed through the Service, and BGL will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.

18. Limitation on liability

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE AND SERVICE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE AND SERVICE MAY NOT BE SECURE AND MAY BE INTERCEPTED OR LATER ACQUIRED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE AND SERVICE IS AT YOUR OWN RISK. RECOGNIZING SUCH, YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER BGL NOR ITS SUPPLIERS OR LICENSORS WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES OR ANY OTHER DAMAGES BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY (EVEN IF BGL HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE SITE OR SERVICE; THE USE OR THE INABILITY TO USE THE SITE OR SERVICE; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR SERVICE; ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; ANY INCORRECT, ILLEGIBLE, MISDIRECTED, STOLEN, INVALID OR INACCURATE ENTRY INFORMATION; HUMAN ERRORS; TECHNICAL MALFUNCTIONS; FAILURES, INCLUDING PUBLIC UTILITY OR TELEPHONE OUTAGES; OMISSIONS, INTERRUPTIONS, LATENCY, DELETIONS OR DEFECTS OF ANY DEVICE OR NETWORK, PROVIDERS, OR SOFTWARE (INCLUDING, BUT NOT LIMITED TO, THOSE THAT DO NOT PERMIT A USER TO PARTICIPATE IN THE SERVICE); ANY INJURY OR DAMAGE TO COMPUTER EQUIPMENT; INABILITY TO FULLY ACCESS THE SITE OR SERVICE OR ANY OTHER WEBSITE; THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ENTRIES, IMAGES OR OTHER CONTENT OF ANY KIND; DATA THAT IS PROCESSED LATE OR INCORRECTLY OR IS INCOMPLETE OR LOST; TYPOGRAPHICAL, PRINTING OR OTHER ERRORS, OR ANY COMBINATION THEREOF; OR ANY OTHER MATTER RELATING TO THE SITE OR SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BGL’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO BGL FOR GENERAL USE OF THE SITE OR SERVICE DURING THE TERM OF YOUR REGISTRATION FOR THE SITE, NOT INCLUDING ANY ENTRY FEES FOR CONTESTS COMPLETED PRIOR TO THE CIRCUMSTANCES GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

19. Our proprietary rights

All title, ownership and intellectual property rights in and to the Service are owned by BGL or its licensors. You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by BGL, you agree not to copy, modify, rent, lease, loan, sell, distribute, perform, display or create derivative works based on the Service, in whole or in part.

20. Links

The Service provides, or third parties may provide, links to other World Wide Web sites, applications or resources. Because BGL has no control over such sites, applications and resources, you acknowledge and agree that BGL is not responsible for the availability of such external sites, applications or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that BGL shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

21. Termination and Suspension

BGL may terminate or suspend all or part of the Service and your BGL account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms. Upon termination of your account, your right to use the Service will immediately cease. If you wish to delete your BGL account, you may contact us via email to privacy@biggolfleague.com with a note to say you wish to delete your account.


The following provisions of the Terms survive any termination of these Terms: CONDITIONS OF PARTICIPATION (except for Registration and Account Password and Security); GAME RULES (only Bonuses and Promotions); CONDUCT (only User Content); INDEMNITY; WARRANTY DISCLAIMERS; LIMITATION ON LIABILITY; OUR PROPRIETARY RIGHTS; LINKS; TERMINATION; NO THIRD-PARTY BENEFICIARIES; BINDING ARBITRATION AND CLASS ACTION WAIVER; GENERAL INFORMATION.

If your account is subject to a suspension, you must respect the restrictions and limitations imposed on your account as part of the suspension, and you should communicate with BGL regarding restoration of your account only via support@BigGolfLeague.com.

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22. Dormant Accounts

After three (3) years of inactivity, accounts will be deemed dormant and will be closed by BGL. Any remaining funds held in the account will be treated, in each case, in accordance with applicable state laws and regulations.

Note: Dormant accounts are eligible for reinstatement upon request.

23. No Third-Party Beneficiaries

You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to the Terms.

24. Notice and Procedure for Making Claims of Copyright Infringement

BGL may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who infringe the intellectual property of others. If you believe that your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, please provide BGL’s Copyright Agent a written Notice containing the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

  • a description of the copyrighted work or other intellectual property that you claim has been infringed;

  • a description of where the material that you claim is infringing is located on the Service;

  • your address, telephone number, and email address;

  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

  • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

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BGL’s Copyright Agent can be reached in the following ways:
Mail:  Big Golf League, 80 Wren Drive, Roswell, GA 30076. Email: copyright@BigGolfLeague.com

To be valid, a Notice must be in writing and must follow the instructions above. You also may use the contact information in this Section to notify us of alleged violations of other intellectual property rights.

25.  Binding Arbitration and Class Action Waiver Agreement

PLEASE READ THIS ARBITRATION & CLASS ACTION WAIVER AGREEMENT (THE “AGREEMENT”) CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. THIS AGREEMENT INCLUDES A MANDATORY ARBITRATION PROVISION WHICH SETS FORTH HOW PAST, PENDING OR FUTURE DISPUTES BETWEEN YOU AND BGL SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS ONLY AND FOR YOUR OWN LOSSES ONLY. UNDER THIS AGREEMENT, YOU MAY NOT PROCEED AS A CLASS REPRESENTATIVE, MEMBER OR PART OF ANY PROPOSED CLASS, PRIVATE ATTORNEY GENERAL SUIT OR ANY REPRESENTATIVE PROCEEDING, OR OTHERWISE SEEK TO RECOVER ON BEHALF OF OTHERS OR FOR THE BENEFIT OF OTHERS IN ANY TYPE OF CLAIM OR ACTION. ARBITRATION MEANS YOU WILL NOT BE ABLE TO SEEK DAMAGES IN COURT OR PRESENT YOUR CASE TO A JURY.

WHILE YOU MUST AGREE TO THIS SECTION AS TO ANY AND ALL CLAIMS, THERE IS AN OPTION, DESCRIBED BELOW, TO OPT OUT OF THE ARBITRATION PROVISIONS. THE OPTION TO OPT-OUT IS TIME-LIMITED TO THIRTY (30) DAYS AND REQUIRES YOUR IMMEDIATE ATTENTION.

25.1 Scope of Agreement to Arbitrate

You and BGL agree that any past, pending, or future dispute, claim or controversy arising out of or relating to any purchase or transaction by You, any Contest or Prize, Your access to or use of any Platform or the Services, or otherwise arising from or in relation to this Agreement, the Terms of Use, the BGL Contest Rules or Privacy Policy  (including without limitation any dispute concerning the breach, enforcement, construction, validity, interpretation, enforceability, or arbitrability of this Agreement or the Terms of Use) (a “Dispute”), shall be determined by arbitration, including claims that arose before acceptance of any prior agreements with BGL or version of this Agreement, except that you and BGL are NOT required to arbitrate any Dispute in which (a) the dispute qualifies for initiation in small claims court; (b) either party seeks equitable and other relief for the alleged unlawful use of intellectual property including copyrights, trademarks, trade names, logos, trade secrets, or patents; or (c) You opt-out of these arbitration procedures by settling with BGL. In addition, in the event of any Dispute concerning or relating to this Agreement — including the scope, validity, enforceability, or severability of this Agreement or its provisions, as well as the arbitrability of any claims—you and BGL agree and delegate to the arbitrator the exclusive jurisdiction to rule on his or her own jurisdiction over the Dispute, including any objections with respect to the scope, validity, enforceability, or severability of this Agreement or its provisions, as well as the arbitrability of any claims or counterclaims presented as part of the Dispute.

25.2 Separate Agreement

The parties acknowledge that this Agreement is a separate agreement between the parties governed by the Federal Arbitration Act, and that any alleged or determined invalidity or illegality of all or any part of the Terms of Use, the Service, the Platform, the Privacy Policy, and the BGL Contest Rules have no effect upon the validity and enforceability of this Agreement.

25.3 Pre-Arbitration Claim Resolution

A party who intends to seek arbitration or pursue a claim in court must first send to the other a written Notice of Dispute (“Notice”). You may pursue Your dispute in a court only under the circumstances described above. The Notice to Us should be sent by email to SUPPORT@BIGGOLFLEAGUE.COM. The Notice must include (1)Your name, address, and email address; (2) whether You have an account and how and when you created it, and the email address and telephone number associated with that account, (3) a description of the nature and basis of the claim or dispute including any relevant facts regarding your use of the Platform and/or Services; (4) an explanation of the specific relief sought, including the total damages You seek, if any, and the basis for the damage calculations; (5) Your personally signed statement verifying the accuracy of the contents of the Notice; and (6) if You have retained an attorney, Your signed statement authorizing Us to disclose personal information about You to Your attorney if necessary in resolving Your claim. The Notice must also be individualized, meaning it can only concern Your dispute and no other person’s dispute. You also agree that, after sending the Notice, at Our request you will personally participate in a discussion by telephone with Us to facilitate resolving your claim before arbitration is initiated. We also agree to participate in a telephone discussion at your request. If We and You do not reach an agreement to resolve the claim within sixty (60) days after the Notice is received, You or We may commence an arbitration proceeding or you may pursue Your dispute in court only under the circumstances described herein. If either You or We send the other an incomplete Notice, the 60-day period begins only after a complete Notice is received, and if either You or We request a telephone discussion, the 60-day period begins only after the discussion has happened. Compliance with these pre-arbitration Notice and dispute resolution procedures are a condition precedent to initiating arbitration.

25.4 Initiating Arbitration‍

If this provision applies and the dispute is not resolved as provided above (Pre-Arbitration Claim Resolution), then either party may initiate binding arbitration of a Dispute in accordance with the provisions of this Agreement. The arbitration shall be conducted by the National Arbitration and Mediation (“NAM”) pursuant to its applicable rules, including the Comprehensive Dispute Resolution Rules and Procedures and the Mass Filing Supplemental Dispute Resolution Rules and Procedures, as applicable (“NAM Rules”), except as modified by this Agreement. The NAM Rules are available on NAM’s website www.namadr.com. In the event NAM is unavailable or unwilling to hear the dispute in accordance with this Agreement, the parties shall agree to, or a court shall select, another arbitration provider. All issues shall be for the arbitrator to decide, including the scope of this Provision. The parties agree that the party initiating arbitration must submit a signed certification to NAM that they have complied with the pre-arbitration Notice and dispute resolution procedures, before initiating arbitration.

By signing a demand for arbitration, a party certifies, to the best of their knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (i) the demand for arbitration is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (ii) the claims and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (iii) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. The Arbitrator shall be authorized to afford any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or any applicable state law for either party’s violation of this requirement.

25.5 Severability

This Agreement applies solely to the extent permitted by law. If for any reason any provision of this Agreement or portion thereof, is found by a court of competent jurisdiction to be unlawful, void, or unenforceable, that part of this Agreement will be deemed severable and shall not affect the validity and enforceability of the remainder of this Agreement which shall continue in full force and effect. The parties agree further that if any part of this Agreement is deemed to be illegal, invalid, void or for any reason unenforceable, that the invalid or unenforceable provision should, to the greatest extent possible, be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

25.6 Confidentiality

You and BGL shall maintain the confidential nature of the arbitration proceedings and the arbitration award, including the arbitration hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.

25.7 Governing Law

The parties agree that these Terms of Use and the rights and claims of the parties regarding the Services and the relationship of the parties shall be governed by and construed in accordance with the laws of the State of Utah, which shall apply without regard to principles of conflicts of law.

26. Application License

Subject to your compliance with these Terms, BGL grants you a limited non-exclusive, non-transferable license to download and install a copy of the app on a device that you exclusively control and to run such copy of the app solely for your own personal use. BGL reserves all rights in and to the app not expressly granted to you under these Terms. You will not run any version of the app on a jailbroken device.

If you have downloaded our app, you agree to promptly download and install any new version that we make available through the iTunes App Store or Google Play store, as applicable. Some new versions may contain updated Terms. Some new versions may contain security fixes and service improvements, whether or not we disclose that they do; accordingly, failure to promptly update your version of the App may in some cases expose you to increased security risks or Service malfunctions.

26.1. Additional Terms for the BGL iOS App

You acknowledge and agree that (i) these Terms are binding between you and BGL only, and Apple is not a party hereto, and (ii) as between BGL and Apple, it is BGL that is responsible for the app and the content thereof. You must use the iOS app only on an Apple-branded product that runs iOS. Your use of the app must comply with the terms of use applicable to the Apple source from which you obtain it (including the Usage Rules set forth in the Apple App Store Terms of Service). You acknowledge that Apple has no obligation to furnish you with any maintenance and support services with respect to the app.

You acknowledge that Apple is not responsible for addressing any claims you have or any claims of any third-party relating to the app or your possession and use of the app, including, but not limited to (i) product warranty or liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; or (iv) claims that the app infringes a third party’s intellectual property right(s).

In the event of any failure of the iOS version of the app to conform to any applicable warranty that has not been effectively disclaimed by these Terms, you may notify Apple, and Apple will refund the purchase price for the app (if any) to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the app, and, as between Apple and BGL, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be BGL’s responsibility, but only to the extent provided by these Terms. Please read the entire Terms, as other sections of these Terms limit BGL’s liability in this regard.

Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms. Upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary thereof. There are no other third-party beneficiaries of the Terms.

27.  Statute of Limitations

You and BGL agree that any claims or lawsuits, regardless of form, arising out of or related to the Site (including Services) or these Terms or Privacy Policy must be filed within one (1) year of the action, omission, event or occurrence giving rise to the claim or suit, after which such claims will be time-barred and prohibited, without regard to any longer period of time which may be provided by any period of limitation or repose by law or statute.

28. Account Abandonment

If your account remains inactive for the amount of time specified by applicable state law, usually between thirty-six (36) and sixty (60) months, it will be considered abandoned. Once an account is abandoned, BGL is required by state law to remit the abandoned funds to the appropriate state agency as unclaimed property. BGL may also charge additional fees associated with the delivery of abandoned funds to the applicable state agency.

29. Waiver and Severability of Terms

The failure of BGL to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

30. Additional Terms for Our California Consumers

Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N – 112, Sacramento, CA 95834, or by telephone at 1(800)952–5210.

31. Entire Agreement

These Terms, and any additional terms, rules and conditions of participation in particular contests that BGL may post on the Service, constitute the entire agreement between you and BGL with respect to the Service and supersedes any prior agreements, oral or written, between you and BGL. In the event of a conflict between these Terms and the additional terms, rules and conditions of participation in particular contests, the latter will prevail over the Terms to the extent of the conflict, with the exception of the Arbitration Agreement set forth in Sections 25 of these Terms, which shall control over any express or perceived conflict.