Legal Center

Underdog offers different contests in different states based upon applicable laws and regulations, and the eligible states may change from time to time. Eligibility for Underdog contests is generally posted at https://underdogfantasy.com/.

You consent to the monitoring and recording by Underdog, or a third-party provider acting on behalf of Underdog, of any fantasy sports contest entry communication and geographic location information.

If you plan to access or participate in Fantasy Contests, 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 Fantasy Contest, you are further representing and warranting that all of the following are true:

In order to participate in the Services, including Fantasy Contests, you must register for an Account. By registering as a user of the Services, 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 Underdog has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, Underdog may deny you access to areas requiring registration, or terminate your Account, at its sole discretion.

You may establish, maintain, use and control only one Account on the Services. Each Account on the Services may only be owned, maintained, used and controlled by one individual. You acknowledge that as an authorized game participant, you are prohibited from allowing any other person to access or to use your Account.

For avoidance of doubt, users may not “co-own” Accounts on the Services. In the event Underdog determines that you have opened, maintained, used or controlled more than one Account, or allowed another person to use your Account, in addition to any other rights that Underdog may have, Underdog 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 Underdog is to participate in the Services. Underdog shall be entitled to suspend, limit or terminate your Account if we have reasonable grounds to believe (as determined in our sole discretion) that you are using the Services for an illegal or improper purpose. In such circumstances, we may also report such activity to relevant authorities.

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 Underdog in its sole discretion deems offensive. Many portions of the Services 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 to use the same Password for the Services that you use or have ever used outside of the Service; (b) keep your Username and Password confidential and not share them with anyone else; (c) immediately notify Underdog 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 Services’ Restricted Areas. Underdog cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

All data which you provide to Underdog or which is obtained or generated about you during your use of the Services shall be subject to the Privacy Policy. The Privacy Policy, and any changes to the same, is further deemed incorporated and part of these Terms.
You acknowledge and agree that Underdog is authorized to act on instructions received through the use of your Username and Password, and that Underdog 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.
Underdog may require you to change your password or Username or may unilaterally change your Username. Underdog recommends users to constantly consider the security and strength of the passwords and Underdog recommends users change their passwords on a frequent basis of at least every 6 months.

User Account Funds and Withdrawals
By creating an Underdog Account, you agree to provide us with a valid mailing address, date of birth, and Social Security number as well as any other information we may require in order to run appropriate identity checks and comply with applicable rules and regulations. If necessary, you may be required to provide appropriate documentation that allows us to verify you.

Your participation in Contests, your ability to create or maintain and Account with us and your access to the Services are at all times subject to Underdog’s existing policies and procedures for verification, including any age, location, or identity verification methods employed by Underdog or its third party providers. While your Account is pending verification, Underdog reserves the right in its sole discretion to prohibit you from depositing funds into your Account. You may not be able to participate in any Fantasy Contests until verification of your Account or identity is complete. If we are unable to verify your Account or identity at any point, we reserve the right in our sole discretion to terminate or suspend your Account and withhold any funds until such time as we have been able to successfully verify you.

If you participate in Fantasy Contests, all Fantasy Prize Winnings you obtain will be added to your Underdog Account balance, and such funds will be held in a separate, segregated bank Account by a subsidiary of Underdog. These funds belong to you, subject to review for evidence of fraud, verification or other prohibited conduct as described above, and Underdog may not use them to cover its operating expenses or for other purposes. Your withdrawals of Fantasy Prize Winnings will be made from this segregated bank Account, and any checks or other payments issued from that Account may bear the name of Underdog’s subsidiary.

You can view your fantasy contest player activity, Account statement, contest history in the transaction history section of your Underdog Account. Account activity and winnings may be disclosed to any applicable state or federal entities. Underdog reserves the right in its sole discretion to limit the time period covered by, or access to, the Account history information to the minimum time period permissible under applicable law or regulation.

Underdog will endeavor to process withdrawal requests as fast and efficient as possible, typically within 10 business days after the request is received. We also may conduct checks for Terms compliance, including anti-fraud checks on playing and Services usage patterns prior to processing a withdrawal, and we may request additional information before permitting a withdrawal. Subject to such checks, you may close your Account and withdraw your Account balance at any time and for any reason.

Underdog may limit the amount of entry fees that a user can pay in accordance with state-imposed deposit limits and/or based on liability risk to our business. Determination of unacceptable liability risk to us for the purpose of this Rule is at our discretion.
Generally, all deposit bonuses and promotions may occur from time to time and shall, in addition to these Terms, be subject to the posted rules for such bonuses and promotions, which may change from time to time. The rules for bonuses and promotions are currently located at https://underdogfantasy.com/deposit-match-terms.html. For more information, please see https://underdogfantasy.com/rules/promotions.

Generally, sweepstakes may occur from time to time and shall, in addition to these Terms, be subject to the posted rules for such sweepstakes promotion, available at https://underdogfantasy.com/rules/sweepstakes .

Your participation in any sweepstakes or promotions shall be governed by these Terms, and the posted rules shall be deemed incorporated in these Terms.

All payments by you are final and no refunds will be issued.

Inactive Accounts. Underdog may, in its sole discretion, consider and treat your Account as inactive if there have been no log-ins to the Account or a lack of participation of an Account in a Contest for eighteen (18) months. In such event, your Account may be considered dormant by Underdog in its sole discretion, unless a longer period of time is required by applicable state law. For example, Accounts may be considered dormant in Arizona, Colorado, Indiana, Maine, Maryland and New York when they remain inactive for three (3) years. If an Account is inactive and contains unclaimed funds, Underdog may be required by state law to attempt to contact the Account holder at their last known mailing address and/or email address, and, if unsuccessful, the unclaimed funds may be considered abandoned. In such event, Underdog will remit such abandoned funds to the appropriate state agency as unclaimed property pursuant to state law. Underdog may also charge additional fees associated with the delivery of abandoned funds to the applicable state agency. If Underdog closes your Account prior to the period permitted by applicable state law, Underdog will return all funds remaining in your Account at the time of closure to you.

Communications and Information Practices
As a result of your registration for the Services, you may receive certain commercial communications from Underdog. 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 as set forth in our Privacy Policy. Following such an opt-out, we may still communicate with you via email to the extent permitted by applicable law.

Responsible Gaming & Self-Exclusion
Underdog offers tools to encourage responsible player behavior. We also allow third parties, who have concerns about a player's ability to manage his or her play, to contact customer service to make a report regarding that player's participation in Underdog Fantasy Contests. Underdog, in its sole discretion, may exclude individuals from using the Platform. Please see Underdog’s Responsible Gaming Page for more information and resources.

Self-Exclusion. Underdog Fantasy offers you options to set responsible limits. If, at any point, you think you are depositing too much money, entering too many contests, or spending too much on entry fees, you have the option of setting responsible gaming limits. Setting responsible limits allows you to still play, however, within the parameters that you set for yourself. Underdog also provides customers the ability to self-exclude directly from the product. Underdog offers exclusion periods of 3 months, 6 months, 1 year, 3 years, 5 years, and 10 years. You may also terminate your Account at any time.

How to Enroll in Self-Exclusion. If you wish to review and select limits or other Self-Exclusion options, you may access these options while logged in to your Account. Please find and select the “Exclusion” tab within “Responsible gaming limits” in the mobile Application and the “Self-exclusion” tab if you access your Account from the Underdog website. If you need assistance finding the information for any reason, please email customer service at support@underdogfantasy.com.

Individuals who enroll in self-exclusion, or are otherwise excluded from the use of the Platform, are prohibited from collecting any winnings, recovering any losses, or accepting complimentary gifts or services or any other thing of value from a licensee or operator. All winnings awarded during the exclusion period are forfeited. Contest entries that are in progress, or pending, when self-exclusion enrollment, or exclusion, occurs will be withdrawn or cancelled, and the corresponding entry fees will be refunded to the individual. A contest that has been submitted and accepted by Underdog will be considered active and awarded or forfeited as previously stated. Any deposit left in your Account at the time of enrollment or exclusion will be refunded to you within five (5) business days. During the exclusion period an excluded user may not open another Account, deposit any funds, enter any contest, win any prizes, or receive any bonus or other reward, and any such funds deposited or awarded during the exclusion period will be voided and not returned to the excluded user.
When enrolling in self-exclusion you agree to release all of the following from harm, monetary or otherwise, that may arise as a consequence of the self-exclusion;

Before you assert any claim for damages or relief of any kind in a formal proceeding as provided for in this Section, the parties shall make a good faith attempt to resolve the dispute by following the procedure in this Section 16(ii). The parties agree, before either party may initiate or demand a formal proceeding against the other, we will individually and personally meet and confer, by telephone or videoconference, in a good-faith effort to resolve informally any claim covered by these Terms. Multiple individuals with disputes cannot participate in the same informal telephonic dispute resolution conference. If you are represented by counsel (which such representation will be at your sole cost and expense), your counsel may participate in the conference, but you shall also attend and participate in the conference.

The party initiating the claim must give notice to the other party in writing of its intent to initiate an informal dispute resolution conference, which shall occur within thirty (30) days after the other party receives such notice or within a time period required by law, unless an extension is mutually agreed upon by the parties. To notify Underdog that you intend to initiate an informal dispute resolution conference, send us a communication in writing to our Customer Support Department, support@underdogfantasy.com, with “Complaint” in the Subject Line, and text including the following information:

(a) your username;

(b) your first and last name, as registered on your Customer Account;

(c) a detailed explanation of the complaint/claim;

(d) any specific dates and times associated with the complaint/claim (if applicable); and

(e) the remedy or action you are seeking from Underdog

If we wish to initiate a Complaint, we will send a similar communication to you at the email and/or land address associated with your Account.

Failure to submit a written communication with the information outlined above may result in a delay in our ability to identify and respond to your complaint/claim in a timely manner, and will extend the time period for resolution before a formal proceeding may be commenced, as permitted by these Terms. Upon receipt of Your Complaint, we will endeavor to reply to your communication within 48 hours. Further, best efforts will be made to resolve any complaint/claim promptly and, at a maximum, within 30 days.

After 30 days have passed since the submission of your Complaint which included all of the information required in this Section 16(ii), if for some reason you are not satisfied with the resolution of your complaint/claim, you may then, and only then, pursue a formal claim as provided in Section 17 below. The same rule and requirement applies to Underdog.

The parties shall use their best efforts to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition to either party initiating a formal claim as provided in these Terms. If the parties do not reach an agreed upon solution within a period of thirty (30) days, or any such time period as required by law, from the time informal dispute resolution begins, then either party may initiate binding arbitration, to the extent permitted by law, as the sole means to resolve claims, subject to these Terms. Certain jurisdictions may require specific dispute resolution processes, and to that extent, the parties agree to comply with applicable laws and regulations. The aforementioned informal dispute resolution process is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding, including litigation if you have successfully opted-out of the arbitration agreement or if required by the governing jurisdiction. The parties agree that any relevant limitations period and filing fees or other deadlines will be tolled solely by the amount of time the parties initiate and engage in this informal dispute resolution process.

Regardless of whether you decide to opt out of arbitration, pursuant to this Agreement, the terms set forth in this Section 16(ii) Initial Dispute Resolution shall remain in full force and effect.

You and Underdog 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 Underdog Fantasy 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 Underdog or version of this Agreement, except that you and Underdog are NOT required to arbitrate any Dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. 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 Underdog 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.

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 Underdog Fantasy Contest Rules have no effect upon the validity and enforceability of this Agreement.

If the parties do not reach an agreed upon solution within a period of 30 days from the time informal dispute resolution under the Initial Dispute Resolution provision 16(ii) begins, 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 American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), except as modified by this Agreement. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879, or its then current telephone number as provided on its web site, or by sending a written request to: The American Arbitration Association, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043. In the event the AAA 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.

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.

IF YOU HAVE NOT PREVIOUSLY AGREED TO AN ARBITRATION PROVISION IN CONNECTION WITH YOUR USE OF OUR SERVICE, YOU MAY OPT OUT OF THE AGREEMENT TO ARBITRATE BY FOLLOWING THE INSTRUCTIONS BELOW. IF YOU DO NOT OPT-OUT, THE ARBITRATION PROVISIONS WILL APPLY RETROACTIVELY TO ALL CLAIMS YOU MAY POSSESS, WHETHER ASSERTED TO DATE OR NOT.

IF YOU DO NOT WISH TO AGREE TO THE PROVISIONS OF THIS AGREEMENT REQUIRING ARBITRATION AND CLASS ACTION WAIVER AND YOU HAVE NOT PREVIOUSLY AGREED TO AN ARBITRATION PROVISION IN CONNECTION WITH YOUR USE OF OUR SERVICE, YOU MUST, WITHIN THIRTY (30) DAYS OF ENTERING THIS AGREEMENT, SEND AN E-MAIL FROM THE EMAIL ADDRESS ASSOCIATED WITH YOUR ACCOUNT to support@underdogfantasy.com including THE WORDS “OPT OUT” IN THE SUBJECT LINE AND IN THE BODY OF THE EMAIL, YOUR FULL NAME, ADDRESS AND A STATEMENT THAT YOU WISH TO OPT-OUT OF ARBITRATION.

Whether to agree to arbitration is an important decision. It is your decision to make and you are not required to rely solely on the information provided in these terms of use. You should take reasonable steps to conduct further research and to consult with counsel (at your expense) regarding the consequences of your decision.

You and Underdog agree that:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER YOU NOR UNDERDOG SHALL BE ENTITLED TO BRING, CONSOLIDATE, JOIN OR COORDINATE DISPUTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR PARTICIPATE IN ANY COLLECTIVE ARBITRATION OR ARBITRATE OR LITIGATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY. YOU MAY ONLY ARBITRATE OR LITIGATE ON AN INDIVIDUAL BASIS ONLY AND FOR YOUR OWN LOSSES ONLY. UNDER THIS AGREEMENT, YOU MAY NOT PROCEED IN ARBITRATION OR COURT AS A CLASS REPRESENTATIVE, MEMBER OR PART OF ANY PROPOSED CLASS, COLLECTIVE ACTION OR MASS ARBITRATION, 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. You and UNDERDOG are each waiving respective rights to participate in a class action. By accepting this Agreement, you give up your right to participate in any past, pending or future class action or any other consolidated or representative proceeding, including any existing as of the date you agreed to this Agreement. YOU ALSO EXPRESSLY WAIVE AND RELEASE, TO THE FULLEST EXTENT AVAILABLE AT LAW, ANY CLAIM PURPORTED TO BE ASSERTED BY ANY OTHER PERSON ON YOUR BEHALF OR FOR YOUR USE OR BENEFIT.

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.

Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, trademarks, trade dress and trade secrets, but not personal privacy or publicity rights).

You and Underdog 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.

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 New York, which shall apply without regard to principles of conflicts of law.

These Terms (and any additional terms, rules and conditions of participation in particular Fantasy Contests that Underdog may post on the Services) constitute the entire agreement between you and Underdog with respect to the Services and supersedes any prior agreements, oral or written, between you and Underdog. In the event of a conflict between these Terms and the additional terms, rules and conditions of participation in particular Fantasy Contests, the latter will prevail over the Terms to the extent of the conflict, with the exception of the Arbitration Agreement set forth in Section 17 of these Terms, which shall control over any express or perceived conflict.

The failure of Underdog 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 shall remain in full force and effect.

You and Underdog agree that any claims or lawsuits, regardless of form, arising out of or related to the Site (including Services) or these Terms of Use 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. This statute of limitations provision does not apply to residents of New Jersey.

The section titles in the Terms are for convenience only and have no legal or contractual effect.

Users with questions, complaints or claims with respect to the Services may contact us using the relevant contact information set forth above.