SwapSquad™ Contest Rules

The SwapSquad™ contests (collectively, the “Contests”), made available by and through the SwapSquad™ website located at www.swapsquad.io (the “Site”) and SwapSquad™ Mobile Application (“App”), are operated by ESC (Education Sports Community), LLC (“Education Sports Community,” “we,” “our” or “us”). Each Contest shall be subject to these SwapSquad™ Contest Rules (the “Contest Rules”), as well as certain specific terms, conditions and restrictions, as predetermined by the members of a User’s self-selected league (“League”), as same are made available on the Site/in the App, on the applicable League’s registration page and on other pages associated with each such League (collectively, the “League Rules,” and together with these Contest Rules, the “Rules”). Capitalized terms that are used but not defined herein shall have the meanings set forth in the SwapSquad™ Mobile Application End-User License Agreement and Website Terms and Conditions (“Terms”).

SwapSquad™ Agreements

In addition to the Rules, the Contests, and each User’s participation in the Contests, shall be governed by all applicable SwapSquad™ agreements including, without limitation, the Terms and the SwapSquad™ Website Privacy Policy (collectively, the “SwapSquad™ Agreements”). The Rules are hereby incorporated into the SwapSquad™ Agreements, and any and all terms and conditions contained therein shall apply to the Rules. Where there is a conflict between the terms and conditions of the Rules and those of the SwapSquad™ Agreements, to the extent that they apply to a Contest, the Rules shall govern in all respects.

Please review the Rules, and all applicable SwapSquad™ Agreements, carefully, prior to participating in a Contest. If you do not agree to the terms of the Rules, and all applicable SwapSquad™ Agreements, in their respective entirety, you are not authorized to become a User in any Contest.

NOTICE: THE RULES CONTAIN DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY PROVISIONS AND INDEMNIFICATION PROVISIONS. THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THE RULES.

NEW JERSEY STATE RESIDENTS ARE ENCOURAGED TO REVIEW THEIR RIGHTS UNDER THE RULES, AS PROVIDED UNDER THE NEW JERSEY TRUTH-IN-CONSUMER CONTRACT WARRANTY AND NOTICE ACT (“TCCWNA”).

Eligibility/Necessary Equipment

The Contests are available only to individuals that: (a) are legal residents of, and that physically reside in, the United States; (b) are at least eighteen (18) years of age or older (or the age of majority in your respective jurisdiction, if the age of majority is greater than eighteen (18) years of age in that jurisdiction); and (c) can enter into legally binding contracts under applicable law (collectively, “Eligibility Requirements”). If you do not satisfy the Eligibility Requirements, in their entirety, you may not access the Contests.

WITHOUT LIMITING THE FOREGOING, AND WITHOUT EXCEPTION, ALL PROSPECTIVE USERS ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR ENSURING THAT PARTICIPATION IN A CONTEST IS NOT PROHIBITED BY ANY LAW APPLICABLE TO THAT PROSPECTIVE USER’S JURISDICTION OF RESIDENCE.

In order to become a User in a Contest, you must either be a registered User, or submit a registration form by and through the Site and/or App in order to apply to become a registered User. Education Sports Community reserves the right, in its sole discretion, to deny access to the Contests to anyone at any time and for any reason, whatsoever. The Registration Data that you must supply in order to become a registered User, and then a User in a Contest, may include, without limitation, some or all of the following: (i) your full name; (ii) your e-mail address; (iii) your mailing address; (iv) your date of birth; and/or (v) any other information requested on the applicable form. In addition to the foregoing, Users may be required to complete the know-your-customer (“KYC”) verification process by submitting a valid form of identification (such as a driver’s license, passport, voting card or similar government issued identification) to verify age, identity and residency status.

You agree to provide true, accurate, current and complete Registration Data and to update your Registration Data as necessary in order to maintain it in an up to date and accurate fashion. Education Sports Community will verify and approve all registrants in accordance with its standard verification procedures.

In seeking to register an account by and through the Site, you are representing to us that you comply, in full, with all of the Eligibility Requirements and you agree to provide us, upon request, with such documentation as we may require from time-to-time to verify your age, identity and residency status. You acknowledge and agree that failure to provide any such documentation within a timely fashion may result in the suspension or termination of your account.

Only one (1) account, and one (1) Team (as defined below) in each Contest, is allowed per person. You shall be responsible, at all times, for ensuring that you have an Internet connection, computer/Mobile Device, up-to-date Internet browser versions, a functioning e-mail account, applicable software, applicable hardware and/or other equipment necessary to access the Contests. Education Sports Community does not guarantee the quality, speed or availability of the Internet connection associated with your Mobile Device and/or computer. Education Sports Community does not guarantee that the Contests can be accessed: (A) on all Mobile Devices; (B) through all wireless service plans; (C) in connection with all Internet browsers; or (D) in all geographical areas. Standard messaging, data and wireless access fees may apply to your use of the App and/or participation in the Contests through your Mobile Devices. You are fully responsible for all such charges and Education Sports Community has no liability or responsibility to you, whatsoever, for any such charges billed by your wireless carrier.

EDUCATION SPORTS COMMUNITY IS NOT RESPONSIBLE FOR ATTEMPTED CONTEST AND/OR ACCOUNT REGISTRATIONS THAT ARE LOST, LATE, ILLEGIBLE, MISDIRECTED, DAMAGED, INCOMPLETE OR INCORRECT, OR FOR YOUR FAILURE TO PARTICIPATE IN, OR COMPLETE, A CONTEST. IF YOU FAIL TO ENTER A CONTEST INCLUDING, WITHOUT LIMITATION, WHERE YOU CANNOT ACCESS THE SITE AND/OR APP FOR ANY REASON WHATSOEVER, YOU WILL NOT BE ABLE TO PARTICIPATE IN THAT PARTICULAR CONTEST.

Responsible Gaming

The Contests do not require entry fees, and do not pay out prizes. Users are forbidden from wagering anything of value on any Contests and/or related outcomes. While Education Sports Community does not permit wagering on the Contests, Education Sports Community encourages its Users to practice responsible gaming.

If you or a family member have/has the need to receive responsible gaming assistance, please visit these online resources: www.ncpgambling.org and www.responsiblegambling.org. You can also contact them confidentially, twenty-four (24) hours a day, at this helpline number: (800) 522-4700.

Contests

General; Start Time; Duration:

(a) Each Contest may contain certain terms, conditions and restrictions, as set forth in the applicable League Rules including, without limitation: (i) the applicable duration of the Contest (“Contest Duration”); (ii) the number of Teams permitted/required; (iii) the type and duration of the draft involved, and any allowance for keeping players in connection with “Dynasty” contests; (iv) rules applicable to trades; and (v) rules applicable to setting Lineups (as defined below) and acquiring Players (as defined below) via Free Agency (as defined below).

(b) Each Contest shall consist of a League that is initiated by Users, who participate with other Users by invite only, by and through the Site and/or App. Each Contest will involve those Users in a given League compiling rosters consisting of a certain number of real-world professional athletes from a given Pro Sports League (each, a “Team”), as set forth in the applicable League Rules. The available Pro Sports Leagues shall be determined by Education Sports Community in its sole discretion from time-to-time, and may include some or all of the following, as well as additional Leagues included by Education Sports Community from time-to-time: (a) the National Football League® (“NFL®”); (b) Major League Baseball® (“MLB®”); (c) the National Basketball Association® (“NBA®”) and Women's National Basketball Association (“WNBA®”); and (d) the National Hockey League® (“NHL®”).

National Football League® and NFL® are registered trademarks of the National Football League. Major League Baseball® and MLB® are registered trademarks of Major League Baseball Properties, Inc. The National Basketball Association®, the Women’s National Basketball Association, NBA® and WNBA® are registered trademarks of NBA Properties, Inc. The National Hockey League® and NHL® are registered trademarks of the National Hockey League.

Please be advised that Education Sports Community is not in any way affiliated with the National Football League, Major League Baseball Properties, Inc., NBA Properties, Inc. and/or the National Hockey League, and neither Education Sports Community nor the Contests are endorsed or sponsored by any of the foregoing entities.

Drafts and Teams

(a) After entering a League, each User will have access to the applicable League’s draft (“Draft”), which she/he can use to acquire players that play in the applicable Pro Sports League (collectively, “Players”) and assign those Players to her/his League-related team (“Team”). For all Contests, the Draft order for the Users will be either selected by the Users in the applicable League or selected at random by Education Sports Community, and the Draft will follow a “snake” model. Under the snake Draft, the order will proceed from 1 to 12 (or such other total number of Users that are participating in the applicable Draft), then 12 to 1 (as applicable), alternating until the Draft is complete. Each Player available for selection during the Draft may only be selected by one (1) User and reside on one (1) Team at a time. Each User must select enough players at the applicable positions to fill out her/his Team’s roster. The roster size of Players for each Team in any given League will be predetermined and set forth in the applicable League Rules. Each User may have no more than one (1) Team per League.

(b) Below are descriptions of some of the League and Contest-types, and the applicable features related thereto:

(i) Re-Draft Leagues: “Re-Draft League” Contests last for most of the applicable Pro Sports League’s regular season, are made up of a certain number of Users (each with a Team), and those Teams compete on a rotating, head-to-head basis for a set number of weeks conforming to Game Days in the applicable Pro Sports League, after which winners are determined by a designated playoff period involving a certain sub-set of the Teams with the best records at that time.

(ii) Dynasty League: Dynasty Leagues follow the same model as Re-Draft Leagues for Contest game play, but at the end of each Contest (or season), Users in the subject Dynasty League are allowed to keep a certain number of Players on their respective Teams from one year’s Contest season to the next year’s Contest season in a League that continues from year to year. Other than permitting Teams to keep Players, which may shorten the length of the Drafts and limit the Players available to be Picked (as well as other “keeper” related rules), the Dynasty League Contests share the same rules and features of the Re-Draft League Contests. Users may also be permitted to join an existing Dynasty League Contest by obtaining a Team that has been abandoned by a User who no longer wishes to participate in the subject Dynasty League Contests (each, an “Orphan Team”). Specific rules applicable to each Orphan Team shall be set forth in the League Rules.

(iii) Drafts. The Draft associated with both Re-Draft Leagues and Dynasty Leagues requires that the participating Users access their League home page at a pre-determined date/time to complete their Draft online, in real time. Drafts last for the number of rounds set forth in the League Rules. As Player selections (“Picks”) are made, the selected Player is inserted onto the applicable User’s Team roster. Users shall have a limited amount of time (usually two (2) minutes) to make each Pick when their turn arises. Players may be on no more than one (1) Team roster. During the course of the Contest, Users will be able to add/remove Players from their respective rosters via Free Agency (adding Players that are not on any other User’s Team) and trading with other Users.

Lineup Changes; Free Agency; Game Day:

For most Contests, Users shall be able to change their selected starting Players (“Lineup”) up until the start of each applicable game day during the Contest. The start time of each game day within a given Contest (“Game Day Start Time”) may be set forth in the applicable League Rules, and shall generally correspond to when the first official Pro Sports League (applicable to the Contest) game for that week is scheduled to commence. Depending on the League Rules: (a) Users may be able to add Players that are not on any other User’s Team during the applicable Contest Duration via “Free Agency”; and (b) the Free Agency process may be open, or subject to a limited “Free Agent Budget” allotted to each Team. Where a League utilizes a Free Agent Budget, each Player selected in Free Agency will require the expenditure of a portion of the applicable User’s Free Agent Budget. Regardless of which method is permitted, where adding a Player during Free Agency, Users shall be required to maintain compliance with any applicable Team-size limits by dropping a corresponding Player from that User’s roster.

In addition to the foregoing, depending on the applicable League Rules, Users may be able to trade Players from one Team to another (“Trade”) (either for an entire season or a limited number of game days), or offer Players to another team for a set duration in exchange for a certain portion of the borrowing Team’s Free Agent Budget (each a “Loan”). For all of the aforementioned Trades and Loans, the Users proposing the Trade/Loan must first submit the terms of the applicable Trade/Loan to the other Users in the League in order to offer those other Users the ability to make alternative Trade/Loan offers.

TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, EDUCATION SPORTS COMMUNITY IS NOT RESPONSIBLE FOR DRAFT SELECTIONS, TRADE/LOAN OFFERS AND/OR LINEUP SELECTIONS/CHANGES THAT ARE LOST, LATE, ILLEGIBLE, MISDIRECTED, DAMAGED, INCOMPLETE OR INCORRECT, OR FOR YOUR FAILURE TO PARTICIPATE IN, OR COMPLETE, A SCHEDULED DRAFT. IF A USER FAILS TO COMPLETE OR ENTER A DRAFT INCLUDING, WITHOUT LIMITATION, WHERE THE USER CANNOT ACCESS THE SITE AND/OR APP FOR ANY REASON WHATSOEVER, THAT USER WILL NOT BE ABLE TO PARTICIPATE IN THAT CONTEST.

Points:

Each User will earn Contest points based on the performance, during the applicable Contest Duration, of the Players that are in her/his Lineup(s) for the applicable Contest (“Points”), as per the specific League scoring system, as set forth in the League Rules.

ALL DETERMINATIONS WITH RESPECT TO POINTS WILL BE MADE IN EDUCATION SPORTS COMMUNITY’S SOLE AND ABSOLUTE DISCRETION, AND WILL BE FINAL AND BINDING ON ALL PARTIES INVOLVED.

Tallying Points/Statistics:

Education Sports Community will be responsible for tallying the Points for each Contest based on the reporting of Player performance, as compiled by Education Sports Community’s third-party statistics providers and as provided by the applicable Pro Sports League during the applicable Contest Duration. Please be advised that during the Contests, Education Sports Community receives live scoring from its third-party statistics providers. Live scoring statistics that appear during a Contest are subject to change by the applicable Pro Sports League after the conclusion of the applicable Game Day. Please be advised that, in the event of a change to the statistics by a Pro Sports League after the conclusion of the applicable Game Day, the applicable Player’s Points on the Site/in the App may be updated, and certain outcomes related to a given Contest may be revised. Please note that where a correction needs to be made after the conclusion of a Game Day due to a problem with the statistics feed, the Contest outcome may be reversed, and Contests resettled correctly.

ALL DETERMINATIONS WITH RESPECT TO POINTS, PROJECTED POINTS AND CONTEST WINNERS WILL BE MADE IN EDUCATION SPORTS COMMUNITY’S SOLE AND ABSOLUTE DISCRETION, AND WILL BE FINAL AND BINDING ON ALL PARTIES INVOLVED.

League Standings/Game Models:

(a) Head to Head Model. In Leagues that utilize the “head-to-head” scoring model, each User’s Team shall play against another User’s Team within the subject Contest during each applicable Contest scoring period (with such scoring period often corresponding to a weekly period for the applicable Pro Sports League). The matchups of Users/Teams shall rotate so that Users/Teams will play multiple opponents within the same League throughout the Contest Duration. The User whose Team scores the most Points of the two (2) competing Teams during each scoring period will get a “Win,” and the other User’s Team will get a “Loss.” Each Team’s Wins and Losses will be used to compile a record, with additional tie-breakers to be used in case of a tie at the end of the Contest’s “regular season” (e.g., total points for the entire Contest Duration, head-to-head record). The pre-designated subset of Teams with the best records at the end of the regular season will enter a playoff bracket, with the specific head-to-head matchups determined by playoff seeding based on Win/Loss record and applicable tie-breakers. The playoff bracket shall be single elimination. The two (2) Teams that win all of their early round playoff bracket games will meet in a head-to-head “championship” matchup for the final Game Day. The User whose Team scores the most Points for the championship matchup shall be deemed the winner of the Contest.

(b) Points Scoring Model. In Leagues that utilize the “points” scoring model, the User whose Team has accumulated the most amount of Points at the end of the applicable Contest Duration will be deemed the winner of that Contest.

Collusion; Prohibited Conduct:

Prohibited Conduct: Education Sports Community reserves the right to investigate and take appropriate action against anyone who violates the Agreement including, without limitation, prohibiting the offending User from accessing the SwapSquad™ Offerings (including, without limitation, any Contest), suspending or terminating the account of the offending User and/or reporting the offending User to law enforcement authorities. You agree not to engage in any of the following activities in connection with your use of the SwapSquad™ Offerings:

  • Submit false, misleading, or inaccurate personal information to create an account and/or enter a Contest;

  • Engage in any type of fraud;

  • Use automated means or any other tool providing pre-built Lineups that require no substantive input from the User (including, but not limited to, scripts and third-party tools) to interact with the SwapSquad™ Offerings;

  • Tamper with the administration of a Contest;

  • Disable, remove, circumvent, damage, or otherwise interfere with any features (security related or otherwise) relating to the SwapSquad™ Offerings;

  • Use a robot, spider, or scraping software or other automated means to access the SwapSquad™ Offerings;

  • Abuse the SwapSquad™ Offerings;

  • Create or submit any unwanted email (“spam”) to other Users;

  • Use or access the SwapSquad™ Offerings from any territory in which use of the SwapSquad™ Offerings is illegal or impermissible;

  • Interfere with or disrupt the SwapSquad™ Offerings or servers or networks connected to the SwapSquad™ Offerings, or disobey any requirements, procedures, policies or regulations of networks connected to the SwapSquad™ Offerings;

  • Violate any applicable local, state, national or international law, or any regulations having the force of law;

  • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

  • Harvest or collect email addresses or other contact information of other Users of the SwapSquad™ Offerings by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

  • Post or transmit, or cause to be posted or transmitted, any communication or solicitation designed to obtain private information from any User, including account and password information;

  • Promote any criminal activity or enterprise or provide instructional information about illegal activities;

  • Sell or transfer your account;

  • Collude with other Users to win or influence Contests;

  • Post or transmit, or cause to be posted or transmitted, any content that is inappropriate, infringing, libelous, unlawful, or otherwise objectionable, as determined in the sole discretion of Education Sports Community;

  • Gamble or otherwise risk or wager money or any other form of consideration in connection with the SwapSquad™ Offerings; or

  • Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the SwapSquad™ Offerings.

Engaging in prohibited conduct may result in the suspension or termination of your account. Further, you acknowledge and agree that Education Sports Community may remove any User Content (as defined below) and terminate any Education Sports Community account at any time upon receipt of such claims or allegations from authorities or other third parties. Any attempt by a participant or any other individual to deliberately damage the SwapSquad™ Offerings or undermine the legitimate operations of any Contest may be considered a violation of criminal and or civil laws and Education Sports Community reserves the right to seek damages and other remedies from such individual to the fullest extent available by law.

WITHOUT LIMITING THE FOREGOING, IT IS PROHIBITED FOR TWO (2) OR MORE ENTRANTS TO COLLABORATE DURING ANY CONTEST, TO ENGAGE IN ANY TYPE OF SYNDICATE PLAY OR TO ADOPT A STRATEGY (BEFORE OR DURING A CONTEST) IN ORDER TO MUTUALLY GAIN AN ADVANTAGE AND/OR HARM OTHER ENTRANTS (COLLECTIVELY, “COLLUSION”).

Multiple Accounts: Each User is allowed one (1) account. Penalties for utilizing more than one (1) account without prior authorization from Education Sports Community will be assessed in Education Sports Community’s sole discretion, and may include closure of all applicable accounts.

Disqualification

If Education Sports Community, in its sole, exclusive and non-reviewable discretion, determines that you have breached any Warranty, engaged in any Prohibited Conduct, breached the Rules or any other SwapSquad™ Agreement in any way or otherwise engaged in any conduct that is dishonest, illicit, improper, unfair or otherwise damaging to Education Sports Community and/or any SwapSquad™ Offerings, Education Sports Community may, in addition to any other rights that Education Sports Community may have at law or in equity: (a) disqualify you from any Contest; (b) terminate your account; and/or (c) report your activities to law enforcement.

User-Names

Education Sports Community may require Users to change their user-names in cases where the subject user-names are offensive or promote commercial ventures. Any determination that a user-name must be changed shall be made in Education Sports Community’s sole discretion, and if requests are ignored, Education Sports Community may unilaterally change a User’s user-name.

Publicity

Other than where otherwise prohibited by law, by entering a Contest, you consent to the use of your name, voice, likeness and photograph (“User Information”) by Education Sports Community for any and all commercial and non-commercial purposes. Such purposes shall include, but not be limited to, inclusion of your User Information in marketing and promotional materials, such as website publications, mobile publications, print advertisements (“ads”), online ads, television ads, radio ads and interactive media, as well as printed extracts and reproductions of any portion thereof, in connection with the exploitation, marketing, advertising, promotion and publicity of Education Sports Community and/or any SwapSquad™ Offerings. Without limiting the foregoing, other than with respect to residents of the State of Tennessee and where otherwise prohibited by law, if you win a Contest, you agree to participate in reasonable Education Sports Community publicity, advertising and promotional activities.

Indemnification

You agree to indemnify and hold Education Sports Community, the Covered Entities, and each of their respective members, officers, directors, shareholders, employees, agents, co-branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party related to or arising out of: (a) your improper and/or unauthorized participation in a Contest; (b) your breach of the Rules or any other SwapSquad™ Agreement; (c) any dispute between you and any other Users and/or third parties; and/or (d) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of Education Sports Community and the Covered Parties. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

Service Disruptions

Education Sports Community makes no guarantee as to the availability of its software or services and does not guarantee that the SwapSquad™ Offerings will be accessible during Contests. Service outages or the inability to access the SwapSquad™ Offerings may occur for many reasons. You acknowledge and agree that Education Sports Community shall not be responsible for any losses or damages of any kind that may be suffered by you as a result of any service interruptions or outages, including if an outage occurs during a Contest. If, for any reason, a Contest is not able to run as originally planned, Education Sports Community reserves the right to cancel, terminate or modify any such Contest.

Contest Cancellation

If for any reason a Contest is not capable of running as originally planned, or if a Contest, application, or service associated therewith (or any portion thereof) becomes corrupted or does not allow for proper entry into a Contest in accordance with the Agreement or applicable Contest Rules, or if infection by a computer (or similar) virus, bug, tampering, unauthorized intervention, actions by Users, fraud, technical failures, or any other causes of any kind, in the sole opinion of the Education Sports Community, corrupts or affects the administration, security, fairness, integrity, or proper conduct of a Contest, Education Sports Community reserves the right, in its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, extend, modify or suspend the Contest. If such cancellation, termination, modification or suspension occurs, notification will be posted by and through the SwapSquad™ Offerings.

Without limiting the foregoing, we also reserve the right to cancel, suspend, and/or void any Contest in our absolute discretion where: (a) there is a technological failure or other act beyond our reasonable control including, but not limited to, an act of God, hurricane, war, fire, riot, earthquake, terrorism, an act of public enemies, actions of governmental authorities outside of our control, national emergency, pandemic, stoppage of athletic events, or other force majeure event (each, a “Force Majeure Event”); (b) there is any issue with statistical tracking and/or other data used to run a Contest; (c) we suspect a breach of the Agreement by any participating User; (d) the integrity of the Contest has been called into question; or (e) collusion between Users has, or is believed to have, taken place.

Modification of the Contest Rules

Education Sports Community may modify the Rules, in its sole discretion, by posting amended Rules on the Site and in the App, or by sending an e-mail to the e-mail addresses associated with registered Users. Such notice shall be effective immediately after it is posted or e-mailed, as applicable. If any such modification is unacceptable to you, your only recourse is to cease participating as a User.