Effective Date: August 1st, 2019

This Terms and Conditions of Service (“Terms”) document for BowlingBattle.com acts as a contract between yourself (“User”) and Bowling Battle a subsidiary of cQualified of California having principal offices in Concord, CA 94521. “User” and “Users” mean any and all users of the BowlingBattle.com web site

In order to use the Services of this website, User must read these Terms of Use, agree and accept to be bound by all of the conditions contained in these Terms of Use. Bowling Battle holds the right to amend the Terms at any time by posting a revised version on the Bowling Battle website. The revised version will be effective at the time posted and applies to all Users.

By use of the Bowling Battle website, Users agree to and accept the following terms and conditions:

Secure Payouts

All prizes from entries will be held in escrow within Bowling Battle’s PayPal account. All payouts will be distributed through PayPal to contest winners. Exceptions are made for payouts above $10,000 as a Bowling Battle representative may release funds in person.

Taxes

If you are a U.S. resident, we may send you an IRS Form W-9 and 1099-MISC or other appropriate form if users Winnings total $600 or more in any given calendar year (winnings are calculated as entry fee totals – winnings = net winnings). Depending on the state in which users reside, we may also send user additional federal or state tax forms. Without limiting the foregoing, we may withhold from users existing Account balance and/or from future Winnings any amount required to be withheld by Applicable Laws, including amounts due in connection with users failure to complete relevant tax documentation, but user remain solely responsible for paying all federal, state and other taxes in accordance with all Applicable Laws.

USBC ID Required

Players are required to provide their USBC ID. If a player does not have a USBC ID, or is not registered with the USBC, the Service may not be made available to the User. Bowling Battle may direct users to the USBC portal to create a USBC account. Once User creates an account, Bowling Battle will verify his/her identity before authorization is granted. Users agree to allow Bowling Battle to make inquiries necessary to validate the identity of its Users. This may come through direct contact with Users, or via third parties.

Contest Entry

The Entry-Fee and Prize Pool for a contest will not change once the contest is created. Therefore, each contest has a maximum amount of total entries accepted. Contests that have not reached capacity will be available for entry up until the contest start time.

Guaranteed contests will run (with prizes unchanged) even if they do not reach capacity before the contest start time. Non-guaranteed contests that do not reach capacity by contest start time may be canceled and refunded.

Prizes will only be awarded if a Contest is run. We reserve the right to cancel Contests at any time. In the event of a cancellation, all entry fees will be refunded to the user except as specifically provided in these Terms of Use.

Minimum User Age

In order to be eligible to use Bowling Battle services, Users must be at least 18 years of age, have registered with the USBC, and be a resident of the United States. By registering or participating in Bowling Battle services or functions on the website BowlingBattle.com, you hereby represent that you are over 18 years of age and have the authority to enter into the terms herein.

Users choosing to use Bowling Battle for other purposes than described herein may be in violation of these Terms, and subject to remedies. Specifically, but not limited to, Users may not use the Bowling Battle services for the following restricted activities:

  • As an aid to online gambling, as defined in the Unlawful Internet Gambling Enforcement Act of 2006;
  • As an aid to offline gambling;
  • Sale of goods or services.

Further, Users who are eligible to use Bowling Battle Services acknowledge and agree, as outlined in the Unlawful Internet Gambling Enforcement Act of 2006, that:

  • (I) All prizes and awards offered to winning participants are established and made known to the participants in advance of the game or contest and their value is not determined by the number of participants or the amount of any fees paid by those participants.
  • (II) All winning outcomes are determined predominantly by accumulated statistical results of the performance of teams.
  • (III) No winning outcome is based
    • (aa) on the point spread;
    • (bb) solely on any single performance of an individual athlete in any single real-world sporting or other event.

By using this site, you agree to be bound by the Terms and Conditions of Service explained in this document. Use of this site in a manner inconsistent with the descriptions set forth in these Terms is prohibited.

Game of Skill

Bowling Battle is a game of skill. Winners are determined by the criteria stated in each contest’s rules. For each contest, winners are determined by the individuals who use their skill and knowledge of league bowling.

Conditions of Participation

By entering a Contest, users agree to be bound by these Rules and the decisions of Bowling Battle, which shall be final and binding in all respects. Bowling Battle, at its sole discretion, may disqualify any user from a tournament, refuse to award benefits or prizes and require the return of any prizes, if the user engages in conduct or otherwise utilizes any information Bowling Battle deems to be improper, unfair or otherwise adverse to the operation of the tournament or is in any way detrimental to other users.

Code of Conduct

Bowling Battle reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Bowling Battles’ sole discretion.

Third-Party Links

Bowling Battle may contain links to third-party websites, advertisers, or services that are not owned or controlled by Bowling Battle. Bowling Battle has no control over, and assumes no responsibility or liability for, the content, privacy policies, or practices of any third-party websites or services. If user accesses a third-party website from Bowling Battle, user does so at their own risk, and user understands that this Agreement and Bowling Battles’ Privacy Policy do not apply to their use of such sites. User expressly relieve Bowling Battle from any and all liability arising from their use of any third- party website or services or third party owned content. Bowling Battle encourages user to be aware of when user leaves the website, and to read the terms and conditions and privacy policy of any third-party website or service that user visits.

Notwithstanding the above, Bowling Battle expressly disclaims any responsibility or liability for any material communicated by third parties through these pages or for any claims, damages or losses resulting from the use thereof.

Limitations of Liability

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER BOWLING BATTLE, NOR ITS SUPPLIERS OR LICENSORS, WILL BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST DATA OR LOSS OF GOODWILL), OR INCIDENTAL DAMAGES, ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITE, OR ANY INFORMATION, SERVICES OR PRODUCTS MADE AVAILABLE OR ACCESSIBLE TO USER, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF BOWLING BATTLE OR ITS THIRD PARTY SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, BOWLING BATTLE’S MAXIMUM LIABILITY TO USER ARISING OUT OF OR IN ANY WAY CONNECTED TO THESE TERMS SHALL NOT EXCEED U.S. $50.00. THE EXISTENCE OF ONE OR MORE CLAIMS BY USER WILL NOT INCREASE BOWLING BATTLE’S LIABILITY. IN NO EVENT SHALL BOWLING BATTLE’S SUPPLIERS OR LICENSORS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO BOWLING BATTLE PRODUCTS, INFORMATION OR SERVICES.

Certain jurisdictions do not allow limitations of liability for incidental, consequential or certain other types of damages; as such, the limitations and exclusions set forth in this Section may not apply to user.

Bowling Battle
alan@bowlingbattle.com