TERMS OF SERVICE

IMPORTANT LEGAL NOTICE REGARDING TERMS OF USE OF ROSTER

Please carefully read these terms of use before using Roster, as these terms of use affect your legal rights and obligations.

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USER AGREEMENT

OFB Games, LLC (“OFB”, “We”, or “Us”) owns and operates Roster (“Roster”) and the progressive web application (“PWA”) that links to these Terms of Use. OFB is pleased to offer you access to our PWA and the ability to participate in our fantasy sports contests of skill (collectively the “Services“) that OFB may provide from our PWA, subject to these Terms of Use (the “Terms of Use“, or “Terms“), Our privacy policy (the “Privacy Policy“) and the Official Rules and Regulations for the applicable contests and promotions (the “Rules“ or “Rules and Scoring“, and together with the Terms of Use and the Privacy Policy, the “Agreements“).

Please read these 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 Rules and Scoring and (2) consent to the collection, use, disclosure and other handling of information as described in our Privacy Policy and (3) any additional terms, rules and conditions of participation in particular contests issued by OFB from time to time. If you do not agree to the Terms, then you may not access or use the Services.

These Terms of Use constitute a legal agreement between you and OFB and shall apply to your use of the Services and the PWA even after you terminate your use.

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MODIFICATION

OFB Games 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 PWA. Users are responsible for reviewing and becoming familiar with any such modifications. If a revision to the Terms, in our sole discretion, is material, OFB 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.

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ELIGIBILITY

By using OFB's Services you here represent and warrant that you are at least twenty one (21) years of age or older and competent to agree to the terms and conditions found in these Terms of Use as well as satisfy all obligations as required by these Terms of Use. You agree to abide by all applicable laws in the jurisdiction where you are located while using the Services. Legal residents physically located in any of the fifty (50 states, and Washington, DC, excluding Connecticut, Idaho, Hawaii, Montana, Nevada, Washington, and any parish in Louisiana where a majority of qualified electors in the parish voted against the proposition to authorize fantasy sports contests (collectively, the “Ineligible Regions”)). You warrant that you are a citizen of the United States of America and at the time of deposit are physically located within the United States but not within an Ineligible Region. You warrant that you are not on any state or federal prohibited persons list or otherwise a Restricted Person as defined below.

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Each eligible person may only establish one account per person to use the Services offered on the PWA. OFB reserves the right to disqualify, suspend, and or ban an otherwise eligible person if OFB discovers that such person has opened more than one account.

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Restricted Persons are ineligible to use OFB’s Services. Restricted Persons include but are not limited to OFB employees or owners and the immediate family members of either. “Immediate family member” means any spouse, domestic partner, or relative who lives in the employee or owner's residence including but not limited to children, siblings, parents, grandparents, in-laws, and steps of each. Relation by blood is not required to be deemed an immediate family member rather the focus is on the nature of the relationship and whether the individual lives with the employee or owner. Additional examples of Restricted persons include, professional or amateur athletes, coaches, team owners, team employees, sports agents, referees or league officials, and their immediate family members as well as employees of other fantasy contest operators who have access to that operator's pre-release, non-public confidential data about game-related information. In the event a Restricted Person accesses the Services and participates, OFB will disqualify the entry, refund all other participants entry fees, and terminate the Pool. Further, OFB reserves the right to report any violation of these Terms of Use to the Restricted Persons Employer and or the appropriate regulatory authority.

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ACCOUNTS

In order to deposit and participate in the Services each eligible person must establish an account. Each account must be held by an authorized account holder which is a natural person age 21 or older who owns a valid email address. Each authorized account holder who participates in a Pool requiring an entry fee must deposit funds into their account through an approved payment method owned by the authorized account holder.

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A User that wishes to completely close their authorized account, will first need to login. Once logged into their authorized account, the User will be able to complete the account close process clearly displayed under the account section within the application. Once a User requests their account to be closed, OFB will immediately suspend the account. If a User wishes to reactivate their account, they may do so by contacting OFB’s customer support team.

Accounts that remain inactive for the amount of time specified by applicable state law, usually between thirty-six (36) and sixty (60) months, will be considered abandoned. Once an account is abandoned, OFB is required by state law to remit abandoned funds to the appropriate state agency as unclaimed property.

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SEGREGATED ACCOUNTS

Authorized account holder deposits and player winnings after contests are finished are held in a separate, segregated bank account (the “Segregated Account”) held by OFB Games Reserve LLC, a legally separate and independent entity. Withdrawals which will be made from this Segregated Account, and checks issued from the Segregated Account, may bear the names of OFB Games Reserve, LLC. Vendors, players, and creditors shall be aware that the funds in the Segregated Account are the property of OFB Games Reserve, LLC, and do not belong to OFB, and are not available to creditors OFB, except for players whose funds are held in such account. OFB and OFB Games Reserve, LLC, are prohibited from comingling funds held by OFB and funds belonging to OFB Games Reserve LLC, held in the Segregated Account.

DEPOSITS INTO AND WITHDRAWS FROM AUTHORIZED USER ACCOUNTS

The Services use Dwolla as their payment services provider. In order to use the payment functionality of OFB's Services, you must open a “Dwolla Account” provided by Dwolla, Inc. and you must accept the Dwolla Terms of Service and Privacy Policy. Any funds held in or transferred through your Dwolla Account are held or transferred by Dwolla's financial institution partners. You must be at least 18 years old to create a Dwolla Account. You authorize OFB to collect and share with Dwolla your personal information including full name, email address and financial information, and you are responsible for the accuracy and completeness of that data. You understand that you will access and manage your Dwolla Account through OFB's Services, and Dwolla account notifications will be sent by OFB, not Dwolla. OFB will provide customer support for your Dwolla Account activity, and can be reached at support@ofbgames.com, and/or 513-713-0003.

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The Services accepts major credit cards as Users forms of payment. Users may withdraw their deposits or cash prizes at any time using the “withdraw” option of the Services.

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All entry fees submitted will be deducted from the authorized account holder's account and all winnings will be deposited into the authorized account holder's account in accordance with these Terms of Use. It is the responsibility of each authorized account holder to maintain the confidentiality of their user name, email, and password associated with their account. Further, each authorized account holder accepts all responsibility for all deposits, charges, or other activities that occur under their account.

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Users can withdraw money in their authorized user accounts at any time, subject to anti-fraud checks on deposits and playing patterns prior to processing. To request a withdraw, a User will need to verify their bank account through micro deposits. Once the User's bank account has been verified, Users can initiate an ACH withdraw request to the verified bank account or request a check be mailed to their address. ACH withdraws will be completed within five (5) business days after Users verify their bank account. Paper checks will be mailed within (5) business days of User's request. OFB Games reserves the right to freeze a withdraw request if the User's OFB Games account does not clear OFB Games procedures for verifying account information and/or anti-fraud checks on playing patterns and deposits prior to processing.

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PROMOTIONAL PLAY

From time to time, OFB Games may offer users promotional play which can be used to enter pools for free. Promotional play can never be withdrawn. If a User enters a pool with promotional play and wins, the User will receive their winnings as if they entered with real money and such winnings will be withdrawable.

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POOL ENTRY

Users can access the Services to view the contest available for entry and associated entry fees (the “Pools”). The entry fee for each Pool as well as the total amount awarded is displayed on the Available Pools page of the Services. Each Pool will have a listed maximum number of entrants, a maximum number of entries a single User may submit, as well as the established entry fee. Once a user selects the Pool they wish to enter and completes the entry process the list entry fee amount will then be deducted from their account. The payout structure and maximum entries per user per Pool is listed on each Pool's “More Info” page. Entry fees will be deemed submitted by the authorized account holder of the account used to submit the entry fee. OFB's Services include information and links to additional information on responsible gaming. Additionally, OFB offers Users the ability to self-exclude from participating in OFB's Services. Users can learn more about responsible gaming, including learning about how to use the self-exclusion list at https://roster.games/pages/responsible-gaming. If a User self-excludes, they will be removed from any upcoming Pools and any paid entry fees for yet to run Pool will be refunded.

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PAYOUTS IN THE EVENT OF A TIE

In the event of multiple entrants achieving the highest scoring lineup resulting in a tie, the prize for that level will be split amongst the tying entrants - with each payout rounded down to the nearest penny if necessary.

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POOL SETTLEMENT

All pools are scored and settled according to statistical data provided by our third-party statistical aggregation vendor Sportsradar AG.

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REFUNDS

OFB will not offer refunds, except as detailed in these Terms of Use. Refunds will not be offered on Pools which have already gone live except in the instance OFB detects any fraudulent conduct and terminates the Pool or otherwise in its sole discretion determines the Pool needs to be cancelled in the interest of fairness due to circumstances outside of OFB's control such as non-rescheduled, canceled games. In the event a Pool fails to meet the minimum entry requirements, all entry fees already submitted to the Pool will be returned.

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CONDITIONS OF PARTICIPATION

By using entering a Pool or otherwise using OFB's Services Users agree to be bound by OFB's rules and scoring. Users agree to abide by the terms of each individual Pool the user enters. Each Pool is determined by the objective criteria described in the Pool rules, scoring, and any other applicable documentation associated with the Pool. OFB has the sole and final discretion on all disputes related to its Rules and Scoring, awarding of Prizes, user eligibility, and compliance with these Terms of Use. OFB, at any time and at its sole discretion may disqualify a user if it engages in conduct OFB deems to be improper or a threat to the integrity of the Services.

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Registration

All Users must meet the eligibility criteria listed above and register for an account. Users will be required to furnish complete, accurate, and current information about the user which will be used to verify and confirm the user's identity by a licensed third-party provider of “Know Your Customer” services. Providing information that is inaccurate is grounds for disqualification, suspension, and or bans from the use of the Services.

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Consent to Communications

By registering for an account, Users acknowledge and consent to OFB sending commercial communications to User. Users may opt-out of these communications at any time by using the unsubscribe functionality at the bottom of all communications.

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Collusion and Tampering

Users are prohibited from colluding with other users or engaging in collaborative entry strategies. Further, any User who attempts to use automated means to interact with the Services or to obtain or collect information on the Services will be disqualified by OFB and banned from future use of the Services.

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ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE PWA OR UNDERMINE THE LEGITIMATE OPERATION OF ANY POOL IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, OFB RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

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Taxes the Responsibility of the User

All Users are responsible for state and federal taxes. Users who win $600 or more over the prior calendar year will be required to provide updated addresses and social security numbers to OFB. OFB will issue tax forms 1099 and W2-G as required by federal and state tax laws. USER ACKNOWLEDGES THEY ARE SOLELY RESPONSIBLE FOR ALL STATE AND FEDERAL TAXES ON ANY WINNINGS THEY ACCRUE.

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Awarding a Prize and Publicity Releases

To be eligible to enter any Pool or receive any prize, the authorized account holder may be required to provide OFB with additional documentation and/or information to verify the identity of the authorized account holder, and to provide proof that all eligibility requirements are met. OFB reserves the right to investigate the identity of the authorized account holder and withhold the award of any prize if their identity of the authorized account holder cannot be determined or verified.

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Participation in each Pool must be made only as specified in the Terms of Use. Failure to comply with these Terms of Use will result in disqualification and, if applicable, prize forfeiture.

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Both Entrants and winner consent to the use of their name, voice, and likeness/photograph in and in connection with the development, production, distribution and/or exploitation of any Pool or the Services. Winners may be required to execute affidavits of eligibility as well as a publicity release before receiving any prize.

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OFB reserves the right to move entrants from the Pools they have entered to substantially similar Pools in certain situations determined necessary by OFB in its sole discretion.

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Pools are Contests of Skill

The Pools offered as part of the Services are contests of skill. Winners use their knowledge and skill to choose a lineup they believe will produce the most points under the Rules and Scoring. Winners are determined based on objective criteria provided and available to users before they submit an entry fee.

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Results and Prizes

Pool results and entry scoring are based on the final statistics and scoring results at the completion of the last professional sports game within each Pool. OFB will engage a licensed third-party to provide statistics and scoring inputs which will determine each user's entries overall all score and ranking versus the rest of the Pool they entered. If any professional governing body makes any scoring or statistical adjustment after the conclusion of a professional game the scoring results of a Pool will not change except in OFB's sole discretion.

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Winners will be finalized and announced, subject to the conditions outlined in these Terms of Use, within 24 hours of the completion of the final game in each Pool except in such circumstances where technical failure impedes determining the winner. Prizes will be deposited in each winner's account subject to the conditions in these Terms of Use after each winner's identity is verified.

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Prize tables will be created and published with each Pool.

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INDEMNIFICATION AND RELEASE

By participating any Pool, Users agree that OFB Games, and its respective parent companies, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, Web masters and their respective officers, directors, employees, representatives, designees and agents (“Released Parties”) are not responsible for lost, late, incomplete, stolen, misdirected, postage due, or undeliverable e-mail notifications or postal mail; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections or availability; or garbled, corrupt or jumbled transmissions, service provider/Internet/Website/use net accessibility, availability or traffic congestion; or any technical, mechanical, printing, or typographical or other error; or unauthorized human intervention; or the incorrect or inaccurate capture of registration information; or the failure to capture, or loss of, any such information. The Released Parties are not responsible for any incorrect or inaccurate information, whether caused by any Services users, tampering, hacking or by any of the equipment or programming associated with or utilized in the Pool and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Services. The Released Parties are not responsible for any injury or damage, whether personal or property, to participants or to any person's computer related to or resulting from participating in the Pool and/or accepting or using a Prize.

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If, for any reason, a Pool is not capable of running as planned, OFB reserves the right, in its sole discretion, to cancel the Pool and refund all entry fees.

By entering the Pool, each entrant agrees: (i) to waive any rights to claim ambiguity with respect to the Rules and Scoring; (ii) to waive all of his or her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Pool; and (iii) to forever and irrevocably agree to release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable outside attorneys’ fees) that may arise in connection with: (a) the Pool, including but not limited to any Pool-related activity or element thereof, and the entrant’s participation or inability to participate in the Pool (b) the violation of any third-party privacy, personal, publicity or proprietary rights, (c) typographical or printing errors in the Rules and Scoring or these Terms of Use, (d) any interruptions in or postponement, cancellation or modification of a Pool, (e) human error, (f) incorrect or inaccurate transcription, receipt or transmission of any part of any Pool, (g) any technical malfunctions or unavailability of the Services or any telephone network, computer system, computer online system, mobile device, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail service utilized by any of the Released Parties or by an user, (h) interruption or inability to access the Services or any online service via the Internet due to hardware or software compatibility problems, (i) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (j) the negligence or willful misconduct by a user.

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WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING OFB’S SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSIONS OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. Check local laws for any restrictions or limitations regarding these limitations or exclusions.

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TERMINATION AND SUSPENSION

OFB reserves the right to terminate or suspend users immediately, without prior notice, if in OFB's sole discretion, OFB determines the user has violated these Terms of Use. Upon termination of a user's account the user's right to use the Services immediately ceases though the rights and obligations imposed by these Terms of Use which by their nature should survive termination shall survive including without limitation warranty disclaimers, indemnity and limitations of liability.

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Questions or concerns related to suspensions or terminations can be addressed to support@ofbgames.com

Users may voluntarily terminate their accounts by using the process provided for in the Services.

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GOVERNING LAW

OFB’s Services and these Terms of Use are governed by, and will be construed in accordance with, the laws of the State of Ohio, and the forum and venue for any dispute shall be in Franklin County, Ohio. Both OFB and Users hereby waive any argument that any such court does not have personal jurisdiction or that the Forum is not appropriate or convenient. Additionally, both OFB and Users waive any and all rights to trial by jury.

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NO THIRD-PARTY BENEFICIARIES

User agrees that there are no third-party beneficiaries to these Terms of Use.

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SEVERABILITY AND WAIVER

OFB's failure to exercise any of their rights under these Terms of Use shall not constitute a waiver of such rights. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties agree that the court should nevertheless give effect to the parties' intentions as reflected in that provision and that the other provisions of these Terms of Use remain in full force and effect.

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STATUTE OF LIMITATIONS

User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

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SECTION TITLES

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