1. Agreement to These Terms
These Terms of Use and Entry Agreement (the “Terms”) are a binding agreement between you and Legendary Stakes, Inc., a Delaware corporation with its principal place of business at 1790 FM 2871, Fort Worth, Texas 76126 (“Legendary Stakes,” “we,” “us,” or “our”).
The Terms govern your use of legendarystakes.com, app.legendarystakes.com, the Legendary Stakes mobile applications for Android and iOS, and all related services, content and features (together, the “Platform”).
By creating an account, entering an event, enrolling a horse, or otherwise using the Platform, you accept these Terms. If you do not accept them, do not use the Platform.
2. What Legendary Stakes Is
Legendary Stakes operates an enrollment and incentive program layered on top of events produced by breed associations, event producers and show management. We do not produce the underlying events. Associations and producers set their own entry requirements, judging, scoring and conduct rules, and those rules govern the competition itself.
The Platform provides horse and participant records, enrollment, event entry, results, standings, purse allocation and royalty distribution. Program mechanics, including point structures, purse allocation and royalty percentages, are set out in the current Legendary Stakes Rules and Handbook, which is incorporated into these Terms by reference. Where these Terms and the Rules and Handbook conflict, these Terms control.
3. Eligibility and Accounts
-
You must be at least eighteen years old and able to form a binding contract to hold an account.
-
Where a youth competes, a parent, legal guardian or other adult of record must hold and manage the account and is responsible for all activity under it. Payouts are made to that adult.
-
You must provide accurate, current and complete information and keep it up to date.
-
You are responsible for keeping your credentials confidential and for all activity under your account. Notify us promptly at support@legendarystakes.com if you suspect unauthorized use.
-
One account per person. Do not share, sell or transfer an account.
4. Enrollment, Entry and Fees
-
Enrollment. Stallion and horse enrollment fees, and the disciplines each enrollment covers, are stated at the time of enrollment. Enrollment fees are non-refundable once the enrollment period opens, except as expressly stated in the Rules and Handbook.
-
Entries. Event entry fees are stated at the time of entry. Entries are made against the Legendary Stakes program and are separate from any entry fee owed to the event producer or association.
-
Payment. Fees are charged through our payment processor when you submit the enrollment or entry. You authorize us to charge the payment method you provide for all fees you incur.
-
Refunds. Refund eligibility, scratch and withdrawal deadlines are governed by the Rules and Handbook in effect at the time of entry. Fees for an event that Legendary Stakes cancels are refunded or credited at our election.
-
Taxes. You are responsible for any taxes arising from your participation or your earnings.
5. Purses, Payouts and Royalties
-
Purses are funded by the fees paid by participants in the applicable program, as described in the Rules and Handbook.
-
A qualifying result may generate payouts to as many as five parties: the owner, the rider, the breeder, the dam owner and the sire owner of record. Eligibility depends on enrollment status and on the records of the applicable breed registry at the time of the result.
-
Payouts are calculated from the official results provided by the event producer or association. Corrections issued by a producer or association will be reflected in a corrected payout, and we may recover any overpayment.
-
We require a completed Form W-9 or equivalent tax documentation before releasing a payout, and we will issue tax forms as required by law.
-
No guaranteed earnings. Nothing on the Platform, in our marketing, or in any projection, calculator or model is a promise of earnings. Purse and royalty figures shown before an event are estimates based on assumed participation. Actual results vary.
-
Unclaimed payouts are handled under applicable unclaimed property law.
6. Skill Competition, Not Gambling
Legendary Stakes is a skill-based competition program. Entry fees are consideration for participation in a judged or timed athletic competition, and outcomes are determined by the performance of the horse and rider under the rules of the producing association. The Platform does not offer wagering, betting, pari-mutuel pools, games of chance, casino-style games, or the exchange of anything of value for a random outcome.
7. Records, Results and Data Accuracy
Horse, pedigree, earnings and results records on the Platform are compiled from breed registries, associations, event producers and public industry sources. We work to keep them accurate, but we do not warrant that any record is complete or error free, and registry records remain the controlling source of truth for registration and ownership.
If you believe a record is wrong, contact support@legendarystakes.com with the correction and supporting documentation. We will review it and correct the record where the documentation supports the change. Corrections to results and earnings are made only on confirmation from the producing association or event producer.
8. Assumption of Risk and Equine Activity Notice
Equine activities are inherently dangerous. Legendary Stakes does not produce events, does not provide facilities, animals, veterinary care or supervision, and is not responsible for conditions at any venue.
WARNING: UNDER TEXAS LAW (CHAPTER 87, CIVIL PRACTICE AND REMEDIES CODE), AN EQUINE PROFESSIONAL IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT IN EQUINE ACTIVITIES RESULTING FROM THE INHERENT RISKS OF EQUINE ACTIVITIES.
You assume all risk of injury, death or property loss arising from your participation in any event or equine activity, whether or not that activity is connected to a Legendary Stakes program.
9. Your Content and the License You Grant Us
You keep ownership of the photos, video, horse information and other material you submit (“Your Content”). You grant Legendary Stakes a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, adapt, publish, display and distribute Your Content in connection with operating and promoting the Platform and its programs, including on our websites, apps, marketing materials and social channels.
You represent that you have the rights necessary to grant this license and that Your Content does not infringe anyone else’s rights. You may request removal of specific content at support@legendarystakes.com, and we will honor reasonable requests except where the material is part of the competition record.
10. Our Intellectual Property
The Platform, including its software, design, text, graphics, ratings methodologies, standings, compiled databases, the Legendary Stakes name and logo, and all related marks, are owned by Legendary Stakes or its licensors and are protected by intellectual property law. You may use the Platform only as these Terms permit. You may not copy, scrape, mine, republish or create derivative works from Platform data except with our prior written consent.
11. Acceptable Use
-
Do not submit false, misleading or fraudulent enrollment, entry, ownership or results information.
-
Do not access another user’s account or attempt to defeat any security or authentication control.
-
Do not scrape, crawl, harvest or bulk-download Platform data by automated means.
-
Do not reverse engineer, decompile or disassemble the app except where that restriction is prohibited by law.
-
Do not upload malware, interfere with the Platform’s operation, or place unreasonable load on it.
-
Do not harass, threaten or defame other participants, officials, event staff or our team.
-
Do not use the Platform for any unlawful purpose or in violation of association or producer rules.
12. Mobile Application License
Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to install and use the Legendary Stakes mobile application on a device you own or control, for your own non-commercial use. The app is licensed, not sold.
You obtained the app from an app store, and your use is also subject to that store’s terms. You represent that you are not located in a country subject to a United States embargo or designated as a terrorist-supporting country, and that you are not on any United States government restricted-party list.
We may issue updates, and the app may download and install them automatically. We may discontinue support for older versions.
13. Third-Party Services
The Platform integrates third-party services, including payment processing, authentication, email delivery and cloud hosting, and links to association and producer sites. We are not responsible for third-party services or content, and your use of them is governed by their terms.
14. Disclaimers
THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, LEGENDARY STAKES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, OR THAT ANY RECORD, RATING, STANDING OR PROJECTION IS ACCURATE OR COMPLETE.
15. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, LEGENDARY STAKES AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST EARNINGS, LOST DATA, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATING TO THE PLATFORM OR THESE TERMS, WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE PLATFORM OR THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS.
Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.
16. Indemnification
You will indemnify and hold harmless Legendary Stakes and its officers, directors, employees, contractors and agents from any claim, loss, liability, damage, cost or expense, including reasonable attorneys’ fees, arising out of your use of the Platform, Your Content, your participation in any equine activity, your violation of these Terms, or your violation of the rights of a third party.
17. Suspension and Termination
You may close your account at any time by contacting support@legendarystakes.com or by submitting a request at legendarystakes.com/contact. We may suspend or terminate an account, withhold a payout, or remove content if we reasonably believe you have violated these Terms, the Rules and Handbook, or applicable law, or to protect the integrity of the program.
Sections 5, 7, 9, 10, 14, 15, 16, 18 and 19 survive termination. Closing an account does not remove competition results, earnings or pedigree records from the permanent record of the sport.
18. Governing Law and Disputes
These Terms are governed by the laws of the State of Texas, without regard to its conflict of laws rules. You and Legendary Stakes agree to the exclusive jurisdiction of the state and federal courts located in Tarrant County, Texas, and each party waives any objection to venue there.
Before filing a claim, you agree to contact us at support@legendarystakes.com and give us thirty days to resolve the dispute informally.
19. General
-
Entire agreement. These Terms, the Privacy Policy and the Rules and Handbook are the entire agreement between you and Legendary Stakes about the Platform.
-
Changes. We may update these Terms. We will change the effective date and, for material changes, give notice through the Platform or by email. Continued use after a change takes effect means you accept the updated Terms.
-
Severability. If any provision is held unenforceable, the rest remains in effect.
-
No waiver. Our failure to enforce a provision is not a waiver of it.
-
Assignment. You may not assign these Terms. We may assign them in connection with a merger, acquisition or sale of assets.
-
Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control, including weather, venue closure, disease outbreak, or the cancellation of an underlying event.
20. Contact
Legendary Stakes, Inc.
1790 FM 2871, Fort Worth, Texas 76126
Email: support@legendarystakes.com
Phone: (817) 221-0778