SearchSearch
My Feed!My FeedAppSign UpSign In

Big Brain Initial Material Submission ToS

If you have any questions, please take a look at our FAQs or email us at bigbrain@barstoolsports.com.

Barstool Sports, Inc. (“Barstool” or “we”, “our” or “us”) operates the Barstool Sports platform, including our websites, social media pages and apps (the foregoing shall hereinafter be collectively referred to as the “Platform”), and produces, distributes and broadcasts the program “The Big Brain” (“The Big Brain”).

These Terms and Conditions (“Agreement”) describe the agreement between you and us with respect to your submission questionnaire and any other written or recorded content or materials, including without limitation videos, photos, jingles, trade names, logos, artwork, packaging, or any other information related to your business or product (collectively, “Material” or “Your Material”), added, submitted, distributed, or posted through this or any subsequent questionnaire or any other content submission by any means including, without limitation, via upload, e-mail, DM and/or posted comment. This Agreement governs your rights, licenses, obligations and restrictions regarding submission of Material to the Platform with respect to your submission for consideration as a participant on The Big Brain.

You understand and acknowledge that you cannot be considered as a participant on The Big Brain without your agreement to the terms set forth herein. Accordingly, you hereby acknowledge and agree to the following Terms and Conditions. You understand and agree that submission of Your Materials does not guarantee that You will be selected as a participant on The Big Brain, and that selection for further consideration in this selection process is in Barstool Sports’ sole discretion. Additionally, You understand and acknowledge that you will not be given any compensation of any kind for submission of Your Materials to us hereunder.

Exclusive License Grant

By submitting or posting Material to us or our Platform in any manner, and in consideration for a potential opportunity to appear on The Big Brain, you automatically grant us, or warrant that the owner of such content has expressly granted us, the perpetual, irrevocable, sublicensable and transferable, exclusive right and license to use, copy, reproduce, publish, distribute, license to others, perform, enforce, edit, modify, prepare derivative works of, and otherwise exploit your Material, and any clips, images, or portions thereof, in any and all media, formats and channels, including on our Platform, and in merchandise related thereto.

To the extent any of Your Material you submit includes name, image, voice, or performance of you or anyone else, you acknowledge and agree that licenses herein shall apply to the same. Except where prohibited by applicable law, by submitting Your Material through the Platform, you are waiving and agreeing not to assert any of the following potential claims based upon our use of Your Material as described herein: (i) copyright infringement; (ii) violation of your rights of publicity; (iii) defamation, and/or (iv) “moral” rights or claims resulting from our alteration of Your Material.

Subject to these grants, you retain any and all rights which may exist in Your Material.

Non-Confidential

You understand and agree that the information related to the products, service, businesses, or business plans described and/or shown in Your Material may be similar to, or identical to information concerning a product, services, business, or business plan that Barstool Sports has independently received previously, or will independently receive in the future, from a third party. You understand and agree that Your Material is submitted freely by you, and any and all information contained therein shall be deemed to be non-confidential and Barstool Sports is under no obligation to keep your Material confidential. Barstool Sports is free to share and disclose Your Material with third-parties on an unrestricted basis. Furthermore, you understand and agree that Barstool Sports’ selection or use, now or in the future, of a product, service, or business similar or identical to yours, shall in no way entitle you to any compensation or consideration, provided that Barstool Sports has an independent legal right to use such product, service, or business.

Disclaimers And Limitation Of Liability

THE PLATFORM, SUBMISSION PAGE, AND ALL PRODUCTS AND SERVICES OFFERED HEREON ARE PROVIDED BY US AND OUR WEBHOST ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BARSTOOL SPORTS DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WITHOUT LIMITING THE FOREGOING, NEITHER BARSTOOL SPORTS NOR ANY BARSTOOL PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE PLATFORM, INCLUDING THIS SUBMISSION PAGE, OR THE INFORMATION OR PRODUCTS INCLUDED THEREON; (II) THAT USE OF THE PLATFORM WILL BE 100% SECURE, UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, OR SERVICE, PROVIDED THROUGH THE PLATFORM; OR (IV) THAT THE SERVERS, OR EMAILS SENT FROM OR ON BEHALF OF BARSTOOL, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

BARSTOOL EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTIONS OF ITS USERS OR THE CONTENTS OF ANY USER CONTENT.

NEITHER BARSTOOL SPORTS NOR ANY BARSTOOL PROVIDER WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE PLATFORM EVEN IF BARSTOOL SPORTS OR SUCH BARSTOOL PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.

Legality

You are subject to all laws of the state(s) and countries in which you reside and from which you access the Platform and are solely responsible for obeying those laws. You agree Barstool Sports cannot be held liable if laws applicable to you restrict or prohibit your participation. Barstool Sports makes no representations or warranties, implicit or explicit, as to your legal right to participate in any Platform, contests, sweepstakes or tournaments offered through the Platform nor shall any person affiliated, or claiming affiliation with the Platform have authority to make any such representations or warranties.

Representations And Warranties

You represent and warrant that Your Material will not violate any of the prohibitions described above.

Without limiting the foregoing, you further represent and warrant that:

  1. The information You provided in the submitted Material provided is true and accurate.
  2. You did not, without necessary permission, copy, rip, download, or otherwise take Your Material from any third party.
  3. You have not previously granted any rights to Your Material to any third party.
  4. You own or have the necessary licenses, rights, consents, and permissions to use and authorize us to include and use Your Material in the manner contemplated by this Agreement and that Your Material will not violate or infringe upon the intellectual property rights, the rights of privacy or publicity, or any other rights of any third party.
  5. You have the express consent of every party prominently featured in Your Material to license Your Material to us for the uses contemplated under this Agreement.

General Release And Indemnity

You hereby release Barstool Sports, the Barstool Providers, our subsidiaries, and affiliates, and our respective officers, agents, partners and employees to the maximum extent allowed by law of and from any and all claims, costs, demands and liabilities of every kind whatsovever, known or unknown, that may arise in conjunction with Your Material.

You further agree to indemnify and hold Barstool, the Barstool Providers, our subsidiaries, and affiliates, and our respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys fees, that may arise in relation to Barstool Sports’ use of Your Material or any rights granted by You to Barstool Sports herein in any manner, or as a result of any breach or alleged breach of any of my representations or warranties herein.

Applicable Law; Jurisdiction

The Platform and this submission page are created and controlled by us in the State of New York. As such, the laws of the State of New York will govern this Agreement, without giving effect to any provisions of New York law that direct the choice of another state’s laws.

Subject to the Binding Arbitration section below, you hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of New York and of the United States of America located in the State of New York for any litigation arising out of or relating to use of or purchase made through the Platform (and agree not to commence any litigation relating thereto except in such courts), waive any objection to the laying of venue of any such litigation in the New York Courts and agree not to plead or claim in any New York Court that such litigation brought therein has been brought in an inconvenient forum.

Binding Arbitration

Any controversy or claim arising out of or relating to this Agreement or any related agreement, their enforcement or interpretation, or because of an alleged breach, default or misrepresentation in connection with any of their provisions, shall be determined by binding arbitration. The arbitration proceedings shall be held and conducted by a single arbitrator in accordance with the Comprehensive Arbitration Rules and Procedures of JAMS (the “JAMS Rules”), as modified by this Agreement. Such arbitration shall occur in New York, New York, and be initiated by any party in accordance with the JAMS Rules. The demand for arbitration shall be made by any party hereto within a reasonable time after the claim, dispute or other matter in question has arisen, and in any event shall not be made after the date when institution of legal proceeding, based on such claim, dispute or other matter in question, would be barred by the applicable statute of limitations. Discovery issues shall be decided by the arbitrator. Post-hearing briefs shall be permitted. The arbitrator shall render a decision within twenty (20) days after the conclusion of the hearing(s). In reaching a decision, the arbitrator shall have no authority to change, extend, modify or suspend any of the terms of this Agreement, or to grant an award or remedy any greater than that which would be available from a court under the statutory or common law theory asserted. The arbitrator shall issue a written opinion that includes the factual and legal basis for any decision and award. The arbitrator shall apply the substantive law (and the law of remedies, if applicable) of New York or federal law, or any of them, as applicable to the claim(s) asserted. Judgment on the award may be entered in any court of competent jurisdiction. The parties may seek, from a court of competent jurisdiction, provisional remedies or injunctive relief in support of their respective rights and remedies hereunder without waiving any right to arbitration. However, the merits of any action that involves such provisional remedies or injunctive relief, including, without limitation, the terms of any permanent injunction, shall be determined by arbitration under this paragraph. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator shall allocate all costs and expenses of the arbitration (including legal and accounting fees and expenses of the respective parties) to the parties in the proportions that reflect their relative success on the merits (including the successful assertion of any defenses).

Severability

The provisions of this Agreement are intended to be severable. If for any reason any provision of this Agreement shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

Incorporation Of Terms Of Use And Privacy Policy

This Agreement supplements our Terms of Use and our Privacy Policy, the provisions of which are hereby incorporated by this reference and constitute the remainder of the terms governing the submission of Your Content. By submitting Your Material, you are representing that you have read and agree to both agreements. In the event of any inconsistency or conflict between this Agreement and the Barstool Sports’ Terms of Use and Privacy Policy, the terms of this Agreement shall control.

Please contact us at support@barstoolsports.com with any questions regarding this Agreement.