WINITALL TERMS AND CONDITIONS
IMPORTANT LEGAL NOTICE REGARDING TERMS OF USE OF WINITALL
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE WINITALL APPLICATION (“APPLICATION” OR “PLATFORM”). BY ACCESSING OR USING THE APPLICATION, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS (“TERMS”). IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE APPLICATION.
1. Introduction
Welcome to WINITALL, a fantasy sports platform. These Terms govern your access to and use of the Application, including any content, functionality, and services offered on or through the Application.
2. Eligibility
You must be at least eighteen (18) years old to create an account and participate in any fantasy contests on the Application. Participation is only permitted within jurisdictions where fantasy sports contests are legal. It is your responsibility to ensure compliance with local, state, and federal laws. Each individual is limited to one (1) account. Creating multiple accounts may result in suspension or termination.
Excluded persons include employees, officers, directors, agents, and representatives of the Company, as well as their immediate family and household members. Professional athletes, coaches, team owners, and officials who could impact the outcome of real-world sporting events are prohibited from participating. Individuals who have self-excluded or are on any exclusion list are also prohibited from participating..
3. Account Registration and Security
When creating an account, you agree to provide accurate, current, and complete information. You must promptly update your account information to keep it accurate and complete. You are responsible for maintaining the confidentiality of your login credentials and agree to notify us immediately at support@winitall.com of any unauthorized use or suspected breach of security. Sharing your account or allowing another person to access your account is strictly prohibited. The Company reserves the right to suspend or terminate accounts suspected of unauthorized use.
4. Participation in Contests
Contests are open only to eligible users who have registered an account. Entry fees, if applicable, must be paid in full prior to participation. All participants must comply with the Game Rules, which are incorporated by reference and available within the Application. If you fail to submit a pick before the deadline, the Autopick feature will select a team on your behalf as per the criteria outlined in the Game Rules.
The Company reserves the right to cancel, modify, or suspend any contest at its sole discretion. In the event of cancellation, entry fees will be refunded to your account balance.
5. Financial Terms
All deposits must be made in U.S. dollars using authorized payment methods. You represent that you are the lawful owner of the payment method used. You may request a withdrawal of your available funds at any time. Withdrawal requests will be processed within ten (10) business days unless there is a reason to suspect a violation of these Terms or applicable laws.
The Company may require verification of your identity before processing deposits or withdrawals. You may be asked to provide documentation such as a driver’s license or other proof of identity. Any chargebacks or payment disputes may result in suspension or termination of your account. The Company reserves the right to recover funds owed due to chargebacks.
6. Responsible Gaming
We offer a self-exclusion program that allows you to restrict your access to the Application for periods of one (1) year, five (5) years, or a lifetime. Self-exclusion is irrevocable for the chosen period. To self-exclude, you can access the self-exclusion section through your account settings within the Application or contact us via email at support@winitall.com.
If you believe you have a gambling problem, contact the National Problem Gambling Helpline at 1-800-GAMBLER.
7. Prohibited Conduct
The use of unauthorized scripts, bots, or automated tools is strictly prohibited. Only tools that have been reviewed and authorized by the Company are permitted. Any form of collusion, team play, or sharing of information to gain an unfair advantage is prohibited. Engaging in fraudulent activities, including but not limited to payment fraud or game manipulation, is prohibited. Creating or using multiple accounts is prohibited and may result in termination. You agree to comply with all applicable laws and regulations. Illegal activities will be reported to the appropriate authorities.
8. SMS/MMS and Telemarketing Compliance
(a) Compliance with Laws
You agree to comply with all applicable laws, rules, and regulations relating to telemarketing and text messaging, including but not limited to the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, and any other relevant telemarketing or data protection regulations in your jurisdiction.
(b) Express Written Consent
Where required by law, you agree to obtain express written consent from your contacts before sending them SMS/MMS messages or making marketing calls. This includes clearly communicating the nature of the messages or calls, the frequency, and any additional costs that may be incurred by the recipient.
(c) Opt-Out Mechanism
You agree to include a clear and conspicuous opt-out mechanism (such as “Reply STOP to unsubscribe”) in every marketing communication you send. You further agree to honor all opt-out requests promptly, ensuring that no further SMS/MMS messages or calls are made to any contact who has unsubscribed.
(d) Prohibited Content and Conduct
You may not send threatening, abusive, libelous, defamatory, obscene, or otherwise unlawful messages or content. You are strictly prohibited from using the Application or its services to send spam, unsolicited messages, or other communications that violate any applicable laws or regulations.
9. Privacy Policy
We collect personal information necessary for account creation, verification, and operation of the Application. Personal data is used in accordance with our Privacy Policy. We employ industry-standard security measures to protect your data. Personal data may be shared with third parties only as necessary for operating the Application and as required by law.
10. Complaints and Dispute Resolution
If you have a complaint, contact us at support@winitall.com or through the “Submit a Complaint” feature within the Application. We will acknowledge receipt of your complaint within twenty-four (24) hours. We aim to investigate and respond to all complaints within ten (10) calendar days.
Any disputes arising from these Terms or use of the Application shall be governed by the laws of the State of Michigan. You agree to resolve disputes through binding arbitration in accordance with the rules of the American Arbitration Association.
11. Intellectual Property Rights
All content, trademarks, service marks, logos, and data on the Application are the property of the Company or its licensors. You are granted a limited, non-exclusive, non-transferable license to access and use the Application for personal, non-commercial purposes. You may not modify, reproduce, distribute, create derivative works of, publicly display, or otherwise exploit any of the material on our Application without prior written consent.
12. Disclaimer of Warranties
The Application is provided on an “as is” and “as available” basis. The Company disclaims all warranties, express or implied, including but not limited to merchantability, fitness for a particular purpose, and non-infringement. The Company does not guarantee that the Application will be error-free, secure, or uninterrupted.
13. Limitation of Liability
In no event shall the Company be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Application. The Company’s total liability to you for all claims arising from your use of the Application shall not exceed the total amount of fees paid by you to the Company in the six (6) months preceding the claim.
14. Indemnification
You agree to indemnify, defend, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, agents, licensors, and suppliers from and against all claims, liabilities, damages, losses, costs, expenses, or fees arising out of or relating to your violation of these Terms or your use of the Application.
15. Modifications to the Terms
We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting the updated Terms on the Application. We will notify users of significant changes via email or Application notifications. Your continued use of the Application after any such changes constitutes your acceptance of the new Terms.
16. Termination
We may suspend or terminate your account and access to the Application at our sole discretion for any reason, including violation of these Terms. You may terminate your account at any time by contacting support@winitall.com. Upon termination, all rights granted to you under these Terms will cease immediately. You remain responsible for any outstanding obligations incurred prior to termination.
17. Miscellaneous
These Terms constitute the entire agreement between you and the Company regarding the Application. If any provision of these Terms is held invalid or unenforceable, such provision shall be struck, and the remaining provisions shall remain in full force and effect. The failure of the Company to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You may not assign your rights or obligations under these Terms without our prior written consent. These Terms are governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflict of law provisions.
18. Contact Information
If you have any questions, concerns, or comments about these Terms, please contact us at:
Email: support@winitall.com
Acknowledgment
By creating an account and participating in any contests on the Application, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions and the Game Rules.
