WINDFALL SPORTS, LLC
TERMS & CONDITIONS
Effective Date: September 1, 2026
IMPORTANT NOTICE: PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. THEY CONTAIN A BINDING INDIVIDUAL ARBITRATION PROVISION AND A CLASS ACTION WAIVER (SECTION 18) THAT AFFECT YOUR LEGAL RIGHTS, A LIMITATION OF WINDFALL’S LIABILITY (SECTION 16), AND A ONE-YEAR LIMITATION ON THE TIME TO BRING CLAIMS (SECTION 20). WINDFALL IS A FREE-TO-PLAY, SKILL-BASED FANTASY SPORTS GAME. IT INVOLVES NO REAL-MONEY ENTRY FEES, NO WAGERING, AND NO CASH OR OTHER PRIZES OF MONETARY VALUE. THE SERVICES ARE AVAILABLE FOR ENTERTAINMENT IN ALL 50 STATES AND THE DISTRICT OF COLUMBIA TO USERS WHO ARE AT LEAST 18 YEARS OLD. YOU MAY CONSULT AN ATTORNEY BEFORE ACCEPTING THESE TERMS, AND WE ENCOURAGE YOU TO DO SO.
These Terms & Conditions (the “Terms”) constitute a binding agreement between you and Windfall Sports, LLC governing your access to and use of the Windfall fantasy sports platform, mobile application, websites, and related services (collectively, the “Services”). Windfall is a free-to-play, skill-based fantasy sports game in which users construct lineups and compete in daily and weekly Contests against other users for standings and bragging rights. The Services involve no purchases, no entry fees, no wagering, and no cash or other prizes of monetary value. The Privacy Policy and any posted contest rules are incorporated into these Terms by reference. By creating an Account or otherwise accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.
In these Terms, “Windfall,” “we,” “us,” and “our” mean Windfall Sports, LLC, a Utah limited liability company, together with its affiliates, officers, directors, employees, and agents. “Site” means www.windfallsports.com and any related website. “App” means the Windfall mobile application. “Services” means the Site, the App, and our fantasy sports contest services. “Contest” means a free fantasy sports contest offered through the Services. “Windfall Points” has the meaning given in Section 7. “User,” “you,” and “your” mean the person agreeing to these Terms.
1. Acceptance of Terms
By downloading the App, accessing the Site, creating an Account, entering a Contest, or clicking “I agree” (or similar), you acknowledge that you have read and understood these Terms; represent that you are at least 18 years old and able to enter into a binding contract; and agree to be legally bound by these Terms, the Privacy Policy, and all posted rules. You also agree, subject to your right to opt out under Section 21, to resolve disputes through binding individual arbitration, and you agree to the limitations of liability and time to bring claims in Sections 19 and 23. If you do not agree to these Terms, do not use the Services.
2. Modifications to These Terms
We may modify or replace these Terms at any time in our discretion. The most current version will be posted on the Site and App, and we will update the Effective Date above. Changes are not retroactive and do not apply to any dispute for which a validly filed arbitration or court proceeding is already pending. Your continued use of the Services more than seven days after revised Terms are posted constitutes acceptance of the revised Terms. Any Contest already in progress is governed by the version of these Terms in effect when the Contest began. We may also modify, suspend, or discontinue any part of the Services at any time without liability to you.
3. Eligibility to Use the Services
3.1 Age
You must be at least 18 years of age to create an Account or use the Services. The Services are intended solely for adults. It is your responsibility to ensure that your use of the Services is permitted where you are located.
3.2 Availability
Windfall is free to play. The Services require no purchase, charge no entry fee, and award no cash or other prize of monetary value. Because the Services do not involve wagering, real-money entry, or cash prizes, they are available for entertainment to Users who are at least 18 years old in all 50 states and the District of Columbia, subject to these Terms and any posted contest rules. You never need to pay anything to create an Account, enter a Contest, or use any feature of the Services.
3.3 General Representations
By creating an Account or using the Services, you represent and warrant that you are at least 18 years old; you are a resident of the United States; the information you provide is accurate and you will keep it current; you are not impersonating any person or entity; and you will comply with these Terms and all applicable laws.
4. Your Account
4.1 One Account; No Multi-Accounting
You may establish and maintain only one Account. You may not create, control, or use more than one Account, share or co-own an Account, use another person’s Account, or transfer Windfall Points between Accounts (collectively, “Multi-Accounting”). If we determine in our discretion that you have engaged in Multi-Accounting, we may suspend or terminate any or all associated Accounts, cancel pending entries, void and recover any Windfall Points derived from the conduct, remove associated standings or achievements, and report the activity to relevant authorities.
4.2 Account Security
You are responsible for maintaining the confidentiality of your login credentials and for all activity under your Account. Use a strong password and notify us immediately of any unauthorized use or security breach. We are not liable for any loss arising from your failure to safeguard your Account, and we may require a password reset if we believe your credentials have been compromised.
5. License Grant and Reservation of Rights
Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Services for your personal, non-commercial use. The Services are licensed, not sold, to you. You may not copy, modify, distribute, sell, sublicense, reverse engineer, or create derivative works of the Services, remove any proprietary notices, or use the Services for any commercial purpose. All right, title, and interest in the Services, including all intellectual property rights, remain with Windfall and its licensors. We may terminate this license at any time if you breach these Terms.
6. Contests; Games of Skill; No Wagering
After creating an Account, you may view and enter the Contests available to you. All Contests are free to enter and have no monetary value. Windfall Contests are contests of skill. Outcomes are determined by participants’ knowledge and skill in selecting and managing lineups based on the statistical performance of real-world athletes, applied to predetermined scoring rules. Winning or placing in a Contest earns you standings, rankings, achievements, and in-site recognition only; Contests do not award cash, and Windfall grants no prize of monetary value. The Services are not a platform for gambling, wagering, sports betting, or any game of chance, and you agree not to use them as such. Posted contest rules govern over these Terms as to contest mechanics in the event of a conflict.
7. Contest Results, Scoring, and Cancellations
We are the final authority on Contest scoring and results, subject to good-faith correction of clear errors, including statistical corrections from our third-party data providers. We may cancel, shorten, suspend, or void any Contest, lineup, or entry affected by error, malfunction, an event beyond our reasonable control, or suspected fraud or manipulation, and we may reverse any Windfall Points or standings awarded in error. Because Contests are free and award no prizes of monetary value, you are not entitled to any payment, refund, or compensation if a Contest is canceled, corrected, or voided.
8. Prohibited Conduct
You agree not to: use the Services in violation of any law or these Terms; misrepresent your identity or age; use bots, scripts, or automated means to access the Services or enter Contests; collude with other users or exploit any error or bug to gain an unfair advantage; interfere with or disrupt the Services or attempt unauthorized access to any system or account; introduce viruses or malicious code; scrape or harvest other users’ information; or use the Services for any commercial purpose without our consent. We may investigate suspected violations, disqualify entries, remove content or standings, suspend or terminate Accounts, and cooperate with law enforcement.
9. Community Conduct; No Harassment or Bullying
Windfall is a community, and we expect you to treat other users, our staff, and third parties with respect. You agree not to engage in, and not to use the Services to facilitate, harassment, bullying, intimidation, threats, stalking, or abusive, hateful, or demeaning conduct toward any person. This includes hate speech or slurs; content that harasses or targets a person or group based on race, ethnicity, national origin, religion, sex, gender identity, sexual orientation, disability, age, or another protected characteristic; sexual harassment or unwanted sexual content; sharing another person’s private or personal information without permission (“doxxing”); and encouraging or coordinating any of the foregoing. You are responsible for how you interact with others through usernames, messages, chat, forums, User Content, and any social features. We may, in our discretion and without notice, remove content, mute, suspend, or terminate Accounts. If you experience or witness harassment or abuse, please report it to support@windfallsports.com.
10. Intellectual Property and User Content
The Windfall name, logos, and all content and software associated with the Services are owned by Windfall or its licensors and are protected by intellectual property laws. You receive no right to use them except as expressly permitted. If you post or share content through the Services (“User Content”), you are responsible for it, you represent that you have the right to post it, and you grant Windfall a worldwide, royalty-free, sublicensable license to use, reproduce, modify, and display it in connection with operating and promoting the Services. You may not post content that is unlawful, infringing, defamatory, obscene, harassing, or otherwise objectionable (see Section 9), and we may remove User Content at our discretion.
11. Publicity
If you win or place in a Contest, you agree that we may, where permitted by law and subject to the Privacy Policy, use your username and state of residence to announce Contest results and leaderboards. We will not use your full name or likeness for advertising without your consent, except as required to administer Contests or comply with law.
12. Communications, Text Messages, and Carrier Fees
By creating an Account, you consent to receive communications from us electronically, including by email, push notification, and, where you provide a mobile number, by text message (SMS/MMS). Marketing text messages are sent only with your consent, and consent is not a condition of using the Services. Message frequency varies, and message and data rates may apply. You may opt out of marketing texts at any time by replying STOP to a message or by adjusting your notification settings; we may still send transactional or service messages (such as security, account, or contest notices). You are responsible for any carrier, text, or data charges you incur. You represent that you are the subscriber or customary user of any phone number you provide and will notify us if it changes.
13. Privacy and Data
Your privacy matters to us. Our Privacy Policy explains what information we collect, how we use and disclose it, and the choices and rights you have, and it is incorporated into these Terms by reference. By using the Services, you acknowledge the practices described in the Privacy Policy. The Services use cookies, mobile advertising identifiers, and third-party analytics and advertising software development kits (SDKs) to operate the Services, measure performance, and deliver and measure advertising, including interest-based advertising. Depending on your device and state of residence, you can limit some of this activity through your device settings (for example, by resetting or limiting your advertising identifier), through your browser (including Global Privacy Control signals where we honor them), and through the opt-out choices described in the Privacy Policy, including the “Do Not Sell or Share My Personal Information” control. Because the Services are directed only to users who are at least 18 years old, we do not knowingly collect personal information from children under 13.
14. Third-Party Links and Services
The Services may contain links to, or integrate with, third-party websites, applications, and services that we do not control, including social media platforms, analytics providers, and advertisers. We are not responsible for the content, products, or privacy and data practices of those third parties. Your dealings with third parties are solely between you and them, and their terms and privacy policies govern. We encourage you to review them.
15. Disclaimers
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT STATISTICS OR SCORING PROVIDED THROUGH THIRD PARTIES WILL BE ACCURATE. YOU USE THE SERVICES AT YOUR OWN RISK.
16. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WINDFALL OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR DATA, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WINDFALL’S TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED TWO HUNDRED FIFTY U.S. DOLLARS ($250). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
17. Indemnification
You agree to indemnify, defend, and hold harmless Windfall and its affiliates, officers, directors, employees, and agents from any claims, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Services, your User Content, your violation of these Terms or any law, or your infringement of any third party’s rights.
18. Dispute Resolution, Arbitration, and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES INDIVIDUAL ARBITRATION AND WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION, UNLESS YOU OPT OUT.
18.1 Informal Resolution
Before commencing arbitration, you agree to first contact us at support@windfallsports.com with a written description of your dispute and to attempt in good faith to resolve it informally for at least 60 days. This requirement applies to both parties.
18.2 Binding Arbitration
Except for the excepted claims below, you and Windfall agree to resolve all disputes arising out of or relating to these Terms or the Services through final and binding individual arbitration administered by a recognized arbitration provider (such as the American Arbitration Association or JAMS) under its consumer arbitration rules. The Federal Arbitration Act governs this provision. The arbitrator decides threshold issues of arbitrability. Either party may instead bring an individual claim in small claims court if it qualifies, and either party may seek injunctive relief to protect intellectual property rights in court.
18.3 Class Action and Jury Trial Waiver
YOU AND WINDFALL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF ONLY ON AN INDIVIDUAL BASIS. YOU AND WINDFALL WAIVE ANY RIGHT TO A JURY TRIAL.
18.4 Mass Arbitration
If 25 or more similar arbitration demands are submitted by or with the coordination of the same or coordinated counsel within a 60-day period, the parties agree those demands will be administered in sequential batches under the provider’s mass-arbitration rules, to achieve efficient and cost-effective resolution. This does not authorize class or collective arbitration.
18.5 30-Day Right to Opt Out
You may opt out of Sections 21.2 through 21.4 and 21.6 by sending written notice to support@windfallsports.com within 30 days after you first accept these Terms, stating your name and intent to opt out of arbitration. Opting out will not affect any other provision of these Terms.
18.6 No Collective Recovery
To the fullest extent permitted by law, you waive any right to recover damages on behalf of any other person, any multiplied or treble damages, and any award of class-wide or representative relief, and you agree not to seek or accept any such relief. Only individual relief is available.
19. Governing Law and Venue
These Terms are governed by the laws of the State of Utah. To the extent any dispute is not subject to arbitration, it will be brought exclusively in the state or federal courts located in Salt Lake County, Utah, and you consent to the personal jurisdiction of those courts.
20. Limitation of Time to Bring Claims
ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUES, OR IT IS PERMANENTLY BARRED, EXCEPT WHERE A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW.
21. Term and Termination
These Terms remain in effect while you use the Services. You may close your Account at any time. We may suspend or terminate your Account or access to the Services at any time, with or without notice, for any reason, including a violation of these Terms. Provisions that by their nature should survive termination will survive, including ownership, disclaimers, limitations of liability, indemnification, and dispute resolution.
22. General Provisions
These Terms, together with the Privacy Policy and posted contest rules, are the entire agreement between you and Windfall regarding the Services and supersede prior agreements. If any provision is held unenforceable, the remaining provisions remain in effect, and the unenforceable provision will be modified to the minimum extent necessary. We may assign these Terms; you may not. Our failure to enforce any provision is not a waiver. We are not liable for any failure or delay caused by events beyond our reasonable control. We may provide notices to you by posting on the Services or by email to the address on file. There are no third-party beneficiaries to these Terms.
23. Contact
Questions about these Terms may be directed to Windfall Sports, LLC at support@windfallsports.com.