DRAFT — pending attorney review before final publication. Not legal advice. Bracketed placeholders (entity name, addresses, dates) will be completed before these Terms take effect.

Terms of Service

Effective date: July 30, 2026

These Terms of Service ("Terms") are a binding agreement between you and Winner's Circle Picks LLC ("Winner's Circle," "we," "us"). They govern your use of the Winner's Circle mobile application and related services (the "Service"). By creating an account or using the Service, you agree to these Terms and to our Privacy Policy, Responsible Use Statement, and — if you participate in the contest — the Official Rules of The Winner's Circle Daily Prize. If you do not agree, do not use the Service.

1. What Winner's Circle is (and is not)

1.1. Winner's Circle is a sports picks platform with two independent parts. (a) Content: users make free, virtual-unit predictions ("picks") on real sporting events at real published odds, and users may purchase passes from us to view a daily allocation of picks by users who meet a published performance standard (the "Winner's Circle"). A pass is a purchase of content access from us — it is not a payment to any other user, and it cannot win the purchaser anything. (b) Contest: Winner's Circle members are eligible for "The Winner's Circle Daily Prize," a free-entry promotional skill contest sponsored and funded solely by us (Section 6). The two parts are financially independent: pass revenue never funds the prize, and no purchase affects any contest outcome.

1.2. Winner's Circle is not a sportsbook and does not accept wagers. You cannot bet money in the Service. No real money is ever staked on the outcome of any sporting event through the Service. Virtual units (Section 3) have no monetary value.

1.3. Picks are information and entertainment, not advice. Picks displayed in the Service are the opinions and predictions of individual users. They are not betting advice, financial advice, or a recommendation to place any real-money wager anywhere. We make no guarantee that any pick, member, or strategy will be successful. Past performance (including displayed records, hit rates, and unit returns) does not predict future results.

1.4. Winner's Circle is not affiliated with, endorsed by, or sponsored by any sports league, team, sportsbook, or odds provider. Odds displayed in the Service are informational reference lines from third-party data.

2. Eligibility — 18+

2.1. You must be at least 18 years old (or the age of majority in your jurisdiction, if higher) to use the Service. During signup you must attest to your date of birth; providing a false date of birth is a violation of these Terms and grounds for immediate termination.

2.2. You must be a resident of a jurisdiction where use of the Service is lawful. We may restrict availability of the Service, or of specific features (including cash prizes and cashouts), by geography at any time. Contest prizes are not available to residents of certain states (currently Washington[; the list is under legal review and may include Arizona, Hawaii, Louisiana, Montana, and Nevada]) — see the Official Rules.

2.3. One account per person. You may not create or operate more than one account (Section 8).

3. Virtual units

3.1. Each account receives a fixed allotment of 5.0 virtual units at the start of each day (midnight, US Eastern Time). Unused units do not carry over.

3.2. Units have no cash value, cannot be purchased, cannot be sold, transferred, or exchanged, and can never be converted into money or anything of monetary value. Units exist solely to score prediction skill within the Service.

3.3. Because units are free and valueless, making picks with units is not gambling: you never risk money or anything of value on the outcome of a game.

3.4. We may adjust unit mechanics (daily amounts, staking rules, qualification thresholds) prospectively at any time. Unit balances, pick results, and qualification status are computed exclusively by our servers; our records are authoritative and final.

4. Winner's Circle membership

4.1. Winner's Circle membership is a computed daily status based on published performance criteria (currently: net profit of at least +7.0 units over the trailing 7 Eastern-Time days across at least 7 settled picks, where each pick's contribution is computed as if staked at most 2.0 units, a single pick's positive contribution is capped at +4.0 units, and directly opposing picks on the same market are excluded). Criteria are displayed in the app and may change prospectively.

4.2. Membership implies listing: while you qualify, your picks on that day's games are included in the pool shown to paying pass holders, and become locked (uncancelable) once visible to any buyer. By using the Service you consent to this display of your username, picks, and performance statistics.

4.3. Membership is recalculated once per day and confers no guaranteed earnings, status, or continuation.

5. Passes and purchases

5.1. Passes. We offer paid passes that unlock viewing of a daily allocation of Winner's Circle picks:

Day Pass — $1.99 (USD): unlocks the current Eastern-Time calendar day; expires at midnight ET regardless of purchase time. A countdown to expiry is displayed before purchase.
Week Pass — $4.99 (USD): unlocks 7 consecutive Eastern-Time days starting with the purchase day. Non-renewing; not a subscription.

5.2. A pass unlocks an allocation, not everything. Each pass holder sees all picks from an assigned subset of that day's Winner's Circle members (at least 5 members, or roughly two-thirds of the Circle, whichever is greater; the whole Circle when it has 5 or fewer members). The allocation is assigned automatically, is stable for the day, and is disclosed in the app ("Your K of N Circle members today"). Different buyers see different allocations. You are not purchasing access to all picks.

5.3. A pass unlocks the day's allocation as it develops: picks from your assigned members that are placed later in the day appear when placed. Feeds may be sparse early in the day. Week passes cover future days whose contents are inherently unknown at purchase.

5.4. Purchases are processed by Stripe on an external checkout page. Your payment is subject to Stripe's terms and privacy policy. Prices are in US dollars and may change prospectively; applicable sales taxes may be added at checkout.

5.5. Refund policy. Passes are access to time-limited digital content that is delivered immediately.

All pass sales are final once you have viewed any pick under the pass. Passes deliver immediate, time-limited access to digital content.
If you purchased a pass and were unable to view any picks due to a verified technical failure on our side, contact support@winners-circle.co within 7 days and we will refund or credit the purchase at our discretion.
As a goodwill exception, if every game covered by your day pass is postponed or cancelled such that all picks in your allocation are voided, you may request a refund or replacement pass.
The Service will not sell you a pass for a day on which your allocation contains no available picks — the purchase flow is disabled in that case.
If you purchased through Apple's In-App Purchase system (where offered), refunds are handled by Apple under Apple's terms, not by us.
Initiating a chargeback instead of contacting support is grounds for account suspension.

5.6. Passes are personal to your account and non-transferable. Redistribution of pick content is prohibited (Section 8).

6. The Winner's Circle Daily Prize — a free-entry promotional skill contest

6.1. Official Rules govern. The daily prize (the "pot") is "The Winner's Circle Daily Prize," a free-entry promotional skill contest sponsored, operated, and funded solely by Winner's Circle Picks LLC. It is conducted as a series of discrete monthly promotions and is governed by its Official Rules (published on this site and presented in the app). This Section 6 is a summary; if this summary conflicts with the Official Rules, the Official Rules control.

6.2. The prize. Each day, Winner's Circle Picks LLC funds a promotional prize pool of $100.00 (USD), awarded to Winner's Circle members whose picks that day win. The prize is funded entirely by us, from our own funds. Pass purchases do not fund the prize, do not enter the purchaser into the contest, and do not affect the prize's size. No fee, rake, or deduction of any kind is taken from the prize pool. The prize figure displayed in the app is the actual amount payable to winners (the daily amount plus any rollover under Section 6.4, subject to the monthly maximum in the Official Rules).

6.3. Winner determination. After all of a day's Winner's Circle picks settle, the prize pool is divided among that day's winning Winner's Circle picks in proportion to each winning pick's capped prize weight (the lesser of the pick's net units won and 4.0 units, with directly offsetting same-day picks by the same member excluded), computed in integer cents with exact rounding so payments sum precisely to the pool. Losing, pushed, and voided picks receive nothing. The full formula, and the published 7-7-7 qualification criteria (including stake scaling, the per-pick cap, and the offsetting-picks exclusion), are stated in the Official Rules. Winners are determined by skill in sports analysis, not chance.

6.4. Rollover. If a day ends with no winning Winner's Circle pick (or an empty Circle), the entire prize pool rolls into the next day's pool, subject to the monthly aggregate prize maximum in the Official Rules (rollover counts toward the month in which it is awarded). Because the prize contains no user money, rollover days have no effect on any purchase you have made.

6.5. Prizes are credited to your in-app dollar wallet as US-dollar balances (Section 7). Contest prizes are the only way real money is ever credited to a user; units never convert to dollars.

6.6. NO PURCHASE IS NECESSARY TO PARTICIPATE, AND NO PURCHASE OR PAYMENT OF ANY KIND IS ACCEPTED AS ENTRY — ENTRY BY PURCHASE IS IMPOSSIBLE. Entry is solely by making picks with free virtual units (Section 3); there is no paid path into the contest, and buying a pass neither enters you into the contest nor improves any outcome in it. No user ever stakes, risks, or pools money on the outcome of any sporting event. Contest eligibility (18+, US residency, excluded states) is stated in the Official Rules. Apple Inc. is not a sponsor of, or involved in, this contest in any manner.

6.7. We may change contest mechanics (the daily amount, formula, or the existence of cash prizes) prospectively at any time by updating the Official Rules, including replacing cash prizes with non-cash promotional rewards. Changes never affect a prize day already funded.

7. Wallet, cashouts, and taxes

7.1. Your wallet holds US-dollar balances credited from contest prizes. Wallet balances are ledgered in integer cents; our ledger is authoritative.

7.2. Cashouts are made via Stripe Connect. Before your first cashout you must complete Stripe's identity-verification (KYC) onboarding and provide complete taxpayer identification information (IRS Form W-9 information), both collected and processed by Stripe; completing them is a precondition of any cashout. We may refuse or reverse cashouts where verification fails, fraud is suspected, these Terms were violated, or verification shows you reside in a state excluded from prize eligibility (Section 2.2 and the Official Rules).

7.3. Minimum cashout: $10.00. Cashouts are currently full-balance only. Delivery timing depends on Stripe and your bank; typical delivery is several business days after a cashout is processed.

7.4. Taxes are your responsibility. Prizes are taxable income. Where required by law, we (directly or through Stripe) will file tax information returns — for contest prizes, IRS Form 1099-MISC (currently required when your prizes total more than $2,000 in a calendar year; some states have lower thresholds) — and you agree to provide accurate taxpayer information through Stripe when requested. Consult your own tax advisor.

7.5. Wallet balances are not deposits, are not insured, bear no interest, and are not a stored-value or money-transmission product; they are unpaid contest prizes pending withdrawal. Balances associated with accounts terminated for fraud or material breach may be forfeited to the extent permitted by law. Dormant balances may be handled per applicable unclaimed-property law.

8. Prohibited conduct

You agree not to:

Multi-account: create, control, or use more than one account, or coordinate picks across accounts (including "opposite-siding" the same game across accounts) to manufacture qualification or manipulate the pot;
Automate: use bots, scripts, or automated means to create accounts, place picks, or access the Service;
Scrape or harvest any data from the Service, including picks, odds, member statistics, or user data;
Redistribute picks: republish, share, resell, screenshot-and-forward, or otherwise redistribute pick content visible under a pass, in whole or in part, to any person or channel. Pick content is licensed to you for personal, in-app viewing only. Note that each buyer's allocation is distinct, which makes leaked content statistically attributable to its source;
Collude or manipulate: collude with other users, coordinate with Winner's Circle members for off-platform compensation, or attempt to manipulate qualification, feeds, pots, or payouts;
Misrepresent your age, identity, or location, or use the Service where it is unlawful;
Reverse engineer, probe, or interfere with the Service, its security, or its economy systems;
Use the Service to facilitate unlawful gambling, or present the Service as a means of placing real-money wagers.

We may investigate suspected violations and take any action we deem appropriate, including voiding qualification, withholding payouts attributable to prohibited conduct, and terminating accounts.

9. Content and license

9.1. You retain ownership of content you submit (e.g., your username and picks) and grant us a worldwide, royalty-free license to host, display, and distribute it within the Service (including to pass holders) and in aggregate or anonymized form.

9.2. The Service, including its software, design, data compilations, and the assembled pick feeds, is owned by us or our licensors and protected by intellectual-property law. Except for the limited personal right to use the app, no rights are granted to you.

10. Account termination

10.1. You may stop using the Service at any time and may delete your account in-app (Settings → Delete Account). Deletion is permanent; any undisputed wallet balance at or above the cashout minimum should be withdrawn before deletion — contact support@winners-circle.co for balances below the minimum.

10.2. We may suspend or terminate your account at any time for violation of these Terms, suspected fraud or manipulation, legal or regulatory reasons, or discontinuation of the Service. Where reasonably practicable and lawful, we will pay out legitimately earned, undisputed wallet balances upon termination not caused by your fraud or material breach.

11. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING: WE DO NOT WARRANT THAT ODDS, SCORES, OR SETTLEMENT DATA ARE ACCURATE, COMPLETE, OR TIMELY; THAT ANY PICK WILL WIN; THAT THE WINNER'S CIRCLE WILL HAVE MEMBERS OR AVAILABLE PICKS ON ANY DAY; OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THIRD-PARTY DATA (ODDS AND SCORES) MAY CONTAIN ERRORS; SETTLEMENT DECISIONS BASED ON OUR DATA PROVIDER'S FINAL RESULTS ARE FINAL.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (a) WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL; (b) OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF (i) THE AMOUNTS YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE AND (ii) $100. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT LAWFULLY BE LIMITED.

You acknowledge that any real-money wagers you place anywhere outside the Service are entirely your own decision and responsibility; we are not liable for gambling losses of any kind.

13. Dispute resolution — arbitration and class-action waiver

Please read this section carefully. It affects your rights.

13.1. Informal resolution first. Before filing a claim, you agree to contact us at support@winners-circle.co with a written description of the dispute and give us 30 days to resolve it.

13.2. Binding arbitration. Any dispute arising out of or relating to these Terms or the Service that is not resolved informally will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court. The Federal Arbitration Act governs this section. The arbitrator's decision is final and enforceable in any court of competent jurisdiction.

13.3. Small-claims carve-out. Either party may bring an individual claim in small-claims court instead.

13.4. Class-action waiver. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims or preside over any form of representative proceeding. If this waiver is found unenforceable as to a particular claim, that claim (and only that claim) must proceed in court.

13.5. Opt-out. You may opt out of this arbitration agreement by emailing support@winners-circle.co within 30 days of first accepting these Terms, stating your account email and that you opt out of arbitration.

13.6. Fees: for claims under $10,000, we will pay AAA filing, administration, and arbitrator fees beyond the amount of a small-claims filing fee, unless the arbitrator finds the claim frivolous.

14. Governing law

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law rules, except that the Federal Arbitration Act governs Section 13. Venue for any court proceeding permitted under these Terms is the state or federal courts located in New Castle County, Delaware, and you consent to personal jurisdiction there.

15. Changes to these Terms

We may update these Terms from time to time. Material changes will be announced in the app or by email at least 14 days before they take effect (except changes required by law, which may take effect immediately). Continued use of the Service after the effective date constitutes acceptance. Changes are prospective only.

16. Miscellaneous

These Terms (with the Privacy Policy and the contest Official Rules) are the entire agreement between you and us regarding the Service. If any provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets. Apple Inc. is a third-party beneficiary of these Terms solely for iOS distribution purposes and has no obligation to furnish maintenance or support for the app.

17. Contact

Winner's Circle Picks LLC
137 E 38th St., New York, NY 10016
Support: support@winners-circle.co

Last updated: July 16, 2026