Terms of Service

These Terms of Service (the "Terms") govern your access to and use of WinDailyGames.com (the "Site"), operated by Flatiron Media, LLC ("Flatiron Media," "we," "us," or "our"). By accessing or using the Site, you agree to be bound by these Terms. If you do not agree, do not use the Site.

These Terms include, among other important provisions, a binding arbitration agreement and a class-action waiver in Section 12. Please read them carefully.

1. Eligibility

You must be at least 18 years old and a legal resident of the United States to use the Site. By using the Site, you represent and warrant that you meet these requirements. The Site is not directed to children under 13, and we do not knowingly permit anyone under 18 to register or participate.

The Site is offered only in the United States. We make no representation that the Site is appropriate or available for use outside the United States.

2. Account Registration and Responsibilities

To play games, enter sweepstakes, and earn tokens on the Site, you must register for an account. When you register, you agree to:

• Provide accurate, complete, and current information
• Maintain the security of your password and account credentials
• Notify us immediately of any unauthorized access or use of your account
• Be responsible for all activity that occurs under your account
• Use only one account per person — multi-account use is prohibited and will result in disqualification from sweepstakes and account termination

You may not transfer, sell, or share your account with anyone else. We reserve the right to suspend or terminate any account that we believe is being used in violation of these Terms.

3. Sweepstakes and Games

The Site offers daily sweepstakes drawings, instant-win games, trivia games, and a token-based engagement system. Participation in sweepstakes is governed by the Official Rules, which are incorporated into these Terms by reference. In the event of any conflict between these Terms and the Official Rules, the Official Rules control with respect to sweepstakes-specific matters.

Tokens

Tokens earned through gameplay are an in-site engagement currency. They have no monetary value, cannot be redeemed for cash, and cannot be transferred between accounts. Tokens may be redeemed only for items or entries we make available within the Site, and we reserve the right to modify or discontinue token-redemption options at any time. Unredeemed tokens are forfeited if your account is closed or terminated.

Prizes

Cash prizes and other rewards described in the Site or the Official Rules will be awarded as described, subject to verification, eligibility, and applicable law. Winners are responsible for all federal, state, and local taxes on prizes received. For prize values that meet IRS reporting thresholds (currently $600 in aggregate per winner per calendar year), winners will be required to complete a Form W-9 before the prize is delivered. Failure to complete required tax forms within the time period specified in the Official Rules will result in forfeiture of the prize.

4. Acceptable Use

When using the Site, you agree not to:

• Use any automated means (bots, scripts, scrapers, headless browsers, click farms, or similar) to access the Site, play games, or accumulate tokens
• Attempt to manipulate, defraud, or otherwise game the sweepstakes selection process
• Reverse engineer, decompile, or attempt to extract source code from the Site
• Interfere with or disrupt the Site's operation, security, or other users' use of the Site
• Use the Site to violate any law, infringe any third party's rights, or transmit any harmful code, viruses, or malware
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity
• Create multiple accounts, share accounts, or assist others in violating these Terms
• Collect, harvest, or store information about other users
• Use the Site for any commercial purpose other than personal, non-commercial entertainment

We reserve the right to investigate and take appropriate action — including suspending or terminating your account, voiding sweepstakes entries, and pursuing legal remedies — for any suspected violation.

5. Advertising and Third-Party Content

The Site contains advertisements, sponsored content, and links to third-party websites (including other Flatiron Media properties). We do not endorse, control, or assume responsibility for any third-party websites, services, or content. Your interactions with advertisers and third parties are solely between you and them.

We may place targeted advertisements based on information about your use of the Site, demographic information you provide, and gameplay activity. See our Privacy Policy for details on how we use information for advertising purposes.

6. Intellectual Property

Our Content

All content on the Site — including text, graphics, logos, icons, images, audio, video, code, software, game designs, and the overall "look and feel" — is owned by Flatiron Media or our licensors and is protected by U.S. and international copyright, trademark, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for personal, non-commercial purposes. This license does not include any right to download (other than page caching), modify, copy, distribute, transmit, display, perform, reproduce, publish, license, or create derivative works from any part of the Site.

Your Content

If you submit any content to the Site (including profile information, survey responses, support communications, or other materials), you grant Flatiron Media a non-exclusive, royalty-free, perpetual, irrevocable, transferable, sublicensable, worldwide license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in connection with operating the Site and our business.

You represent and warrant that you own or have all necessary rights to any content you submit, and that the content does not violate any law or any third party's rights.

7. Account Termination

We may suspend or terminate your account, your access to the Site, and any pending sweepstakes entries at any time, with or without notice, for any reason — including (without limitation) violation of these Terms, suspected fraud, suspected automated use, or for the convenience of Flatiron Media. Termination does not entitle you to any refund, prize, or other compensation.

You may close your account at any time by following the account-closure instructions on the Site or by contacting us. Account closure does not entitle you to recover or transfer any tokens, pending entries, or other in-site assets.

8. Disclaimers

THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, FLATIRON MEDIA DOES NOT WARRANT THAT:

• The Site will operate uninterrupted, error-free, secure, or virus-free
• Any defects will be corrected
• Sweepstakes entries will be processed without delay or error
• The information on the Site is accurate, complete, or current

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLATIRON MEDIA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE.

IN NO EVENT SHALL FLATIRON MEDIA'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100.00) OR (B) THE AMOUNT YOU HAVE PAID TO FLATIRON MEDIA IN CONNECTION WITH THE SITE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

Some jurisdictions do not allow the limitation of liability for certain damages, so some of the above limitations may not apply to you.

10. Indemnification

You agree to indemnify, defend, and hold harmless Flatiron Media, its affiliates, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with:

• Your use of the Site
• Your violation of these Terms
• Your violation of any law or any third party's rights
• Any content you submit to the Site

11. Modifications to the Site and Terms

We reserve the right to modify, suspend, or discontinue the Site (or any feature, game, or sweepstakes) at any time, with or without notice. We are not liable to you or any third party for any such modification, suspension, or discontinuance.

We may also update these Terms from time to time. When we make material changes, we will post the updated Terms on this page, update the "Effective Date" at the top, and (for registered users) notify you by email. Your continued use of the Site after the effective date of updated Terms constitutes acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Site.

12. Dispute Resolution; Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Informal Resolution First

Before initiating any formal dispute, you agree to first contact us with a written description of the dispute and your proposed resolution. We will attempt to resolve the dispute informally within 60 days of receipt.

Binding Arbitration

If we cannot resolve the dispute informally, any controversy or claim arising out of or relating to these Terms, your use of the Site, or any sweepstakes operated through the Site shall be settled by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration shall take place in Palm Beach County, Florida, or, at your election, your county of residence in the United States. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

Class Action Waiver

YOU AND FLATIRON MEDIA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. No arbitrator or court may consolidate more than one person's claims or preside over any form of representative or class proceeding.

Exceptions

Either party may bring a claim in small claims court if the claim qualifies. Either party may seek injunctive or equitable relief in court to protect intellectual property rights or to enforce the arbitration agreement.

30-Day Opt-Out Right

You may opt out of this arbitration agreement and class-action waiver by sending written notice via our contact form within 30 days of first registering for an account. The notice must include your full name, account email address, and a clear statement that you wish to opt out of arbitration. Opting out does not affect any other provision of these Terms.

13. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of New York, without regard to conflict-of-law principles. Subject to the arbitration provisions in Section 12, any judicial proceeding shall be brought exclusively in the state or federal courts located in Palm Beach County, Florida.

14. Miscellaneous

• Entire Agreement. These Terms, together with the Privacy Policy and the Official Rules, constitute the entire agreement between you and Flatiron Media regarding the Site and supersede any prior agreements.
• Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force and effect.
• No Waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
• Assignment. You may not assign these Terms or any rights under them. We may assign these Terms freely.
• Notices. We may provide notices to you by email to your registered address or by posting on the Site. You must provide notices to us at the address in Section 15.

15. Contact

For questions about these Terms, use our contact form or write to us at:

Flatiron Media, LLC Attn: Legal 6615 W Boynton Beach Blvd, Suite 369 Boynton Beach, FL 33437