Terms of Service

Effective date: [TODO: legal to set]. These Terms of Service are a draft provided for legal review and are not the final, governing version. They include a binding arbitration agreement and class-action waiver (Section 13) that affect your legal rights. [TODO: legal to confirm all bracketed items and final language.]

By creating a Winsome account or otherwise using the Winsome website or app (the "Service"), provided by Winsome [TODO: legal to confirm full legal entity] ("Winsome," "we," "us"), you agree to these Terms of Service (the "Terms"). If you do not agree, do not use the Service.

1. Registration & account accuracy

To register, you must be a legal U.S. resident at least 21 years old and not a resident of Florida or New York. [TODO: legal to confirm age and excluded states.] You agree to provide true, accurate, and complete information and to keep it current. We may verify your identity and eligibility and may refuse, suspend, or revoke access if information is inaccurate or eligibility cannot be confirmed. The Service is void where prohibited.

2. Your Winsome account

You may hold only one account and are responsible for all activity under it and for keeping your credentials secure. Winsome displays you publicly by username only; your real name is never shown. We may, in our reasonable discretion, adjust eligibility, entries, or account status to maintain the integrity of the Service. [TODO: legal to confirm one-account-per-person enforcement and discretion language.]

3. The Service is free; no purchase; how you earn entries

The Service is free. There is no fee, subscription, or deposit, and there is no way to pay Winsome. You earn entries into the weekly drawing by maintaining an active account — defined in the Official Rules — through your ordinary spending on a linked card. Card connections are made through Plaid on a read-only basis: Winsome can view transaction activity to confirm an active account but can never move, hold, withdraw, or take custody of your funds, and never receives your bank login credentials. No purchase or payment ever improves your chances of winning. [TODO: legal to confirm active-account definition cross-reference.]

4. Prizes & payouts

Winsome awards cash prizes through weekly random drawings. Prizes are paid electronically via Visa through our payout provider [TODO: legal to confirm provider, e.g., Tremendous]. Prizes have no cash-equivalent substitution except as stated in the Official Rules, are non-transferable, and may not be sold or assigned. Winners are responsible for all taxes; we will request a Form W-9 and issue a Form 1099 where required by law. [TODO: legal to confirm payout mechanics, substitution, and tax thresholds.] Unlike a points or rewards program, Winsome does not award redeemable points and has no redemption catalog.

5. Sweepstakes, contests & promotions

All drawings, sweepstakes, contests, and promotions are governed by their Official Rules, which are incorporated into these Terms by reference and control in the event of a conflict. No purchase is necessary to enter or win, and a free mail-in method with equal odds is always available. [TODO: legal to confirm.]

6. Linked accounts & third-party services

The Service relies on third parties, including Plaid (read-only card connectivity) and our payout provider. [TODO: legal to confirm all third parties.] When you connect an account, you authorize Winsome to receive read-only information through that provider. Your use of third-party services may be subject to their own terms, and Winsome is not responsible for third-party content, acts, or omissions, including the security practices of linked institutions.

7. Proprietary material & ownership

The Service, including its content, design, software, and trademarks, is owned by Winsome or its licensors and is protected by intellectual-property laws. Except as expressly permitted, you may not copy, modify, distribute, reverse-engineer, or create derivative works from any part of the Service. [TODO: legal to confirm IP ownership and trademark notices.]

8. License to use the Service

Subject to these Terms, Winsome grants you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Service for your own personal, non-commercial use. You are responsible for the device, connectivity, and any telecommunications or data charges needed to use the Service. [TODO: legal to confirm license scope.]

9. Feedback

If you submit ideas, suggestions, or other feedback about the Service, you agree Winsome may use it for any purpose without obligation or compensation to you, and without any duty of confidentiality. [TODO: legal to confirm feedback license/assignment language.]

10. Privacy

Your use of the Service is also governed by our Privacy Policy and, where applicable, our Consumer Health Data Privacy Policy, each incorporated into these Terms by reference.

11. Acceptable use & prohibited conduct

You agree not to: operate multiple or fraudulent accounts; misrepresent your identity or eligibility; use bots, scripts, or automation; tamper with entries or drawings; or attempt to gain unauthorized access to the Service. Violations may result in disqualification, forfeiture of prizes, and account termination. [TODO: legal to confirm.]

12. Warranty exclusions & limitation of liability

The Service is provided "as is" and "as available" without warranties of any kind, and Winsome expressly disclaims all warranties to the fullest extent permitted by law. To the fullest extent permitted by law, Winsome and its affiliates will not be liable for indirect, incidental, special, consequential, or punitive damages, and our total liability will be limited as set out here. [TODO: legal to confirm full disclaimer, liability cap, and carve-outs.]

13. Arbitration & class-action waiver

Except as prohibited by law, you and Winsome agree to resolve disputes through binding individual arbitration rather than in court, administered by [TODO: legal to confirm provider, e.g., JAMS] under its rules, and you and Winsome waive any right to a jury trial or to participate in a class action. You may opt out of this arbitration agreement within [TODO: legal to confirm opt-out window, e.g., 30 days] of first accepting these Terms by following the stated procedure. The Federal Arbitration Act governs this section. [TODO: legal to draft full arbitration terms, mass-arbitration and venue provisions.]

14. Indemnification

You agree to indemnify and hold harmless Winsome and its affiliates and their officers, directors, employees, and agents from claims arising out of your use of the Service or your violation of these Terms. [TODO: legal to confirm.]

15. Suspension, modification or termination

You may stop using the Service and unlink any connected card at any time. Winsome may suspend, modify, or terminate the Service or your access for violation of these Terms or the Official Rules, or as otherwise permitted by law. Provisions that by their nature should survive termination will survive. [TODO: legal to confirm survival and notice.]

16. Force majeure

Winsome is not liable for any failure or delay caused by events beyond its reasonable control, including acts of God, outages, third-party service failures, or governmental action. [TODO: legal to confirm.]

17. Third-party beneficiaries

Except as expressly stated, these Terms do not create third-party beneficiary rights, provided that our licensors and service providers may enforce provisions that protect them. [TODO: legal to confirm.]

18. Changes, governing law & general

We may update these Terms from time to time; material changes will be communicated as required, and continued use after changes take effect constitutes acceptance. These Terms are governed by the laws of [TODO: legal to confirm governing state], without regard to conflict-of-law rules. These Terms are the entire agreement between you and Winsome regarding the Service; if any provision is unenforceable, the rest remains in effect; you may not assign these Terms without our consent. You consent to receive communications electronically; SMS messaging, where offered, can be cancelled by replying "STOP." You are responsible for any taxes arising from your use of the Service. [TODO: legal to confirm export, California-specific disclosures, electronic-communications consent, and SMS terms.]

19. Contact

Questions about these Terms may be directed to Winsome [TODO: legal to confirm entity and contact email].