RoundWinner Terms of Service
These Terms of Service ("Terms") form a legal agreement between you ("you," "your," or "User") and Racketlab LLC, a New Jersey limited liability company doing business as "RoundWinner" ("RoundWinner," "we," "us," or "our"). They govern your use of the RoundWinner mobile application, the website at PlayRoundWinner.com, and any related services (collectively, the "Service").
By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
These Terms contain a binding arbitration agreement and class action waiver in Section 15. Read it carefully — it affects your legal rights.
1. Eligibility
To use the Service you must:
- Be at least 18 years old (or the age of majority in your jurisdiction, whichever is greater).
- Be a legal resident of one of the fifty (50) United States or the District of Columbia.
- Have a valid Apple ID and access to Apple Sign-In.
- Not be barred from using the Service under applicable law.
The Service is not directed to children under 13. We do not knowingly collect data from children under 13. If you believe we have, contact us at hello@playroundwinner.com and we will delete it.
2. The Service
RoundWinner is a tennis match-prediction game. Users join tournaments, predict the winners of selected matches, and earn points for correct predictions. Leaderboards rank users within each tournament. Users may be eligible to win prizes per the separate Official Rules linked at https://playroundwinner.com/contest-rules.
The Service is free to use. There is no entry fee, no in-app purchase requirement, and no payment of any kind required to participate or to win.
We may add, modify, or remove features at any time. We may terminate or suspend any tournament, leaderboard, or the Service itself at our discretion.
3. Your account
We use Apple Sign-In as our only authentication method. By signing in, you authorize us to receive and store your Apple-provided identifier (apple_sub), email if shared, and the display name you provide.
You are responsible for:
- Keeping your Apple ID secure.
- All activity that occurs under your account.
- Notifying us promptly at hello@playroundwinner.com if you suspect unauthorized use.
We may suspend or terminate your account, with or without notice, for any violation of these Terms, the Official Rules, or applicable law, or if we have reason to believe your account is used for fraud, manipulation, or abuse of the Service.
4. Acceptable use
You agree not to:
- Use the Service for any unlawful purpose.
- Create more than one account, or create an account using false information, or impersonate any person or entity.
- Attempt to manipulate the leaderboard, scoring system, or pick selection through scripts, bots, automation, multiple accounts, or any other means.
- Reverse engineer, decompile, or otherwise attempt to extract the source code of the Service except to the extent permitted by applicable law.
- Interfere with or disrupt the Service, its servers, or any networks connected to the Service.
- Scrape, harvest, or collect any data from the Service except as expressly permitted.
- Upload, transmit, or display any content that is unlawful, defamatory, obscene, harassing, or that infringes any third party's rights.
- Use any display name that is offensive, infringing, misleading, or impersonates another person.
We may remove any User content (including display names) and may suspend or terminate accounts that violate this section.
5. User content
You retain ownership of any content you submit to the Service (currently limited to your display name). By submitting it, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, perpetual license to use, reproduce, display, and distribute that content in connection with operating and promoting the Service.
You represent that your content does not infringe any third party's rights and that you have the right to grant the license above.
6. Sports data and technical issues
Third-party data
Match results, schedules, player information, and tournament data are provided by third-party sources, including ESPN. We do not control and are not responsible for the accuracy, completeness, or timeliness of that data. Scoring of picks depends on data we receive from third parties; we are not liable for incorrect, delayed, or missing data.
In the event of a manifest scoring error caused by incorrect third-party data, we reserve the right (but are not obligated) to recalculate scores once corrected data is available, before a tournament's final winner is determined.
Technical issues; data loss; corrective action
The Service is a complex software system that depends on networks, servers, databases, mobile devices, push-notification systems, and third-party providers, any of which can fail. You acknowledge that technical issues — including server or database outages, database corruption, data loss, scoring engine errors, synchronization failures, clock skew, lost or unrecorded picks, missed or incorrectly enforced pick-lock times, leaderboard miscalculation, push or in-app notification failures, app crashes, and similar incidents — may occur, and we are not liable for them. You are responsible for submitting picks with sufficient time margin to account for outages, connectivity problems, and client- or server-side errors.
In the event of any technical issue, data loss, or other operational problem affecting the Service or a Tournament, we may, in our sole and reasonable discretion and without liability beyond Section 11: (a) void affected picks and require resubmission, (b) restore data from backup, including by rolling back state to an earlier point in time and discarding intervening activity, (c) recompute scores or leaderboards under a good-faith methodology, (d) suspend, freeze, void, extend, or restart a round or a Tournament, (e) cancel a Tournament and declare no winner, or determine a winner from entries received up to the time of impairment under the procedure in the Official Contest Rules, or (f) take any other corrective action we deem appropriate to preserve the integrity of the Service. We will use reasonable efforts to communicate material corrective actions through the Service.
No uptime commitment
We make no warranty or commitment regarding the availability, uptime, latency, or performance of the Service. We may take the Service offline for scheduled or unscheduled maintenance at any time, with or without notice.
7. Intellectual property
The Service, including its software, design, logos, and content (other than User content), is owned by RoundWinner or its licensors and is protected by copyright, trademark, and other intellectual property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to use the Service for personal, non-commercial purposes in accordance with these Terms.
"RoundWinner" and the RoundWinner logo are our trademarks. ESPN and tennis tournament names referenced in the Service are the property of their respective owners and are used for descriptive purposes only. We are not affiliated with, endorsed by, or sponsored by the ATP, WTA, ESPN, the United States Tennis Association, the International Tennis Federation, Roland Garros, the All England Lawn Tennis Club, or any other tennis governing body or tournament organizer.
8. Prizes and Official Rules
Tournaments are skill-based contests that may offer prizes. All prize-related terms — including eligibility, prize description, winner selection (by skill), notification, taxes, and dispute resolution for prize disputes — are governed by the separate Official Contest Rules available at https://playroundwinner.com/contest-rules.
In the event of any conflict between these Terms and the Official Contest Rules with respect to a prize-related matter, the Official Contest Rules control.
9. No purchase necessary; not gambling, not a sweepstakes
The Service is a free skill-based prediction game. There is no entry fee, no in-app purchase requirement, no virtual currency for sale, no cash-out of any in-app value, and no payment of any kind required to participate, score points, appear on a leaderboard, or win a prize.
Tournament winners are determined solely by skill — knowledge of professional tennis and judgment in predicting the outcomes of professional tennis matches — with no element of chance at any stage of winner determination, including tiebreakers (see the Official Contest Rules for the scoring formula and tiebreaker procedure).
Because there is no consideration (entry is free) and no element of chance in winner determination, the Service is not gambling, not a lottery, not a sweepstakes, and not a real-money gaming product.
We reserve the right to change this in the future, but any such change will be announced and will be subject to updated Terms and Rules and any required licenses.
10. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY OF DATA. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
WE MAKE NO REPRESENTATION OR WARRANTY REGARDING THE OUTCOME OF ANY TENNIS MATCH OR TOURNAMENT.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you.
11. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL ROUNDWINNER, ITS MEMBERS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, PICKS, SCORES, LEADERBOARD POSITION, PRIZE ELIGIBILITY, BUSINESS, OR GOODWILL, OR FOR THE COST OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE, WHETHER BASED IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE FAIR MARKET VALUE OF THE PRIZE FOR THE TOURNAMENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). THIS CAP IS CONSISTENT WITH THE LIABILITY LIMIT IN THE OFFICIAL CONTEST RULES.
Some jurisdictions do not allow the limitation of liability for certain damages, so some of the above may not apply to you.
12. Indemnification
You agree to indemnify and hold harmless RoundWinner, its members, officers, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to (a) your use of the Service, (b) your violation of these Terms, (c) your violation of any rights of any third party, or (d) any content you submit to the Service.
13. Termination
You may stop using the Service and delete your account at any time. Account deletion is available in the Profile tab of the app, or by emailing hello@playroundwinner.com.
We may terminate or suspend your access to the Service at any time, with or without notice, for any reason including violation of these Terms. Upon termination, your right to use the Service ceases immediately. Sections 5, 6, 7, 10, 11, 12, 14, 15, and 16 survive termination.
14. Governing law
These Terms are governed by the laws of the State of New Jersey, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Subject to Section 15 (arbitration), any action not subject to arbitration must be brought exclusively in the state or federal courts located in Hudson County, New Jersey, and you consent to the jurisdiction of those courts.
15. Binding arbitration; class action waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
Any dispute, claim, or controversy arising out of or relating to these Terms, the Official Rules, the Service, or any prize, except as set out below, shall be resolved by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules then in effect. The arbitration will be conducted in Hoboken, New Jersey or, at your election, by telephone or videoconference. Judgment on the award may be entered in any court having jurisdiction.
Class action waiver. You and RoundWinner agree that any dispute will be brought in our individual capacities only, and not as a plaintiff or class member in any purported class, collective, or representative proceeding.
Exceptions. Either party may bring (a) an individual action in small-claims court, or (b) an action seeking only injunctive relief to stop unauthorized use or abuse of the Service or infringement of intellectual property rights, in court rather than arbitration.
Opt-out. You may opt out of this arbitration agreement by sending written notice to hello@playroundwinner.com within thirty (30) days of first accepting these Terms, including your name, the email associated with your account, and a statement that you opt out of arbitration. Opting out does not affect any other provision of these Terms.
If any portion of this Section 15 is found unenforceable, the remainder will continue to apply, except that the class action waiver is non-severable from the arbitration agreement; if the class waiver is found unenforceable, the entire Section 15 is void and disputes will proceed in court.
16. Changes to these Terms
We may update these Terms from time to time. The "Last updated" date at the top reflects the most recent revision. Material changes will be communicated through the Service or by email. Your continued use of the Service after a change becomes effective constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service.
17. Apple App Store terms
If you accessed the Service via the Apple App Store, the following also apply:
- These Terms are between you and RoundWinner, not Apple. Apple is not responsible for the Service or its content.
- Apple has no obligation to provide maintenance or support for the Service.
- In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the Service. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the Service.
- RoundWinner, not Apple, is responsible for any product liability claims, claims that the Service fails to conform to applicable legal or regulatory requirements, and claims arising under consumer protection or similar legislation.
- RoundWinner, not Apple, is responsible for the investigation, defense, settlement, and discharge of any third-party intellectual property infringement claim relating to the Service.
- You represent that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
18. Miscellaneous
- Entire agreement. These Terms (together with the Official Rules and Privacy Policy) are the entire agreement between you and RoundWinner regarding the Service.
- Severability. If any provision is found unenforceable, the remaining provisions will continue in 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 without our prior written consent. We may assign these Terms freely.
- Force majeure. We will not be liable for any failure or delay in operating the Service or any Tournament caused by events beyond our reasonable control, including acts of God, natural disasters, fire, flood, earthquake, severe weather, war, terrorism, civil disturbance, labor action, pandemic or public health emergency, governmental action, power or utility failure, internet or telecommunications outage, third-party service provider failure (including Apple, Google Cloud, Firebase, and ESPN), denial-of-service or other cyberattack, or other cause beyond our reasonable control.
- Notices to us must be sent to hello@playroundwinner.com.
Contact us: hello@playroundwinner.com