Terms of Service

1. Eligibility

You must be at least eighteen (18) years of age and a legal resident of the United States to use the Services. By using the Services, you represent and warrant that you meet these requirements. We verify age at registration through a date-of-birth gate, and accounts cannot be created by any person whose stated date of birth indicates they are under eighteen (18) years of age.

The Services are intended for use only within the United States. We make no representation that the Services are appropriate or available for use outside the United States.

2. Account Registration and Security

To participate in pools, you must create an account. You agree to provide accurate and complete information and to keep it current. Authentication is performed by one-time passcode sent to your phone number or email address; you are responsible for maintaining the security of the phone number and email address associated with your account and for all activity that occurs under your account. Notify us immediately at admin@poolpartygaming.com if you believe your account has been compromised.

You may not create more than one account, create an account on behalf of anyone else, or share, sell, or transfer your account. Each participant may hold only one account.

3. The Services; Pools and Contests

The Services allow you to participate in free-to-play sports prediction pools hosted by venues, businesses, and organizations, and by Pool Party Gaming. NO PURCHASE IS NECESSARY TO ENTER OR WIN. A purchase will not increase your chances of winning.

Each pool and contest is governed by Official Rules made available within the App, which are incorporated into these Terms by reference. The Official Rules describe eligibility, how to enter, entry periods, how winners are determined, prizes and prize providers, and other terms specific to each pool. In the event of a conflict between these Terms and the Official Rules with respect to a specific pool, the Official Rules control for that pool.

For purposes of promotional contest rules and applicable law, Pool Party Gaming serves as Sponsor and Administrator of each pool, and a hosting venue or organization may serve as Co-Sponsor and prize provider. Prizes are provided by the applicable prize provider identified in the Official Rules. The Services are not a gambling, sports betting, or paid fantasy sports platform, and no wager or consideration is required or accepted to participate.

4. Prizes

Prizes, where offered, are described in the applicable Official Rules and are provided by the prize provider identified there, which may be a hosting venue or organization or Pool Party Gaming. Prizes have no cash value unless expressly stated, are non-transferable, and may not be exchanged for cash or credit except as required by law. You are responsible for any taxes associated with a prize you receive. Where a prize requires physical delivery, you must provide accurate fulfillment information, which will be used solely to deliver your prize. Redemption of a discount or in-venue prize may require a qualifying purchase at the time of redemption; however, no purchase is required to enter, participate, or win.

5. User Conduct

You agree not to:

• Use the Services for any unlawful purpose or in violation of these Terms or any Official Rules;
• Create multiple accounts, impersonate any person, or misrepresent your identity or age;
• Cheat, manipulate results, exploit bugs, use automated systems or bots, or otherwise interfere with the fair operation of any pool;
• Interfere with, disrupt, or attempt to gain unauthorized access to the Services or their underlying systems;
• Harass, threaten, or abuse other participants, venue staff, or Pool Party Gaming; or
• Reverse engineer, decompile, or attempt to extract the source code of the App, except as permitted by law.

6. Entry Names and User Content

When you join a pool, you select an entry name. You are responsible for the entry names you choose. Entry names and any other content you submit must not be offensive, obscene, harassing, defamatory, or infringing, and must not impersonate any person or business. We employ filtering to prevent inappropriate entry names and reserve the right to reject, remove, or change any entry name or content that violates these Terms or that we determine, in our discretion, to be inappropriate, without notice.

You retain ownership of content you submit, but you grant Pool Party Gaming a non-exclusive, royalty-free, worldwide license to use, display, and process that content as necessary to operate and provide the Services.

7. Account Deletion and Termination

You may delete your account and your associated personal information at any time directly within the App. The in-app deletion is immediate. You may also request account and data deletion through the Website at poolpartygaming.com without logging in to the App; Website deletion requests are processed within thirty (30) days of receipt. Deletion is subject to information we are required or permitted to retain as described in our Privacy Policy.

We may suspend or terminate your account and access to the Services at any time, with or without notice, if we believe you have violated these Terms or any Official Rules, engaged in fraud, cheating, abuse, or multiple-account use, or engaged in conduct that undermines the fair operation of the Services or harms other participants, venues, or Pool Party Gaming. A participant who is suspended or terminated for such conduct may be disqualified from pools and forfeit eligibility for prizes.

8. Intellectual Property

The Services, including all software, designs, text, graphics, logos, and other content provided by Pool Party Gaming (other than content you submit), are owned by Pool Party Gaming or its licensors and are protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial use in accordance with these Terms. You may not copy, modify, distribute, sell, or create derivative works from any part of the Services without our prior written consent.

9. Third-Party Services and Venues

The Services interact with venues and organizations that host pools and with third-party service providers. We are not responsible for the acts, omissions, products, services, or prizes of any venue, organization, or third party, or for the fulfillment of any prize provided by a hosting venue or organization. Your interactions with a venue, including redemption of prizes and any communications you receive from a venue, are between you and that venue.

10. Beta Platform

The Services are in active development and are provided on a beta basis. Features and functionality may change, be added, or be removed, and the Services may contain defects or experience interruptions. You acknowledge that beta status is inherent to the Services and does not constitute a breach of these Terms.

11. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, POOL PARTY GAMING DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT DEFECTS WILL BE CORRECTED.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, POOL PARTY GAMING SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES. POOL PARTY GAMING’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THESE TERMS OR THE SERVICES SHALL NOT EXCEED FIFTY DOLLARS ($50.00 USD).

Because the Services are free to participants, this limitation reflects the basis of the bargain between you and Pool Party Gaming. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you.

13. Indemnification

You agree to indemnify, defend, and hold harmless Pool Party Gaming and its officers, members, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to your use of the Services, your violation of these Terms or any Official Rules, your violation of any law or the rights of any third party, or any content or entry name you submit.

14. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict-of-law principles. Any dispute arising out of or relating to these Terms or the Services shall be brought exclusively in the state or federal courts located in Allegheny County, Pennsylvania, and you consent to the personal jurisdiction of those courts and waive any objection to venue there.

Any claim arising out of or relating to these Terms or the Services must be brought within one (1) year after the claim arises, or it is permanently barred, to the extent permitted by law.

15. Changes to These Terms

We may revise these Terms from time to time. If we make material changes, we will notify you by email, by notice within the App, or both, and will update the “Last Updated” date above. Material changes become effective thirty (30) calendar days after notice, unless a shorter period is required by law. If you do not agree to a change, you may delete your account before the change takes effect. Continued use of the Services after a change becomes effective indicates your acceptance of the revised Terms.

16. Miscellaneous

These Terms, together with the Privacy Policy and the applicable Official Rules, constitute the entire agreement between you and Pool Party Gaming regarding the Services and supersede any prior agreements. If any provision is found unenforceable, the remaining provisions remain in full force. Our failure to enforce any provision is not a waiver of it. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets. Nothing in these Terms creates any agency, partnership, or joint venture between you and Pool Party Gaming.

17. Apple and Google Platform Terms

If you download the App from the Apple App Store or Google Play, your use is also subject to that platform’s terms. Any promotion or contest offered through the Services is in no way sponsored, endorsed, administered by, or associated with Apple Inc. or Google LLC, and neither Apple nor Google is a sponsor of or involved in any such promotion or contest in any manner.

18. Contact Us

Questions about these Terms may be directed to: