🥊 Winner Takes All · Legal

The fine print,
in plain English.

Draft · v0.1 · Winner Takes All, Inc. · support@winnertakesall.co
Terms of Service

01Terms of Service

By creating an account or joining a challenge you agree to these Terms. If you don't, don't use Winner Takes All ("the Service"), operated by Winner Takes All, Inc. ("we", "us").

1. Who can play

You must be 18 or older (or the age of majority where you live) and physically located in a jurisdiction where paid skill contests are lawful. The Service is void where prohibited. Residents of excluded regions (see the Contest Rules) may not join paid challenges. You're responsible for knowing your local law.

2. What the Service is

Winner Takes All is a platform for skill-based fitness contests. Participants pay an entry fee ("ante") into a pot and compete over a set period to improve their own health metrics. Winners are determined by measurable performance — the percentage of each player's own realistic, individualized target that they achieve — not by chance. This is a contest of skill and effort, not gambling.

3. Entry fees, the pot, and our fee

When you join a challenge you authorize an immediate charge of the ante via our payment processor (Stripe). Antes are held by the processor in a controlled balance, not spent by us, until the challenge settles. We charge a transparent platform fee, disclosed before you pay. We don't pay interest on held funds. All amounts are in US dollars unless stated.

4. How challenges settle

At the end of a challenge, scores are computed from verified data and the pot is paid out per the published Contest Rules. Players who hit their individual target may share a target pool; the top performer takes the headline pot plus forfeited antes. Receiving a payout requires identity verification (KYC) handled by our verification partner.

5. Fair play & data integrity

You agree to submit accurate data and not to manipulate, spoof, or falsify device readings. Data synced from a connected device counts for more than hand-typed values. We may flag anomalous or impossible readings for review and, where warranted, void a result, disqualify a participant (forfeiting their ante), or suspend an account. Cheating is grounds for removal without refund.

6. Refunds, cancellation & leaving

  • Before a challenge starts: you may cancel and receive a full refund of your ante.
  • If a challenge doesn't fill by its start date: it doesn't run and everyone is refunded in full, automatically.
  • After a challenge is live: you may leave at any time, but your ante is forfeited to the pot — this is the stake and the commitment mechanism. This is disclosed before you pay.

7. Health disclaimer

Winner Takes All is not medical advice and is not a substitute for professional care. Targets are general estimates, not a prescription. Consult a physician before starting any fitness or weight program. You participate at your own risk and are solely responsible for your health decisions.

8. Accounts, conduct & content

Keep your credentials secure; you're responsible for activity on your account. Don't harass other players, post unlawful content, or abuse the trash-talk features. We may remove content and suspend accounts that violate these Terms.

9. Disclaimers & limitation of liability

The Service is provided "as is." To the fullest extent permitted by law, we disclaim implied warranties and are not liable for indirect, incidental, or consequential damages. Our total liability is limited to the fees you paid us in the prior twelve months.

10. Disputes

These Terms are governed by the laws of the State of [—]. Disputes are resolved by binding individual arbitration and you waive class actions, except where prohibited. [Arbitration provider, venue, opt-out window to be set by counsel.]

11. Changes & contact

We may update these Terms; material changes will be notified in-app. Continued use means acceptance. Questions: support@winnertakesall.co.

Counsel to finalize: governing law/venue, arbitration clause & class-action waiver, mandatory state-specific disclosures, and the tax/1099 language in §4.
Privacy Policy

02Privacy Policy

Your health data is sensitive and we treat it that way. Here's exactly what we collect, why, and what we never do with it.

1. What we collect

  • Account info: your name, email, and (via Apple/Google sign-in) a user identifier. Date of birth for age eligibility.
  • Health metrics you authorize from Apple Health (HealthKit) — only the specific metrics you choose (e.g. weight, steps, heart rate, VOâ‚‚ max), used to score you.
  • Payment info: handled entirely by Stripe. We never see or store your full card number.
  • Identity verification (for payouts): collected by our verification partner; we receive a pass/fail and basic status, not your documents.
  • Device & usage data: app diagnostics and interactions, to keep the Service working.

2. How we use it

To run the contest: compute your scores against your own targets, operate the pot and payouts, prevent cheating, and support you. That's it.

3. Apple Health data — special handling

Data obtained through HealthKit is used only to provide the app's features. Consistent with Apple's requirements, we do not use your health data for advertising or marketing, and we do not sell it or share it with data brokers.

4. What other players see

Rivals see your rank and your changes (e.g. progress toward your target) — never your actual weight, body-fat, or raw measurements, unless you explicitly choose to share more.

5. Who we share with

Only the service providers needed to run the Service: Stripe (payments), our identity-verification partner (payout KYC), and infrastructure/hosting. Each is bound to protect your data. We disclose data if legally required.

6. Retention, security & your rights

We keep data only as long as needed to run the Service and meet legal obligations, then delete or anonymize it. Data is encrypted in transit and at rest. You can access, correct, export, or delete your data, and disconnect Apple Health at any time (you'll drop to typed-in scoring). Depending on where you live, you may have rights under CCPA/CPRA or GDPR; contact us to exercise them.

7. Children

The Service is for adults 18+. We don't knowingly collect data from minors.

Privacy questions: privacy@winnertakesall.co.

Counsel to finalize: full CCPA/CPRA & GDPR sections, data-processing addendums with each processor, breach-notification commitments, and the HealthKit attestation language required by App Review.
Official Contest Rules

03Official Contest Rules

These Rules govern each challenge. They exist to make it unambiguous that Winner Takes All is a contest of skill.

1. Sponsor

Winner Takes All, Inc., [address]. The Sponsor operates the platform and does not compete for any prize.

2. Eligibility

Open to individuals 18+ (or the age of majority in their state) physically located in an eligible jurisdiction. Void where prohibited. Paid challenges are not available to residents of jurisdictions that restrict paid skill contests — currently excluded pending final legal review: [e.g. AZ, AR, CT, DE, LA, MT, SC, and others — to be set by counsel]. Eligibility is enforced by billing address and location.

3. How to enter

Join a challenge in-app or via an invite link, pay the disclosed ante on the web, and link your account. Entry is complete when your ante is received and your account is linked. A free alternative method of entry (AMOE) may be offered where required by law — see §9.

4. Entry fee & the prize pool

Each challenge has a fixed ante disclosed before entry. The prize pool is the sum of antes for that challenge, less the Sponsor's disclosed platform fee. The pool is divided into: a headline prize (top performer), a target pool shared by everyone who hits their individual target, and weekly side-challenge prizes. Exact splits are shown before you pay.

5. How the winner is determined — skill, not chance

Each participant is assigned an individualized, realistic target based on their own starting metrics and the challenge length. Your score is the percentage of your own target you achieve, measured from device-synced or verified data across the metrics you enrolled. The participant with the highest verified score wins the headline prize. Outcomes depend entirely on participant effort and skill; no element of the result is determined by chance.

6. Tie-breakers

Ties are broken by (a) highest single-metric achievement, then (b) logging consistency, then (c) earliest to reach the tied score. Remaining ties split the relevant prize equally.

7. Verification & disqualification

Results rely on device-sourced data. The Sponsor may audit readings, require photo or device verification (per the challenge's tier), and disqualify any entry that is falsified, manipulated, or impossible. Disqualification forfeits the ante.

8. Prizes, payout & taxes

Prizes are paid via Stripe after the challenge settles and the winner completes identity verification. Winners are responsible for all taxes; the Sponsor may issue a Form 1099 and withhold where required.

9. Refunds, forfeiture & cancellation

Full refund before a challenge starts; full refund to everyone if a challenge doesn't fill; forfeiture of the ante to the pool if you leave after it goes live. [If an AMOE is offered, its terms are published with each challenge.]

10. General

The Sponsor may cancel or modify a challenge for fraud, technical failure, or legal reasons and will refund affected antes. By entering you agree to these Rules and the Terms of Service.

Highest-risk item for counsel: a "winner takes the pooled entry fees" structure can be characterized as a wager in some states. Counsel should confirm the skill-contest structure, decide whether a fixed/guaranteed-prize model or an AMOE is needed, and lock the excluded-states list before any real-money launch.
© Winner Takes All, Inc. · Terms · Privacy · Contest Rules · support@winnertakesall.co
Not affiliated with, endorsed by, or sponsored by Apple Inc. Apple Health is a trademark of Apple Inc. Payments by Stripe.