These Terms & Conditions ("Terms") are a binding agreement between you and
Predicta Future Inc., a Delaware corporation located at 251 Little Falls, Wilmington, DE 19808 ("Predicta," "we," "us," or "our"), governing your access to and use of the Lone Survivor mobile application, website at
https://www.playlonesurvivor.com, and related services (collectively, the "Platform"). By creating an account, accessing, or using the Platform, you agree to these Terms and to our Privacy Policy, available at
https://www.playlonesurvivor.com/privacy. If you do not agree, do not use the Platform.
PLEASE READ CAREFULLY. These Terms contain a binding arbitration agreement and a class-action and jury-trial waiver (Section 14) that affect how disputes between you and us are resolved. Except for claims that qualify for small-claims court, you and we agree to resolve disputes through individual arbitration and to waive the right to participate in a class action.
1. What Lone Survivor Is
Lone Survivor is a
free, skill-based sports-prediction game offered for entertainment purposes only. You make predictions about the outcomes of real sporting events and may participate in promotional contests offered by us, including the Grand Challenge and the $1,000 Monthly Lone Survivor Contest, each governed by the separate Official Contest Rules available at
https://www.playlonesurvivor.com/rules.
No gambling; no consideration. The Platform is not a sportsbook and does not offer betting, wagering, or gambling of any kind. No purchase, wager, stake, deposit, or payment is ever required to use the Platform, to participate in any contest, or to win any prize, and none will improve your chances of winning. You cannot lose money by playing.
No affiliation. The Platform is not sponsored, endorsed, administered by, or associated with Apple Inc., Google LLC, any app store, any sports league or team, or any sportsbook or gaming operator. Team and event names are used for identification only.
2. Eligibility
You must be a legal resident of one of the fifty (50) United States or the District of Columbia and at least eighteen (18) years old (or the age of majority in your jurisdiction, if higher) to use the Platform. The Platform is not directed to and may not be used by anyone under 18. By using the Platform, you represent and warrant that you meet these requirements and that your use complies with the laws of your jurisdiction. The Platform is void where prohibited.
3. Your Account
You must create an account to participate. You agree to provide accurate, current, and complete information and to keep it updated.
One account per person. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Notify us promptly at
baronwins9@gmail.com of any unauthorized use. We may refuse, suspend, or terminate accounts at our discretion, including for suspected duplicate accounts, fraud, or violation of these Terms or the Official Contest Rules.
4. Contests and Prizes
Promotional contests are offered subject to their own Official Contest Rules, available at
https://www.playlonesurvivor.com/rules, which are incorporated into these Terms by reference. In the event of a conflict between these Terms and the Official Contest Rules with respect to a specific contest, the Official Contest Rules control for that contest. Prizes are funded and provided by us. Prize eligibility, verification, taxes, and delivery are governed by the Official Contest Rules, and winners are solely responsible for applicable taxes as described there.
5. Fair Play & Acceptable Use
You agree to use the Platform fairly and lawfully. You will not:
- Create or use more than one account, or register on behalf of anyone else;
- Use bots, scripts, scrapers, or any automated means to access the Platform or submit predictions;
- Collude, coordinate play, or engage in any manipulation intended to gain an unfair advantage;
- Exploit bugs, errors, or vulnerabilities, or attempt to interfere with, disrupt, reverse engineer, or gain unauthorized access to the Platform or its systems;
- Submit false information, impersonate others, or misrepresent your identity, age, or location; or
- Use the Platform for any unlawful purpose or in violation of these Terms or applicable law.
We may investigate suspected violations, void affected predictions, disqualify participants, and suspend or terminate accounts, in our sole discretion. All predictions, timestamps, and the implied-probability snapshot are recorded and auditable.
6. Intellectual Property
The Platform and all associated content, software, designs, logos, trademarks (including "Lone Survivor" and "Predicta"), and other materials are owned by or licensed to us and are protected by intellectual-property laws. We grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the Platform for its intended, non-commercial purpose, subject to these Terms. You may not copy, modify, distribute, sell, or create derivative works from any part of the Platform without our prior written permission.
7. User Content
The information you submit to the Platform consists primarily of your username, any optional profile details, your predictions, and communications you send to us (such as support requests). You retain ownership of the content you submit, and you grant us a worldwide, royalty-free, non-exclusive license to use, host, store, reproduce, and display that content as necessary to operate, secure, and promote the Platform (including announcing winners by username as described in the Official Contest Rules). You are responsible for the content you submit and represent that you have the rights to provide it and that it does not violate any law or third-party right. The Platform does not currently host public user-to-user posts; if we add features that allow public content, your use of those features will be subject to these Terms and any additional posted guidelines, and we may remove content that violates them.
8. Third-Party Data and Services
Sporting-event data, outcomes, and implied-probability figures may be sourced from third-party providers. We do not guarantee that such data is error-free, complete, or continuously available, and we are not responsible for third-party data errors or outages, except as expressly provided in the Official Contest Rules for resolving results. The Platform may also link to or integrate third-party services; your use of those services is governed by their terms.
9. Availability; Changes to the Platform
We may modify, suspend, or discontinue any part of the Platform, including any contest, at any time, with or without notice, as further described in the Official Contest Rules. We do not guarantee that the Platform will be uninterrupted, secure, or error-free.
10. Disclaimers
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE ACCURATE, RELIABLE, UNINTERRUPTED, OR ERROR-FREE. Some jurisdictions do not allow certain warranty exclusions, so some of the above may not apply to you.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PREDICTA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF THE PLATFORM. OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE PLATFORM OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT OF ANY PRIZE YOU ARE VERIFIED TO HAVE WON UNDER THE OFFICIAL CONTEST RULES BUT HAVE NOT RECEIVED, OR (B) ONE HUNDRED U.S. DOLLARS (US $100). Because the Platform is free to use, the foregoing reflects the agreed allocation of risk. Some jurisdictions do not allow certain limitations, so portions of the foregoing may not apply to you.
12. Indemnification
You agree to indemnify and hold harmless Predicta and its officers, directors, employees, and agents from any claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of your use of the Platform, your violation of these Terms or the Official Contest Rules, or your violation of any law or third-party right.
13. Termination
You may stop using the Platform and close your account at any time. We may suspend or terminate your access at any time, with or without notice, for any reason, including violation of these Terms. Sections that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution) will survive.
14. Dispute Resolution; Arbitration; Class-Action Waiver
Informal resolution first. Before initiating arbitration, you or we must first send a written notice of dispute describing the claim and the relief sought — to us at
baronwins9@gmail.com — and the parties will attempt in good faith to resolve the dispute within sixty (60) days.
Binding individual arbitration. Except for (i) claims that qualify for small-claims court and (ii) claims seeking injunctive or equitable relief regarding intellectual property, any dispute, claim, or controversy arising out of or relating to the Platform or these Terms that is not resolved informally shall be resolved exclusively by final and binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect, rather than in court. The arbitration will be conducted in Wilmington, Delaware, or, at your election, in your county of residence or by telephone or video where available. The arbitrator’s award may be entered in any court of competent jurisdiction. This arbitration agreement is governed by the Federal Arbitration Act.
Class-action and jury-trial waiver. TO THE FULLEST EXTENT PERMITTED BY LAW, ALL CLAIMS MUST BE BROUGHT IN A PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR PRESIDE OVER ANY CLASS OR REPRESENTATIVE PROCEEDING. EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL. If this class-action waiver is found unenforceable as to a particular claim, that claim (and only that claim) shall be severed and brought in a court of competent jurisdiction located in Delaware, while all other claims proceed in arbitration.
Opt-out. You may opt out of this arbitration agreement within thirty (30) days of first accepting these Terms by sending written notice of your decision to opt out to
baronwins9@gmail.com, including your name and the email associated with your account. Opting out does not affect any other provision of these Terms.
Time to file. To the extent permitted by law, any claim must be brought within one (1) year after it arises, or it is permanently barred.
15. Governing Law
These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles, except that the arbitration provision in Section 14 is governed by the Federal Arbitration Act. To the extent any dispute is not subject to arbitration, the state and federal courts located in Delaware will have exclusive jurisdiction, and you consent to personal jurisdiction and venue there.
16. Changes to These Terms
We may update these Terms from time to time. If we make material changes, we will provide notice by posting the updated Terms in the Platform with a revised "Effective date" and, where appropriate, by email to the address on your account. Your continued use of the Platform after the changes take effect constitutes acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Platform and may close your account.
17. Miscellaneous
These Terms, together with the Official Contest Rules and Privacy Policy, are the entire agreement between you and us regarding the Platform. If any provision is found unenforceable, the remaining provisions remain in effect. Our failure to enforce any provision is not a waiver. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets.
18. Contact
Questions about these Terms? Contact us at
baronwins9@gmail.com, or by mail at Predicta Future Inc., 251 Little Falls, Wilmington, DE 19808.