1. Acceptance
These Terms of Use ("Terms") form an agreement between you and Midnight Picks regarding the Midnight Picks app, website, widgets, Live Activities, and related services (the "Service"). If you do not agree, do not use the Service.
The Privacy Policy, Community Guidelines, and Rules & Eligibility are incorporated into these Terms.
2. Eligibility
You must be at least 13 years old to use Midnight Picks. If you have not reached the age of legal majority where you live, a parent or legal guardian must review and agree to these Terms on your behalf. You may not use the Service where prohibited by law.
3. Free entertainment service
Midnight Picks is a sports prediction, competition, progression, and community entertainment service. It is not a sportsbook and does not accept real-money wagers, deposits, or stakes.
Standard Credits, Ranked Credits, SP, RP, boosts, tokens, ranks, badges, nameplates, rewards, and other virtual items:
- have no cash value;
- are not legal tender, cryptocurrency, stored value, or property;
- cannot be withdrawn, sold, transferred, or exchanged for money;
- may be adjusted, corrected, expired, or removed to maintain integrity or operate the Service; and
- do not guarantee any real-world prize.
If Midnight Picks later offers a lawful promotion with a real-world prize, separate official rules will govern that promotion.
4. Accounts
You agree to provide accurate information, maintain one legitimate account unless we approve otherwise, protect your credentials, and promptly notify us of unauthorized access. You are responsible for activity performed through your account unless prohibited by law.
You may not sell, share, transfer, automate, or impersonate an account. We may require reauthentication or other verification for security-sensitive actions.
5. Gameplay and settlement
Predictions use the rules and values displayed in the app at submission time. A slip is not final until the backend confirms submission. Results depend on authoritative sports data, eligibility rules, lock times, and the settlement systems described in the app.
We may correct scores, outcomes, SP, RP, ranks, rewards, statistics, or inventory when data is delayed, duplicated, incomplete, reversed, or erroneous. We may void or regrade affected activity. Attempts to exploit errors, duplicate requests, stale data, or settlement timing are prohibited.
6. Acceptable use
You may not:
- harass, threaten, exploit, defraud, or impersonate another person;
- post unlawful, hateful, sexually exploitative, violent, deceptive, infringing, or spam content;
- cheat, collude, automate gameplay, manipulate rankings, abuse rewards, or evade limits;
- reverse engineer, interfere with, overload, probe, or circumvent the Service or its security;
- use unauthorized bots, scripts, emulators, modified clients, or multiple accounts for an unfair advantage;
- collect other users' information without authorization; or
- use the Service for illegal gambling, commercial solicitation, or unlawful activity.
Additional standards appear in the Community Guidelines.
7. User content
You retain ownership of content you create. By submitting content, you grant Midnight Picks a nonexclusive, worldwide, royalty-free license to host, store, reproduce, display, distribute, and modify it as reasonably necessary to operate, moderate, secure, and improve the Service.
You represent that you have the rights needed to submit your content. We may review, restrict, remove, preserve, or disclose content when reasonably necessary to enforce these Terms, protect users, comply with law, or operate the Service. We are not required to publish or retain user content indefinitely.
8. Apple purchases and digital access
Eligible digital content may be offered through Apple In-App Purchase. Purchases are processed by Apple and are subject to Apple's applicable terms. Product availability, season, duration, benefits, and price are shown before purchase. Use Restore Purchases where supported.
Except where required by law or Apple's policies, purchases are final and refund requests are handled by Apple. Purchased access does not provide cash value, guaranteed wins, or ownership of the Service.
9. Sports data and third parties
Schedules, team information, logos, statistics, live events, scores, and results may come from third-party data sources. Data can be delayed, unavailable, or corrected. We do not guarantee uninterrupted or perfectly accurate sports data.
Midnight Picks is independent and is not affiliated with, endorsed by, sponsored by, or officially connected with MLB, NFL, NCAA, ESPN, their teams, or other referenced sports organizations. Team and league marks belong to their respective owners and are used for identification and informational purposes.
10. Midnight Picks ownership
The Service, including its software, interface, branding, original artwork, designs, text, systems, and compilation of content, is owned by or licensed to Midnight Picks and protected by applicable intellectual-property laws. These Terms grant you a limited, revocable, nontransferable right to use the Service for personal, noncommercial purposes.
11. Availability and changes
We may add, modify, vault, suspend, or discontinue features; adjust virtual systems; perform maintenance; and set compatibility requirements. We do not promise that every feature or sport will remain available. We will not intentionally remove a verified paid entitlement contrary to applicable law or the product terms shown at purchase.
12. Suspension and termination
We may warn, restrict, suspend, or terminate accounts that violate these Terms, threaten safety, create legal exposure, or undermine service integrity. You may stop using the Service at any time and may request deletion through the in-app account deletion flow.
13. Disclaimers
To the maximum extent permitted by law, the Service is provided "as is" and "as available." We disclaim implied warranties of merchantability, fitness for a particular purpose, noninfringement, and uninterrupted or error-free operation. Nothing in these Terms excludes warranties or rights that cannot legally be excluded.
14. Limitation of liability
To the maximum extent permitted by law, Midnight Picks will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, loss of data, loss of goodwill, or loss arising from reliance on sports data or virtual results. Our aggregate liability will not exceed the greater of the amount you paid to Midnight Picks in the twelve months before the claim or US $100, unless applicable law requires otherwise.
15. Changes to these Terms
We may update these Terms. The effective date will identify the current version. Material changes may be announced in the app or through another appropriate channel. Continued use after the effective date means you accept the revised Terms, to the extent permitted by law.
16. Contact
Questions about these Terms may be sent to [email protected].