Last Updated: July 31, 2026
IMPORTANT: PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING BARLAY. THEY AFFECT YOUR LEGAL RIGHTS, INCLUDING A BINDING INDIVIDUAL ARBITRATION PROVISION AND A WAIVER OF CLASS ACTIONS (SECTION 18). BY USING BARLAY, YOU AGREE TO THESE TERMS.
TCJ LLC ("Barlay," the "Company," "we," "us," or "our"), a Delaware limited liability company, owns and operates the Barlay mobile application and related services (collectively, the "Services"). These Terms of Service (the "Terms") govern your access to and use of the Services.
By creating an account, accessing, or using the Services, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms by reference. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICES.
Barlay is a free venue-based entertainment platform. Guests build prediction submissions by selecting outcomes across professional sporting events while checked in at a participating venue. No money is exchanged at any point, no purchase is necessary, and no payment is required to participate. Winning submissions may earn promotional rewards redeemable only at the issuing venue for food and non-alcoholic beverage items.
If you are a venue owner or operator, your commercial relationship with Barlay (including venue onboarding, reward configuration, and fee arrangements, if any) is governed by your separate written venue agreement with the Company. These Terms govern your use of the app itself.
The Services are provided through a mobile application downloaded from the Apple App Store or other authorized app marketplaces. These Terms are between you and TCJ LLC only — not with Apple Inc. ("Apple") — and Apple is not responsible for the Services or their content. Your use of the application is also subject to the Licensed Application End User License Agreement applicable to apps distributed through the App Store; to the extent these Terms conflict with that agreement, these Terms control to the fullest extent permitted.
You acknowledge that: (a) the Company, not Apple, is solely responsible for the Services, their content, maintenance, and support; (b) Apple has no obligation to furnish any maintenance or support for the Services; (c) in the event of any failure of the application to conform to an applicable warranty, you may notify Apple and Apple will refund the purchase price (which, for Barlay, is zero, as the application is free); (d) the Company, not Apple, is responsible for addressing any claims relating to the Services, including product liability claims, claims that the application fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and third-party claims that the application or your possession and use of it infringes intellectual property rights; and (e) Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
Age. You must be at least sixteen (16) years of age to create an account or use the Services. To make prediction submissions and earn rewards, you must be of the legal age to purchase or consume alcoholic beverages in your jurisdiction, and you will be required to confirm at sign-up that you are of legal drinking age. In addition, no reward may be redeemed by any person under the legal age to purchase or consume alcoholic beverages in the jurisdiction of the redeeming venue. Age is verified at the point of redemption by venue staff, who are required to inspect a valid government-issued photo ID before honoring any reward. This requirement is stated on the face of every promotional code issued through the Services. Providing a false confirmation of age is a violation of these Terms and constitutes grounds for suspension or termination under Section 12 and for voiding of any submissions and rewards. Venues may impose additional age or entry restrictions at their discretion and may refuse participation or reward redemption on that basis.
Location. Participation requires that you be physically present at a participating venue, verified through your device's location services as described in Section 6. Participation may be subject to additional state and local eligibility requirements. The Services are void where prohibited by law. You are responsible for ensuring that your use of the Services is lawful in your jurisdiction.
Accounts. You may register only one (1) account per email address. Maintaining multiple accounts to obtain additional entries, rewards, or any other advantage is prohibited and constitutes grounds for suspension or termination under Section 12.
Ineligible participants. Employees, officers, and members of TCJ LLC, and members of their immediate households, are not eligible to make prediction submissions or receive rewards. Owners, operators, and staff of a participating venue are not eligible to make prediction submissions or redeem rewards at any venue where they work or hold an ownership interest; they remain eligible as ordinary guests at other participating venues.
Accuracy. You must provide accurate and complete registration information and keep it updated. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. If you believe your account has been accessed without authorization, contact us immediately at barlayentertainment@gmail.com.
Barlay is a free entertainment platform. Prediction submissions are free to make; no purchase, deposit, payment, or other consideration is required or accepted. Rewards consist solely of promotional discounts or complimentary food and non-alcoholic beverage items fulfilled by the issuing venue. Rewards have no cash value, are not redeemable for cash, are non-transferable, and may not be applied toward the purchase or consumption of alcoholic beverages under any circumstances.
Barlay is a platform through which participating venues offer promotional rewards to their guests. Venues — not Barlay — determine and fulfill the rewards offered at their location, including reward types, values, point-value thresholds, expiration periods, and any per-guest entry limits. The decision to honor a reward at the point of redemption belongs to the venue. A venue may decline to honor a reward at redemption, including without limitation on the basis of age verification, suspected misuse of the Services, or other concerns particular to that venue. Barlay does not guarantee that any venue will honor any reward, and rewards are subject to the venue's own terms and availability.
Venues may also request that a specific guest be restricted from participating at that venue; any such restriction applies to that venue only, as described in Section 12.
You will not be able to make a prediction submission without location services enabled. To participate, you must check in at a participating venue, which requires your device to provide a sufficiently accurate location fix within the venue's defined boundary. Each prediction submission is independently verified against your active check-in. Submissions will be rejected if you are not checked in, if your location cannot be verified with sufficient accuracy, or if you have left the venue's boundary.
Falsifying, spoofing, or manipulating your device's location in any manner is strictly prohibited and constitutes grounds for suspension or termination under Section 12 and for voiding of any associated submissions and rewards.
By checking in at a venue, you may receive push or in-app notifications from that venue. You can manage or disable notifications at any time through your device's operating system settings.
Structure. Each prediction submission must contain a minimum of three (3) and a maximum of ten (10) picks. Certain combinations of picks relating to the same event may be restricted. The Services will indicate which picks and combinations are available at the time of submission.
Point values. Each pick carries a point value displayed at the time of selection. A submission's combined point value is calculated from its picks. Point values may change between the time a pick is displayed and the time a submission is completed; if a point value has changed unfavorably, the submission will be rejected and you may resubmit at the updated value. Venues may require that a submission's combined point value meet a minimum threshold corresponding to the venue's reward tiers.
Timing. Picks are available only before the start of the relevant sporting event. Once an event begins, picks relating to that event can no longer be included in a submission.
Entry limits. Venues may limit the number of prediction submissions per guest (for example, per day) at their discretion. Any applicable limits will be reflected in the Services.
Finality. Once completed, a prediction submission cannot be edited or withdrawn.
Prediction submissions are available for professional sporting events in categories approved by Barlay's platform administrators. The following are expressly excluded from the Services and may not be included in any prediction submission:
Barlay may add, remove, or modify eligible event categories at any time in its sole discretion.
Data sources. Event results are determined using data from third-party sports data providers. Any statistics, scores, or event information displayed in the Services are unofficial and provided for informational and entertainment purposes only. Neither Barlay nor its data providers warrant the accuracy, completeness, or timeliness of such information.
How submissions are settled. A submission is settled as a loss if any pick in it is graded as lost. A pick that is voided, cancelled, or results in a tie or "push" is removed from the submission, and the combined point value of the remaining picks is recalculated. If all picks in a submission are voided or pushed, the submission is settled as void. A submission in which all remaining picks are graded as won is settled as a win.
Rewards require a qualifying point value. A winning submission earns a reward only if its recalculated combined point value falls within a reward tier configured by the venue at which the submission was made. A winning submission whose recalculated point value does not reach any reward tier — including as a result of voided or pushed picks being removed — does not earn a reward.
Finality and corrections. Settlement results are based on the results available at the time of settlement and will not be changed based on later statistical or scoring adjustments by leagues or data providers, except that Barlay reserves the right, in its sole discretion, to correct settlements affected by error, malfunction, or data inaccuracy, and to void, adjust, or reissue any affected rewards. In the event of any malfunction affecting a submission or settlement, the affected submission may be voided.
Rewards are issued as single-use promotional codes subject to the following conditions:
Barlay reserves the right to void any reward obtained in violation of these Terms. Any tax liability associated with the receipt of a reward is your sole responsibility.
The Services may allow you to select a username and to appear on leaderboards visible to other users and to venues. By selecting a username or participating in leaderboards, you grant Barlay a non-exclusive, worldwide, royalty-free license to display your username and associated activity (such as point values and leaderboard standing) within the Services.
Usernames must not be offensive, misleading, infringing, or otherwise inappropriate. If a username is deemed inappropriate by Barlay or by a venue, you may face consequences including, but not limited to, forced change or removal of the username, suspension from leaderboard participation, or suspension or termination of your account. Barlay may determine what constitutes an inappropriate username in its sole discretion and may act with or without notice.
Barlay has no obligation to monitor user content but reserves the right to remove or modify any user content at any time.
By Barlay. Barlay reserves the right to suspend or terminate your account, void prediction submissions, and void or revoke rewards, at its discretion, for cause — including, but not limited to: fraud; providing a false confirmation of age; falsifying, spoofing, or manipulating location data; creating or using multiple accounts; conduct that threatens the integrity of the Services or of any submission, settlement, or reward; use of automated means (including bots, scripts, or artificial intelligence tools) to interact with the Services; abuse of promotions or rewards; inappropriate usernames; or any other violation of these Terms.
At a venue's request. A venue may request that a specific guest be restricted from participating at that venue. Any such restriction applies only to the requesting venue and does not affect your ability to participate at other participating venues, unless Barlay independently determines that broader action is warranted under this Section.
By you. You may delete your account at any time through the app's account settings. Upon deletion, any unredeemed rewards are voided, any prediction submissions not yet settled are void and will not earn a reward, and any open check-in is closed. Data retention following deletion is described in our Privacy Policy.
Effect. Upon suspension or termination, your right to use the Services ceases. Provisions of these Terms that by their nature should survive termination — including Sections 13 through 21 — survive.
The Services, including all software, text, graphics, logos, designs, and other content (the "Barlay IP"), are owned by or licensed to TCJ LLC and are protected by intellectual property laws. Barlay grants you a limited, non-exclusive, non-transferable, revocable license to use the Services for your personal, non-commercial use in accordance with these Terms. You may not copy, modify, distribute, sell, lease, reverse engineer, or create derivative works of any part of the Services, and you may not circumvent or interfere with any security or access-control feature of the Services. All rights not expressly granted are reserved.
The Services rely on third-party providers (including sports data, authentication, hosting, and notification services) and may reference or link to third-party websites or services. Barlay does not control and is not responsible for third-party services, their content, or their practices. Venue names, reward descriptions, and venue notifications displayed in the Services are provided by venues, and Barlay is not responsible for their accuracy.
THE SERVICES ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, AND SERVICE PROVIDERS (COLLECTIVELY, THE "COMPANY PARTIES") DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE COMPANY PARTIES DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; THAT DEFECTS WILL BE CORRECTED; THAT RESULTS OR POINT VALUES WILL BE ACCURATE; OR THAT ANY VENUE WILL HONOR ANY REWARD. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY LAW:
(a) No indirect damages. IN NO EVENT WILL THE COMPANY PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) Reward-related claims. FOR ANY CLAIM ARISING OUT OF OR RELATING TO A SPECIFIC REWARD OR PREDICTION SUBMISSION — INCLUDING ITS SETTLEMENT, ISSUANCE, EXPIRATION, OR REDEMPTION — THE COMPANY PARTIES' TOTAL AGGREGATE LIABILITY WILL NOT EXCEED THE STATED VALUE OF THE REWARD AT ISSUE, AND BARLAY MAY, AT ITS OPTION, SATISFY ANY SUCH LIABILITY BY ISSUING A REPLACEMENT REWARD OF EQUAL OR GREATER STATED VALUE.
(c) All other claims. FOR ALL OTHER CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, THE COMPANY PARTIES' TOTAL AGGREGATE LIABILITY WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNTS YOU PAID TO BARLAY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
(d) Basis of the bargain. THE LIMITATIONS IN THIS SECTION ARE FUNDAMENTAL ELEMENTS OF THE AGREEMENT BETWEEN YOU AND BARLAY, AND THE SERVICES WOULD NOT BE PROVIDED FREE OF CHARGE WITHOUT THEM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.
You agree to indemnify, defend, and hold harmless the Company Parties from and against any third-party claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) your misuse of the Services, including any falsification of location data or fraudulent conduct; or (c) your violation of any law or the rights of any third party in connection with your use of the Services.
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES DISPUTES TO BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION AND WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTIONS.
(a) Informal resolution first (required). Before initiating any arbitration or court proceeding, you and Barlay agree to first attempt to resolve any dispute informally. You must send an individualized written notice of the dispute to barlayentertainment@gmail.com (subject line: "Dispute Notice") including your name, the email associated with your account, a description of the dispute, and the relief sought. If Barlay has a dispute with you, Barlay shall likewise send an individualized written notice to the email address associated with your account, meeting the same requirements, before initiating any proceeding. The parties agree to negotiate in good faith for at least sixty (60) days from receipt of the notice before either party may initiate arbitration. This informal resolution period is a mandatory precondition to any proceeding.
(b) Binding individual arbitration. Except as provided in subsections (e) and (f), any dispute, claim, or controversy arising out of or relating to these Terms or the Services that is not resolved informally shall be resolved by final and binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect. The arbitration shall be conducted by a single arbitrator, in English, on an individual basis only. Judgment on the award may be entered in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this Section.
(c) Class action waiver. YOU AND BARLAY EACH AGREE THAT ANY PROCEEDING SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding. If this class action waiver is found unenforceable as to a particular claim, that claim (and only that claim) shall proceed in court under Section 19, and the waiver shall remain enforceable as to all other claims.
(d) Mass filings. If twenty-five (25) or more demands for arbitration are filed against Barlay by or with the assistance of the same or coordinated counsel or organizations, and the demands raise similar claims, the parties agree that the demands shall be resolved in staged batches of no more than twenty-five (25) demands each. Arbitration fees shall be due only as each batch proceeds. The parties shall cooperate in good faith, and the results of resolved batches may be used to facilitate global resolution of remaining demands. This subsection is intended to promote efficient resolution and shall be administered by the AAA consistent with its rules.
(e) Small claims carve-out. Either party may bring an individual claim in small claims court in a court of competent jurisdiction, in lieu of arbitration, if the claim qualifies for that court.
(f) Exceptions. Nothing in this Section prevents either party from seeking injunctive or other equitable relief in court for infringement or misuse of intellectual property, or from reporting matters to government agencies.
(g) Fees. Arbitration fees shall be allocated as provided in the AAA Consumer Arbitration Rules. Each party bears its own attorneys' fees and costs, except that the arbitrator may award attorneys' fees and costs against a party if the arbitrator determines that party's claim or defense was frivolous or brought in bad faith, or as otherwise required by applicable law.
(h) Opt-out right. You may opt out of this arbitration agreement (other than the jury trial waiver) by emailing barlayentertainment@gmail.com with the subject line "Arbitration Opt-Out" within sixty (60) days of first accepting these Terms, stating your name and account email. Opting out will not affect any other provision of these Terms.
(i) Jury waiver. TO THE EXTENT ANY DISPUTE PROCEEDS IN COURT, YOU AND BARLAY EACH WAIVE ANY RIGHT TO A TRIAL BY JURY.
These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. Nothing in these Terms deprives you of any non-waivable rights or protections afforded to you under the consumer protection laws of your state of residence. For any proceeding not subject to arbitration under Section 18 (other than small claims actions), the exclusive venue shall be the state or federal courts located in the State of Delaware, and the parties consent to personal jurisdiction there.
Changes to the Services. Barlay may modify, update, suspend, or discontinue the Services, or any feature or part of them, at any time, with or without notice. To the fullest extent permitted by law, Barlay will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services.
Changes to these Terms. Barlay may modify these Terms from time to time. Material changes will be indicated by updating the "Last Updated" date above, and, where required by law or where the change is material, we will provide additional notice through the Services or by email. Your continued use of the Services after changes take effect constitutes acceptance of the revised Terms. Changes to Section 18 (Dispute Resolution) will not apply to disputes for which the parties have actual notice before the change takes effect.
Entire agreement. These Terms, together with the Privacy Policy and any additional rules or terms presented within the Services (including official promotion rules published for a venue, which are incorporated by reference where applicable), constitute the entire agreement between you and Barlay regarding the Services.
Severability. If any provision of these Terms is held invalid or unenforceable, that provision shall be enforced to the maximum extent permissible and the remaining provisions shall remain in full force and effect.
No waiver. Barlay's failure to enforce any provision is not a waiver of that provision or any other.
Assignment. You may not assign these Terms. Barlay may assign these Terms in connection with a merger, acquisition, or sale of assets.
Force majeure. Barlay is not liable for any failure or delay caused by events beyond its reasonable control, including acts of God, government action, network or utility failures, labor disputes, epidemics, or failures of third-party providers.
No third-party beneficiaries. Except for Apple as described in Section 2 and the Company Parties as described in Sections 15 through 17, these Terms create no third-party beneficiary rights.
Responsible play. Barlay is a free entertainment platform. Playing is always free — no purchase is necessary, no money is ever exchanged, and nothing you play with on Barlay has cash value. Barlay does not offer, facilitate, or condone real-money gambling of any kind. Barlay is meant to be fun; if it ever stops feeling that way, take a break — you may step away or delete your account at any time as described in Section 12. If you or someone you know has concerns about gambling, free and confidential help is available 24/7 from the National Problem Gambling Helpline: call or text 1-800-GAMBLER (1-800-426-2537).
Email: barlayentertainment@gmail.com
Mail: TCJ LLC, 800 N King Street, Suite 304, Wilmington, Delaware 19801
You may request a copy of the Terms you accepted at registration by emailing us at the address above.