Giveaway Terms & Conditions

Giveaway Official Rules (“Official Rules”) and Legal Disclaimer

Last Updated: July 25, 2024

INTRODUCTION

PLEASE READ THESE RULES CAREFULLY PRIOR TO PARTICIPATION OR ENTRY. NO PURCHASE IS NECESSARY TO REGISTER, ENTER, OR WIN. OPEN ONLY TO INDIVIDUALS AGED 18 OR OLDER WHO ARE LEGAL RESIDENTS OF THE UNITED STATES OR THE DISTRICT OF COLUMBIA. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED BY LAW.

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN.

A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

From time to time, NOCAP Sports may offer sweepstakes and/or contests on its official third-party social media pages, such as Instagram and Facebook and X (collectively, the “Social Media Sites”) and/or on its website (www.nocapsports.io), and/or through a brand partner’s Social Media Sites and/or independent contractor’s Social Media Sites. Each such giveaway or sweepstakes is referred to as a “Social Media Giveaway” or “Giveaway.” The Social Media Post setting forth the method of entry for each Social Media Giveaway that is posted is referred to as a “Giveaway Social Media Post.” Please read these Official Rules before entering a NOCAP Sports Social Media Giveaway. You agree that, by submitting an entry to a Social Media Giveaway, you will be bound by these Official Rules and the rules on the Giveaway Social Media Post and you acknowledge that you satisfy all Social Media Giveaway eligibility requirements. By participating in each Social Media Giveaway, you agree to the terms and conditions of the NOCAP Sports website, which are available at https://www.nocapsports.io, incorporated herein by reference, and that your participation will be governed by, and you shall abide by, all of the following rules outlined herein.

ELIGIBILITY

Open to individual legal residents of the 50 United States or the District of Columbia who are 18 years of age or older and who are legal residents of the United States or the District of Columbia. The following individuals are not eligible to enter or win NOCAP Sports Social Media Giveaways: current or former (within the immediately preceding 12 months) employees, officers, directors, and contractors of NOCAP Sports, and anyone involved in the administration of the Giveaway, and any member of the immediate family (i.e., a parent, sibling, child or grandchild) or household of any of the foregoing individuals.

GIVEAWAY PERIOD

Each Social Media Giveaway begins and ends on the dates and times as specified on the Giveaway Social Media Post (the “Giveaway Entry Period”). Entries will only be accepted during the Giveaway Entry Period.

HOW TO ENTER

Follow the instructions on the Giveaway Social Media Post to enter a Giveaway (the “Entry”). If the Entry is in the form of an original photograph or comment, you warrant and represent that:

· your Entry is original and does not infringe the intellectual property rights of any third party,

· you own or have the necessary licenses, rights, consents, and permissions to publish and exploit the Entry,

· the Entry does not feature trademarks, logos, or brand names other than NOCAP Sports or a NOCAP Sports’ partner or affiliated brand, and

· the Entry is not made for any improper purpose such as to intimidate or harass any individual or to ridicule, disparage, or embarrass NOCAP Sports or a partner brand.

And you grant a right to NOCAP Sports to a royalty-free, irrevocable, transferrable, sublicensable, and non-exclusive license to republish the Entry for promotional purposes of the Giveaway by NOCAP Sports or a brand partner.

Limit one Entry per person per Giveaway unless otherwise stipulated.

To preserve the standards of a Giveaway, NOCAP Sports may occasionally ask for additional information which will be used for fraud prevention.

No Entry shall contain any language or imagery which NOCAP Sports deems, in its sole and absolute discretion, to be inappropriate, indecent, obscene, hateful, tortious, defamatory, or that promotes discrimination on the basis of race, gender, religion, nationality, disability, sexual orientation, or age. NOCAP Sports reserves the right, in its sole discretion, to disqualify any Entry that contains any such language or imagery or which otherwise may be in violation of any law.

Late, incomplete and/or inaccurate entries and entries not complying with all Rules are subject to disqualification. Any form of automated entry, including by the use of macros, scripts or bots, will be disqualified. Furthermore, by entering, each Participant represents and warrants that each Entry complies with these Giveaway Rules in full. NOCAP Sports reserves the right in its sole discretion to disqualify and/or not accept any Entry that NOCAP Sports determines does not or is likely not to comply with these guidelines.

Number of Entries: One Entry per Social Media account, unless otherwise stipulated on the Giveaway Social Media Post. Any Entries over the limit will be deemed ineligible and will not be entered into the Giveaway.

By participating, each person who participates (each a “Participant”) agrees to be fully and unconditionally bound by these Rules, and represents and warrants that he/she meets the eligibility requirements set forth herein.

By entering a Giveaway, you will not be eligible to receive any prizes awarded in any other Giveaway unless you enter each Giveaway separately.

PRIZE

Prize shall be as stated on the Giveaway Social Media Post. No cash or other prize substitutions are permitted except at NOCAP Sports sole discretion. The prize is non transferable. Online gift card prizes shall be subject to the terms and conditions delivered with the online gift card. Each winner will be responsible for paying all costs and expenses related to a prize that are not specifically mentioned, including, but not limited to, income taxes, and any other expenses that might reasonably be incurred by the winner in receiving or using the prize. Winner should consult a tax professional to discuss the winner’s particular situation. Each winner may be required to submit his/her social security number or taxpayer ID to NOCAP Sports in order to claim a prize. If a winner does not provide his/her social security number or taxpayer ID as requested by NOCAP Sports, the winner will no longer be eligible to receive the prize and the prize will be forfeited and returned to NOCAP Sports.

Each prize will be awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). If you win a prize, you may not transfer, assign, or redeem the prize for cash. NOCAP Sports reserves the right to substitute a prize with a gift card or other prize of value equal to or greater than the value paid by NOCAP Sports while setting up the Giveaway.

GRANT OF RIGHTS

By accepting the Prize, the Winner agrees to grant NOCAP Sports and its designees the irrevocable, royalty-free right to use the person’s name and city and state of residence in connection with the execution and promotion of the Giveaway.

SELECTING AND NOTIFYING PRIZE WINNER

NOCAP Sports will award a prize to one or more individuals who enter the Social Media Giveaway as specified in the Giveaway Social Media Post. The start and end dates and times of the Social Media Giveaway, method of entry, prize(s) and value of prize(s), and winner selection method will be specified on the Giveaway Social Media Post. Winner(s) will be selected by random drawing from among all eligible entries received, unless otherwise stated. Odds of winning depend on the number of eligible entries received.

Limit one prize per person per Social Media Giveaway, unless otherwise stated.

The Winner will be notified via direct message to the Social Media Site account or email associated with the Winner’s Entry, and must respond within forty-eight (48) hours to claim the prize.

TERMS

All federal, state, and local laws and regulations apply, and the Giveaway is void where prohibited. NOCAP Sports reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Giveaway should (in its sole discretion) a virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Giveaway. In such a case, NOCAP Sports may select the recipients from all eligible Entries received. NOCAP Sports reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Giveaway or who violates these Giveaway Rules.

NOCAP Sports shall not be responsible for retaining copies of any Entry. These Giveaway Rules set forth the entire agreement and understanding between NOCAP Sports and Participant concerning the subject matter hereof and merges and supersedes all prior discussions, agreements, and understandings of any kind between them.

Participants shall be deemed an independent contractor and nothing contained herein shall constitute this arrangement to be employment, a joint venture, or a partnership. NOCAP Sports’ failure to enforce any provision of these Giveaway Rules shall not constitute a waiver of any provision contained herein. If any provision of these Rules is found to be invalid or unenforceable by a court of competent jurisdiction or appointed arbitrator, such determination shall in no way affect the validity or enforceability of any other provision herein. The titles of Sections of these Giveaway Rules are for convenience only and shall not be given any legal effect. The word “including” is used in these Giveaway Rules to mean “including but not limited to.”

If there is a dispute as to the identity of an entrant, the Prize will be awarded to the authorized account holder of the Social Media Site account associated with the winning Entry, as registered with the Social Media Site at the actual time of entry, or, if applicable, to the authorized account holder of the email address associated with the winning Entry, as registered with the organization responsible for assigning email addresses for the domain associated with the Winning Entries submitted email address. NOCAP Sports shall have no liability for a Winner’s failure to receive notices due to Winners’ failure to check their Social Media Site messages, or for emails sent to spam, junk e-mail or other security settings or for Winners’ provision of incorrect or otherwise non-functioning contact information.

No greater than the number of prizes stated on the Giveaway Social Media Page will be awarded. If any technical or other errors occur in the selection of a potential winner or if more prizes are claimed than the number of prizes specified on the Giveaway Social Media Page, NOCAP Sports may award the prize(s) by random drawing from among all eligible claimants.

LIMITATION OF LIABILITY

By entering, each Participant agrees to hold harmless NOCAP Sports and its affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors (all of the foregoing, the “Sponsor Parties”) from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) such Participant’s participation in the Giveaway and/or her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to any loss or damage to any Entry; (iii) the malfunctioning of any computer, cable, network, hardware or software; (iv) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (v) unauthorized human intervention in any part of the entry process or the Giveaway; (vi) electronic or human error which may occur in the administration of the Giveaway or the processing of Entries; to the maximum extent allowed by law. Some jurisdictions may not permit certain liability limitations or waivers. If any court determines the law of such a jurisdiction applies, our liability shall be limited to the greatest extent permitted by law.

ALL DECISIONS FINAL

All decisions of NOCAP Sports and Sponsor Parties are final and binding in all respects.

DISPUTES

THE GIVEAWAY IS GOVERNED BY THE LAWS OF THE UNITED STATES OF AMERICA AND THE STATE OF DELAWARE, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in the Giveaway, to the fullest extent allowed by law, Participant agrees that any and all disputes, claims, causes of action or controversies arising out of or in connection with the Giveaway, shall be resolved in arbitration individually and without resort to collective, class, or aggregate action. By registering and/or submitting an Entry, each Participant irrevocably waives, to the greatest extent allowed by law, any right to seek and/or obtain rescission and/or equitable and/or injunctive relief. Further, in any such dispute, under no circumstances will Participant be permitted to obtain awards for, and hereby waives all rights to claim, punitive, incidental, or consequential damages, including reasonable attorneys’ fees, other than Participant’s actual out-of-pocket expenses (i.e. costs associated with entering the Giveaway), and participant further waives all rights to have damages multiplied or increased.

NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT WILL NOCAP SPORTS OR THE SPONSOR PARTIES BE LIABLE TO ANY PARTICIPANT OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF REVENUES, LOST PROFITS, LOST CAPITAL OR OVERHEAD, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WHETHER OR NOT PARTICIPANT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

MISCELLANEOUS

Each Giveaway is governed by the laws of the United States. You agree that NOCAP Sports’ decisions related to the Giveaway and all distribution of prizes are final. Each winner agrees that, by participating in the Giveaway, NOCAP Sports may use the winner’s name in any manner and in any medium for its promotional purposes without additional compensation, including posting in a winner’s list, except where prohibited by law, and NOCAP Sports may be required to disclose the winner’s address to state regulatory authorities.

PRIVACY POLICY

In the event that a Giveaway calls for submission of information on the www.nocapsports.io website, all information submitted in connection with the Giveaway will be treated in accordance with the www.nocapsports.io Privacy Policy and Giveaway Terms and Conditions. All submissions through Social Media Sites will be governed by the Privacy Policy of the Social Media Site on which the Giveaway Social Media Post is posted.

DISCLAIMER

The Social Media Giveaways are in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram, X, or any other third party Social Media Sites and in no instance shall the Social Media Sites or their subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors (all of the foregoing, the “Social Media Sites Parties”) be liable for any disputes, claims, causes of action or controversies arising out of or in connection with a Social Media Giveaway.