Terms And Conditions
These Terms of Service have been updated as of December 16, 2024, and supersede and replace all prior Terms & Conditions. These Terms of Service(“the Terms” or “TOU”) form a binding agreements between You and Layup Inc. (“Layup,” “Layup Inc.” “Us, “We” or “Sponsor”) which provide all of the terms and conditions governing Your access and use of the www.trylayup.com and any related Layup applications (the “Platform”) as well as Your creation of Your Layup Customer Account, use of the Sweepstakes on the Platform, participation in any Sweepstakes Promotions, and any transactions or dealings with Us in any way (collectively, the “Services”). Layup Inc. reserves the right to amend or revise these Terms of Service at any time without notice. You are advised to check the Terms of Service regularly for any amendments or updates.
Introduction
These Terms of Service apply to you and are binding on you if you choose to Participate.
You must read these Terms of Service in their entirety before accepting these terms of Service in the mobile application. By utilizing the Platform you are accepting these Terms of Service, you confirm that you have read and agree to be bound by these Terms of Service, which include and are linked to our Official Rules (Sweepstakes Rules), Privacy Policy, and other terms relevant to your Participation.
If you do not agree with any provision of these Terms of Service or any other linked policy, rules, or terms, you must not accept the terms provided in the mobile application, and you must not use the Service.
ONLY PLAYERS IN THE STATES OF THE UNITED STATES OF AMERICA (EXCLUDING ARKANSAS AND GEORGIA) ARE ELIGIBLE TO ENTER SWEEPSTAKES AND SIGN UP TO LAYUP, SUBJECT TO THESE TERMS OF SERVICE AND THE SWEEPSTAKES RULES.
Layup Inc is a financial technology company, not a bank. Banking services provided by nbkc bank, Member FDIC.
1. DEFINITIONS
Layup Wallet refers to your savings balance that may be held at nbkc bank (“Bank”) in an omnibus custodial account (“Omnibus Account”) for your benefit. Layup Tickets / “Tickets” are in-app elements that are used to enter into Layup Sweepstakes solely sponsored by Layup, Inc. Tickets have no monetary value and cannot under any circumstance be exchanged for anything of monetary value.
Layup Sweepstakes / “Layups” means any Sweepstakes that require Tickets to enter.
Tickets Balance refers to the amount of Tickets a customer has at a given point in time.
Wallet Balance represents the pending balance of a Layup Wallet or the Prizes won by a customer who has not yet registered for a Layup Wallet.
Layup Customer Account/Customer Account encompasses the entire profile of a customer, made up of the Tickets Balance, Wallet Balance, Layup Wallet, etc.
Platform means a mobile application or technology belonging to, or licensed to, Layup, Inc.
Participation/To Participate is when a customer enters a Layup Sweepstakes.
Fraudulent Conduct means any of the conduct described in Section 5.
Sweepstakes Rules means the Layup Sweepstakes Rules available on the Platform.
Terms of Service means these terms of Service, as amended from time to time.
Content means text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code, and other material used, displayed, or available as part of the Games and Platform.
Layup, Sponsor, We, or our means Layup, Inc.
Boost(s) means an in app incentive(s) that provides the user with Tickets in return for completing actions, such as saving money.
Prize(s) means Tickets or money that can be won based on the outcome of a Sweepstakes.
Earns means the acquiring of Tickets from interacting with a Boost(s).
Game means a specific sporting event.
Included Territory: refers to locations where a user can participate from. Currently the United States of America with the exception of the following states: Arkansas and Georgia.
Excluded Territory: refers to locations where a user cannot participate from. Anywhere that is not part of the included territories.
Player(s) refers to any individuals participating in a Layup Sweepstakes
Winner means a Player that has been awarded a prize based on the outcome of a Sweepstake.
Prize Boost is a representation of the increase that a boost has on the prizes you are playing for
2. YOUR PARTICIPATION
Restrictions
2.1 You hereby declare and warrant that:
(a) you are over 18 years of age.
(b) you are a resident of the United States of America and are not participating while in the states of Arkansas or Georgia.
(c) all information that you provide to us during the term of validity of these Terms of Service is true, complete, and correct, and you will immediately notify us of any change to such information.
2.2. It is a Player’s responsibility to ensure that their Participation is lawful in their jurisdiction. Any person who is knowingly in breach of this clause, including any attempt to circumvent this restriction, for example, by using a VPN, proxy, or similar service that masks or manipulates the identification of your real location, or by otherwise providing false or misleading information about your location or place of residence, or by Participating through a third party or on behalf of a third party located in a jurisdiction where it is unlawful to Participate, is in breach of these Terms of Service. You may be committing fraud and may be subject to criminal prosecution.
3. YOUR CUSTOMER ACCOUNT
Single Account
3.1. You are allowed to have only one Customer Account on the Platform. If you attempt to open more than one Customer Account, all accounts you have opened or try to open may be canceled or suspended, and the consequences described in Section 5 may be enforced.
3.2. You must notify us immediately if you notice that you have more than one registered Customer Account on the Platform.
3.3 You are prohibited from allowing anyone else to access or use your Customer Account for any purpose.
Accuracy
3.4. You are required to keep your registration details up to date at all times. If you change your address, email, phone number, or any other contact or personal information, contact support@layup.zendesk.com in order to update your details. The name that you provide to us at registration must be identical to that listed on your government-issued identification.
Password
3.5. As part of the registration process, you will have to choose a password to login into the Platform. It is your sole and exclusive responsibility to ensure that your login details are kept secure. You must not disclose your login details to anyone. We are not responsible for any abuse or misuse of your Customer Account by third parties due to your disclosure of your login details to any third party, whether such disclosure is intentional or accidental, active or passive. If your password is lost or stolen, or if there is unauthorized use of your account, contact us immediately at support@layup.zendesk.com.
Account Transfers
3.6. You are not allowed to transfer Layup Tickets between Customer Accounts or from your Customer Account to other Players.
Closing of Customer Accounts
3.7. If you wish to close your Customer Account, you may do so at any time by selecting the “Request Account Deletion” link on the Platform and submitting a request to close your Customer Account. The effective closure of the Customer Account will correspond with the termination of the Terms of Service.
3.8. You will not be able to reopen your previously closed Customer Account. You can create a new account in line with clauses 2.1 and 3.1
Discretion to Refuse or Close Accounts
3.9. We reserve the right to refuse or close a Customer Account at our sole discretion, but any contractual obligations already made by us will be honored accordingly.
4. Layup Wallet
4.1 Deposit Network Service Acknowledgement. When you complete the Layup Wallet Setup a Layup Wallet is included to hold your savings balance.
By utilizing the Layup Wallet, your beneficial funds may be held at nbkc bank (“Bank”) in an omnibus custodial account (“Omnibus Account”). In its ordinary course of business, Bank may deposit your funds into a network of other FDIC-insured depository institutions (each a “Network Bank” and together, the “Network Banks”) through a deposit network program administered by a third-party service provider (“Deposit Network Administrator”) and held in custody by a third-party custodian (the “Custodian Bank”) (a “Deposit Network Service”). To facilitate the placement of these funds, you appoint nbkc bank as your agent with respect to the Deposit Network Service, further authorizing nbkc bank to appoint a Deposit Network Administrator. At any given time, all, none or a portion of the funds deposited into your Omnibus Account may be placed into a Deposit Network Service and held beneficially in your name at Network Banks. You are not required or permitted to take any action with respect to the Deposit Network Services. The use of the Deposit Network Services will not create a direct relationship between you and: (i) any of the Network Banks, (ii) the Deposit Network Administrator or (iii) the Custodian Bank. The Deposit Network Administrator, as agent of Bank, maintains records of the balance of each depositor beneficially held at each Network Bank. Bank utilizes Deposit Network Services provided by ModernFi Advisers, LLC, a Delaware limited liability company (“ModernFi) and your account will receive services exclusively from the designated Deposit Network Administrator. For a list of participating network banks, visit: https://www.modernfi.com/nbkcbanklist
4.2 Applicability and Impact of FDIC Insurance. The FDIC is an independent agency created by the United States Congress that provides deposit insurance to depositors in commercial banks and savings institutions legally chartered to offer banking services in the United States. FDIC deposit insurance is backed by the full faith and credit of the United States government. FDIC deposit insurance covers the depositors of a failed FDIC-insured depository institution dollar-for-dollar, principal plus any interest accrued, through the date of a bank failure, up to at least the then current Standard Maximum Deposit Insurance Amount, or “SMDIA,” as determined by the FDIC. As of July 17, 2019, the SMDIA is $250,000. As a part of the Deposit Network Services, the amount of your beneficial funds from the Omnibus Account deposited at any Network Bank will not exceed the then applicable SMDIA. As a result, assuming that you have no funds in any of the Network Banks, your funds would be eligible for extended protection through FDIC insurance once funds arrive at the Network Banks. The Deposit Network Service allocates funds solely on data provided to it by Bank. Therefore, if you or Bank maintain funds at any of the Network Banks directly or through an intermediary, your funds at such Network Bank may not be fully insured by the FDIC in the event the aggregate balance of all accounts beneficially owned by you at such Network Bank exceeds the then-current SMDIA. In the event you have funds at any of the Network Banks, your deposit insurance coverage may be adversely affected, and your principal and any accrued interest may not be fully insured by the FDIC, even if the total amount deposited in that Network Bank through the Deposit Network Service is less than the SMDIA. Therefore, you may be subject to loss in the event of a failure of a Network Bank if the aggregate amount of your beneficial funds exceeds the SMDIA at such institution. To learn more about FDIC insurance please carefully review the information provided by the FDIC at: https://www.fdic.gov/deposit/deposits.
4.3 Payment Scheduling Service Terms: By opening a Layup Wallet, you authorize us to automatically withdraw funds from a linked bank account that you select during enrollment ("Linked Account"), in the amount and in the frequency (such as weekly or monthly) you designate during enrollment, subject to the Electronic Fund Transfer (“EFT”) Authorization (see ACH terms below, to which you agree when you create a Layup Wallet).
We’ll hold your funds in a custodial account as described below. We’ll continue to automatically withdraw funds from your Linked Account to hold in the custodial account, unless a. you tell us to stop by contact our customer support team by selecting the “Contact Us” link on the Platform or by emailing support@layup.com.
, b, you close your Layup Wallet, or c. we’re unable to process your transfer (e.g., if there are insufficient funds in your Linked Account).
You’re solely responsible for ensuring your Linked Account has sufficient funds for each withdrawal at the time such funds are withdrawn. You’re also responsible for ensuring each savings amount designated by you is appropriate for your particular situation. If you don't have sufficient funds in your Linked Account, you may incur an insufficient funds or overdraft fee from your bank, and we bear no liability for any fee that may be imposed by your bank.
You remain the legal owner of the funds held for your benefit in the custodial account. However, you may not use your savings funds while held in the custodial account to make any purchases, withdraw cash (other than to transfer your funds back to your Linked Account), transfer funds to any third party, or for any other purpose.
Your savings funds will remain in the custodial account until you instruct us to transfer your funds back to your Linked Account. It may take up to 5 business days from when we receive your request to complete the transfer. It’s important for you to know the amount of funds you’ve saved before you request a transfer to your Linked Account. If you instruct us to transfer your funds back to your Linked Account and the amount of your requested transfer exceeds the amount of your savings funds, your request will be declined. Additionally, transfers are subject to limits outlined in Section 14
You may check your savings fund balance and initiate a transfer back to your Linked Account at any time by accessing your savings through the Platform. You authorize us to transfer your funds back to your Linked Account without notice to you if a. you terminate your Layup Wallet, b. we’re required to do so under applicable law or by any government agency, or c. we, in our sole discretion, suspect that your use of savings is for illicit purposes or otherwise is in violation of these Terms.
5. FRAUDULENT CONDUCT
5.1. You will not, directly or indirectly:
(a) hack into any part of the Platform through password mining, phishing, or any other means;
(b) attempt to modify, reverse engineer, or reverse-assemble any part of the Layup Sweepstakes or Platform;
(c) knowingly introduce viruses, Trojans, worms, logic bombs, spyware, malware, or other similar material;
(d) engage in any form of cheating or collusion;
(e) use the Platform and the systems of Layup, Inc to facilitate any type of illegal money transfer (including money laundering proceeds of crime); or
(f) participate in or take advantage of, or encourage others to participate in or take advantage of schemes, organizations, agreements, or groups designed to share:
(i) special offers or packages emailed to a specific set of Players and redeemable by URL; or
5.2. You must not use the Platform for any unlawful or fraudulent activity or prohibited transaction (including Fraudulent Conduct) under the laws of any jurisdiction that applies to you. We monitor all transactions in order to prevent money laundering.
5.3. If Layup, Inc suspects that you may be engaging in or have engaged in fraudulent, unlawful, or improper activity, including money laundering activities or any conduct that violates these Terms of Service, your access to the Platform will be deactivated immediately, and your Customer Account may be suspended. In addition, Layup Inc may be required to report such activity to the relevant authorities, and you will cooperate fully with any Layup, Inc investigation into such activity.
6. DEACTIVATION / LIMITATION / SUSPENSION OF ACCOUNT
6.1. Layup Inc hereby reserves the right to deactivate, limit, or suspend your Customer Account for any reason whatsoever at any time without notifying you.
6.2. Without limiting Section 5.1, we hereby reserve the right, at our sole discretion, to deactivate or suspend your Customer Account (notwithstanding any other provision contained in these Terms of Service) where we have reason to believe that you have engaged or are likely to engage in any of the following activities:
(a) you breached, or assisted another party to breach, any provision of these Terms of Service or the Sweepstakes Rules, or we have a reasonable ground to suspect such breach;
(b) you have more than one Customer Account on the Platform;
(c) the name registered on your Customer Account does not align with the name on the Linked bank account.
(d) your communication with us through email, social media, or other means consists of harassment or offensive behavior or comments, including (but not limited to) threatening, derogatory, abusive or defamatory statements or remarks, libel, and/or publishing publicly such statements about the Company or individuals associated with the Company;
(e) your Customer Account is deemed to be an Inactive Account;
(f) you become bankrupt;
(g) you provide incorrect or misleading information while registering or verifying a Customer Account including, but not limited to, name, state of residence, date of birth and/or any other identity details;
(h) you attempt to use your Customer Account through a VPN, proxy or similar service that masks or manipulates the identification of your real location, or by otherwise providing false or misleading information regarding your citizenship, location or place of residence, or by playing Sweepstakes using the website through a third party or on behalf of a third party;
(i) you are not over 18 years of age;
(j) you are located in or participated from an Excluded Territory;
(k) you have allowed or permitted (whether intentionally or unintentionally) someone else to participate using your Customer Account;
(l) where Layup Inc has received a “charge back”, claim or dispute and/or a “return” notification via a payment mechanism used on your financial/bank account or online wallet;
(m) you have failed our due diligence procedures, or are found to be colluding, cheating, money laundering or undertaking any kind of fraudulent activity;
(n) it is determined by Layup inc that you have employed or made use of any system (including, but not limited to, machines, computers, software or other automated systems such as bots) designed specifically to gain an unfair advantage and/or intentionally exploit mispriced markets that may be available occasionally on the Platform; or
(o) it is determined by Layup Inc that you intentionally and knowingly exploited (or attempted to exploit) system or data errors by making picks on obviously incorrect markets and lines (e.g. past post, reversed lines, and others.)
6.3. If Layup Inc deactivates or suspends your Customer Account for any of the reasons referred to in Section 6.2 above, you will be liable for any and all claims, losses, liabilities, damages, costs and expenses incurred or suffered by Layup Inc (together “Claims”) arising therefrom and you will indemnify and hold Layup Inc. harmless on demand for such Claims.
6.4. If we have reasonable grounds to believe that you have participated in any of the activities set out in Section 6.2 above, then we reserve the right to withhold all or part of the balance and/or recover from your Customer Account any Prizes that are attributable to any of the activities contemplated in Section 6.2. In such circumstances, your details may be passed on to any applicable regulatory authority, regulatory body or any other relevant external third parties.
6.5. If your Customer Account is confirmed to have been deactivated due to fraudulent or illegal activity by you, the redeemed value of any Prizes credited to your Customer Account will be forfeited.
6.6. Layup is a platform for recreational use only. If your Customer Account is determined, in our best judgment, to be professional or non-recreational, we reserve the right to limit your ability to play.
6.7. If your Customer Account is deactivated, limited, or suspended you, and other members of your household, are not permitted to open a new account, unless expressly authorized by Layup in writing.
6.8. The rights set out in this Section 6 are without prejudice to any other rights that we may have against you under these Terms of Service or otherwise.
7. INDEMNITY AND LIMITATION OF LIABILITY
Indemnity
7.1 You agree to indemnify and hold harmless Layup, Inc., its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Service or any activity related to your customer account (including negligent or wrongful conduct) by you or any other person accessing the service using your customer account.
Limitation of Liability
7.2 Layup, Inc. shall not be liable for any special, direct, indirect, incidental, or consequential damages that result from the use of, or the inability to use, the services or the performance of the products offered on the Platform, even if Layup, Inc. has been advised of the possibility of such damages. Federal state law may preclude the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, Layup, Inc.'s liability will be limited to the fullest extent permitted by applicable law.
Statute of Limitations
7.3 You and Layup agree that any claims, regardless of form, arising out of or related to the Platform (including the Service) or these Terms of Service or Privacy Policy must BE FILED within ONE (1) YEAR of the action, omission, event or occurrence giving rise to the claim or suit, after which such claims will be time-barred and prohibited, without regard to any longer period of time which may be provided by any period of limitation or repose by law or statute.
Negligence
NOTHING IN THESE TERMS OF SERVICE WILL OPERATE SO AS TO EXCLUDE ANY LIABILITY OF LAYUP INC. FOR FRAUD, DEATH OR PERSONAL INJURY THAT IS CAUSED BY LAYUP INC.’S NEGLIGENCE.
8. VIRUSES
Although we take all reasonable measures to ensure that the Platform and Sweepstakes are free from computer viruses, we cannot and do not guarantee that the Platform and Sweepstakes are free of such problems. It is your responsibility to protect your systems and have in place the ability to reinstall any data or programs lost due to a virus.
9. PROMOTIONS
9.1. All promotions, including Sweepstakes Games, contests, special offers and Boosts are subject to these Terms of Service, the Sweepstakes Rules and subject to any additional terms that may be published at the time of the promotion.
9.2. Layup Inc reserves the right to withdraw or modify such promotions without prior notice to you.
9.3. If, in the reasonable opinion of Layup, we form the view that a Player is abusing any promotion, to derive any advantage or gain for themselves or another Player, including by way of Fraudulent Conduct, we may, at our sole discretion, withhold, deny or cancel any advantage, Bonus or Prize as we see fit, or terminate of suspend the Account of such Player.
10. DISRUPTIONS AND CHANGE
No Warranties
10.1 The Sweepstakes is provided on an "as is" basis and to the fullest extent permitted by law, we make no warranty or representation, whether express or implied, in relation to the satisfactory quality, fitness for a particular purpose, completeness, or accuracy of the Sweepstakes.
Malfunctions
10.2 Layup, Inc. is not liable for any downtime, server disruptions, lagging, or any technical or political disturbance to the Sweepstakes or customer accounts, nor attempts by you to Participate by methods, means, or ways not intended by us. Furthermore, Layup, Inc. accepts no liability for any damages or losses which are deemed or alleged to have arisen out of or in connection with the Platform or its Content, including without limitation, delays or interruptions in operation or transmission, loss or corruption of data, communication or lines failure, any person’s misuse of a Platform or its Content or any errors or omissions in Content.
System Malfunctions
10.3 In the event of a Platform system malfunction, all Sweepstakes on that Platform are void.
Changes and Improvements
10.4 Layup, Inc. reserves the right to remove any part of the Sweepstakes from the Platform at any time and also reserves the right to modify, suspend, or discontinue the Sweepstakes with or without notice at any time and without any liability to you.
11. PRIVACY POLICY
Layup, Inc. is committed to protecting your privacy. We adhere to all federal and state laws concerning the protection of
personal information. For further details, please see our Privacy Policy, which outlines our practices towards handling any personal information that you may provide to us.
12. COMPLAINTS AND CUSTOMER SUPPORT
Customer Support
12.1 If you have any queries or require assistance with the service, you may contact our customer support team by selecting the “Contact Us” link on the Platform or by emailing support@layup.zendesk.com.
Complaints
12.2 If you have a complaint about the service, you must submit your complaint as soon as possible after the event that has caused the complaint. We will undertake to resolve any complaint with you as quickly and efficiently as possible.
13. GENERAL PROVISIONS
Governing Law
13.1 These Terms of Service and any disputes related to these terms or the Layup service will be governed by the laws of the State of New York, without regard to its conflict of laws rules.
Severability
13.2 If any provision of these Terms of Service is deemed invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Service, which shall remain in full force and effect.
Entire Agreement
13.3 These Terms constitute the entire agreement between you and Layup, Inc. regarding the use of the Layup services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Layup, Inc. with respect to Layup services.
Explanation of Terms of Service
13.4 We consider these Terms of Service to be open and fair. If you need any explanation regarding these Terms of Use or any other part of our Service contact support@layup.zendesk.com.
13.5 The Terms of Service prevail over any communication via email or chat.
13.6 All correspondence between you and us may be recorded.
13.7 Layup Inc. will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms of Service that is caused by events outside of our reasonable control, including but not limited to an act of God, hurricane, war, fire, riot, earthquake, weather, pandemic or endemic, terrorism, act of public enemies, strikes, labor shortage, actions of governmental authorities or other force majeure event.
14. DEPOSIT AND WITHDRAWAL LIMITS
Initial Limits:
Deposits: You may deposit a maximum of $1,500 per day.
Withdrawals: You may withdraw a maximum of $250 per day.
Amendments to Limits:
14.2 These limits are implemented to ensure security and integrity in your transactions on the Platform. Layup, Inc. reserves the right to adjust these limits based on individual circumstances or for security reasons.
14.3 Layup will review and amend Deposit and Withdrawal limits as deemed appropriate based on Layup Wallet activity. All changes to limits will be clearly communicated to the Customer.
Extraordinary Circumstances:
14.4 In the event of extraordinary circumstances, you may contact Layup, Inc. to request an increase in your deposit and withdrawal limits during this initial period. Requests will be reviewed on a case-by-case basis.
