Goof Sports, Inc. Terms of Use
Effective Date: October 2025
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Important Notice
These Terms of Service (the “Terms”) form a binding agreement between you (“you” or “User”) and Goof Sports, Inc. (“Goof,” “we,” or “us”). These Terms govern your access to and use of the Goof website, mobile applications, your Goof user account, participation in our free-to-play games, promotions, and contests (collectively, the “Games”), and any related services (the “Service”).
By using the Service, creating an account, or selecting “I agree” where that option appears, you accept these Terms and all incorporated policies.
If you do not agree, do not use the Service.
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No Real Money Gambling
The Service is an entertainment product. The Games do not offer real-money wagers. Goof uses virtual coins as described below. No purchase is required to play.
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Important Disclaimers
• No Real Money Gambling. The Goof platform and related services do not offer real-money gambling. No actual money is required to play. The Service is intended solely for entertainment purposes.
• No Purchase Required. Participation in the Games does not constitute gambling, and Goof does not offer real-money wagering.
• Goof Coins. The Platform uses Goof Coins, a non-transferable, virtual currency used for sweepstakes entries and gameplay. Goof Coins have no cash value and cannot be redeemed or exchanged for money.
• Arbitration and Class Action Waiver. These Terms include a binding mandatory arbitration and class action waiver provision that affects your rights. Please read carefully before using the Platform. Any past, present, or future dispute, claim, or controversy between you and Goof shall be resolved exclusively through final and binding arbitration conducted on an individual basis. You may assert claims only in your individual capacity and solely for your own alleged losses. You may not act as a class representative or participate as a member of any class, collective action, private attorney general, qui tam, or other representative proceeding. By accepting these Terms, you waive the right to bring an action in court or to have a jury trial, except as otherwise expressly provided herein.
• Opt-Out Right. If you do not wish to be bound by the arbitration provisions of these Terms, whether relating to prior, existing, or future claims, and you have not previously agreed to an arbitration provision with us, you may opt out within thirty (30) days of accepting these Terms. To do so, follow the instructions set forth in the “Binding Arbitration Agreement and Class Action Waiver” (see Section 16 below). Any opt-out notice received after the thirty (30) day period shall be invalid. If you validly opt out, the remaining provisions of these Terms shall remain in full force and effect.
• Incorporated Policies. Please read these Terms of Use, the Arbitration Agreement and Class Action Waiver (see Section 16 below), and the Goof Privacy Policy carefully before using any Goof website, mobile application, or related service (collectively, the “Services”). By continuing to use the Services, you agree to be bound by these Terms and the incorporated Privacy Policy, Responsible Play Policy, and any other policies expressly made part of these Terms (collectively, the “Incorporated Policies”).
• Tracking Technology Waiver. It is an express condition of this Agreement that you irrevocably waive, release, and discharge any and all claims, past, present, or future, against Goof arising out of or relating to the use of tracking technologies, including but not limited to Meta Pixel, cookies, GET requests, or JavaScript embedded in the Company’s website that collects or analyzes data for analytics, functionality, or targeted advertising. Goof shall bear no liability to you for any claims of any kind arising from or related to the use of such technologies.
• Acceptance of Terms. You represent and warrant that you have the full right, authority, and legal capacity to accept and comply with these Terms, that you are of legal age to enter into a binding agreement, and that you have carefully read and fully understood these Terms. You must review these Terms in their entirety before selecting the checkbox indicating your acceptance. By accessing or using the Platform or Service, or by clicking to accept or agree where such an option is provided, you acknowledge that you have read, understood, and agreed to be bound by these Terms. All activity on the Platform, Website, and any transactions or interactions with Goof, including those occurring before your acceptance of these Terms, are governed by this Agreement.
• Third-Party Disclaimer. The Service is not sponsored, endorsed, or administered by, or otherwise associated with, Apple® or Google®. You acknowledge and agree that you are providing your information solely to Goof and not to Apple® or Google®.
• Non-Acceptance. If you do not agree to these Terms, you must immediately discontinue all access to and use of the Service.
1. CHANGES TO TERMS AND INCORPORATED POLICIES
1.1 Modifications to the Terms
Goof may modify or amend these Terms at any time. Updated versions will be posted on the Platform and include a revised effective date. Continued use of the Service after any modification constitutes acceptance of the updated Terms.
1.2 Notice of Changes
We may, but are not obligated to, notify Users of material updates via email or in-app notice. Regardless of notice, it remains your responsibility to review these Terms periodically.
1.3 Incorporated Policies
These Terms incorporate and include the Privacy Policy, Responsible Play Policy, and other posted policies. Continued use of the Platform following updates to any Incorporated Policy constitutes acceptance of the revised version.
1.4 Conflict
If there is a conflict between these Terms and any Incorporated Policy, these Terms shall control unless expressly stated otherwise.
1.5 Questions
Questions about these Terms or Incorporated Policies may be directed to support@goofsports.com.
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2. LIMITED REVOCABLE LICENSE (“LICENSE”)
2.1 License Grant
Subject to compliance with these Terms, Goof grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Platform and related services for personal, non-commercial entertainment only (“License”).
2.2 Goof Coins
The Platform uses virtual credits called Goof Coins, which may be earned through gameplay, promotions, or optional purchases. Goof Coins are licensed solely for entertainment and sweepstakes entry purposes. They hold no real-world monetary value, are non-redeemable, and cannot be transferred, exchanged, or sold.
2.3 No Purchase Required
No purchase is necessary to create a User Account or participate in the Games. The Platform will always provide Users with opportunities to obtain additional Virtual Coins or otherwise continue playing free-to-play Games if their Virtual Coin balance is depleted. Although purchases are never required to access or play the Games, Users may, subject to this License, choose to acquire additional Virtual Coins for use solely within the Platform.
You acknowledge and agree that all purchases are final, and Goof is under no obligation to issue refunds for any reason. Virtual Coins are non-transferable and have no cash or monetary value. If your User Account is suspended, terminated, or otherwise deactivated for any reason at our sole discretion, or if the Services are discontinued, all associated Virtual Coins will be permanently forfeited.
To the fullest extent permitted by law, if your User Account or any related subscription is terminated, suspended, or if any Virtual Coins are removed or revoked by us, no refund, credit, or conversion to cash or any other form of compensation shall be provided.
2.4 Ownership
All rights, title, and interest in the Platform, its software, and all content remain exclusively owned by Goof. Users acquire no ownership or proprietary interest in Goof Coins or any aspect of the Service.
2.5 No Sale or Transfer
You may not sell, trade, or transfer your account, Goof Coins, or sweepstakes entries to any other person or entity. Any attempt to do so is void and may result in account termination.
2.6 Modifications
Goof reserves the right to modify, adjust, or remove features or virtual items at any time, including the value or availability of Goof Coins, without liability to you.
2.7 Purchases Are Final
All purchases of Goof Coins are final. Goof is not obligated to issue refunds except at its sole discretion. Refund requests will be considered only in cases of verified system error or duplicate transaction.
2.8 Suspension and Revocation
Violation of these Terms or misuse of the Service will result in immediate revocation of your License, forfeiture of Goof Coins, and potential suspension or termination of your account.
2.9 Software Ownership
This Service is licensed, not sold, to you. Goof retains full ownership rights in the Platform and may alter or terminate your access at its discretion.
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3. ELIGIBILITY
3.1 Age and Jurisdiction
You must be at least eighteen (18) years old and physically located in a jurisdiction where participation in sweepstakes is legally permitted.
3.2 Restricted Territories
Access from restricted states or jurisdictions is prohibited. The full list of restricted territories is maintained at goofsports.com/states. Users found to be accessing from restricted locations will have their accounts suspended or terminated.
3.3 Personal Responsibility
It is your sole responsibility to ensure that participation is lawful in your location. Goof does not provide legal advice regarding your ability to participate. You are responsible for monitoring your User Account and ensuring that no individual under the age of 18 accesses the Service using your credentials. You accept full responsibility for any unauthorized use of the Service by minors and acknowledge that you are liable for all activity conducted through your User Account, including any transactions made using your credit card or other payment method by a minor.
3.4 Non-Transferability
Accounts are personal and non-transferable. You may not allow others to use your account or create multiple accounts.
3.5 Accuracy of Information
You represent and warrant that all information you provide to Goof is accurate, current, and complete. Misrepresentation or submission of false information is grounds for immediate suspension or termination.
3.6 Legal Capacity
By using the Platform, you affirm that you have the legal capacity to enter into binding agreements and to be bound by these Terms.
3.7 Fraudulent or Unlawful Activity
You shall not engage in any fraudulent, deceptive, or otherwise unlawful activity in connection with your participation in any Games. You shall not use any automated or software-assisted methods, including but not limited to “bots” or other programs designed to play or interact with the Games automatically. We reserve the right to invalidate any participation, entry, or result that, in our sole discretion, is associated with such prohibited conduct.
3.8 Abuse of Promotions
If, in our reasonable judgment, we determine that a User is abusing any promotion or attempting to obtain an unfair advantage for themselves or others, including through fraudulent behavior or manipulation, we may, at our sole discretion, withhold, deny, or cancel any bonus, reward, or promotional prize, and may suspend or terminate the User’s Account without prior notice.
3.8.1 Collusion and Exploitation Schemes
You shall not, directly or indirectly, participate in, facilitate, or encourage any group, scheme, or coordinated effort intended to exploit the Platform, including but not limited to:
(a) sharing or distributing hacks, exploits, or unauthorized methods for financial gain;
(b) redeeming promotional offers, bonuses, or special packages not intended for you, including offers distributed to specific users or groups via direct communication or URL; or
(c) sharing or submitting false or misleading identification documents (such as photographs, utility bills, or lease documents) for the purpose of concealing or falsifying identity or location information.
3.9 For any purchase or transaction made through the Platform, you must use only valid payment methods accepted by Goof or its authorized third-party payment processors (“Payment Agents”). The payment method used must lawfully belong to you and remain in your legal control (the “Payment Mechanism”).
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4. USER ACCOUNT
4.1 Account Registration
You must register for an account to access or use the Service. Only one account per individual is permitted. Goof reserves the right to refuse registration or terminate duplicate accounts.
4.2 Security of Account
You are responsible for maintaining the confidentiality of your login credentials. You agree not to share your password or allow others to access your account.
4.3 Unauthorized Access
If you suspect unauthorized access or use of your account, you must immediately notify support@goofsports.com. Goof is not responsible for losses resulting from your failure to safeguard credentials.
4.4 Dormant Accounts
Accounts inactive for a period of twelve (12) months or longer may be deemed dormant. Dormant accounts may be closed, and any Goof Coins associated with them forfeited.
4.5 Verification
Goof may require users to complete identity verification, age verification, and location verification before accessing certain features. Failure to complete verification may result in restricted access or account closure.
4.6 Self-Exclusion
You may voluntarily request temporary or permanent self-exclusion by contacting support@goofsports.com. During the self-exclusion period, you will be unable to access sweepstakes or deposit funds.
4.7 Account Termination
Goof reserves the right to terminate any account that violates these Terms, provides false information, or engages in fraud, abuse, or other improper conduct.
4.8 Account Closure by User
You may close your account at any time by contacting support at support@goofsports.com. Closure of your account will result in the forfeiture of all remaining Goof Coins and entries.
4.9 Suspension and Investigation
Goof may suspend any account during investigation of suspicious or prohibited activity. If Goof determines a violation occurred, the account may be permanently closed and all sweepstakes entries voided.
5. GAMES AND CONTESTS
5.1 Game Rules
Each Game or sweepstakes offered through the Platform may have its own specific rules, conditions, or entry requirements (“Official Rules”). It is your responsibility to review and understand these Official Rules prior to participating. By entering any Game or sweepstakes, you agree to comply with both these Terms and the applicable Official Rules.
5.2 No Real-Money Play
All Games offered on the Platform are free-to-play sweepstakes for entertainment only. You acknowledge and agree that no purchase or payment of any kind is required to participate, and no real-money wagers are accepted or awarded.
5.3 Fair Play
You agree to participate in Games solely for your own personal entertainment and to refrain from any activity that gives you or others an unfair advantage, including the use of scripts, bots, or automated play. Goof reserves the right to void entries or results that, in its sole discretion, appear to involve collusion, manipulation, or technical exploitation.
5.4 Prizes
Prizes awarded through sweepstakes or promotional Games are non-transferable and have no cash equivalent unless explicitly stated in the Official Rules. Goof reserves the right to substitute a prize of equal or greater value if a listed prize becomes unavailable.
5.5 Mail-In Entry
As described in Section 5 of these Terms, users may enter sweepstakes without purchase by mailing a valid entry to:
Goof Sports, Inc. Attn: Sweepstakes Entry
2810 N Church St, PMB 894737
Wilmington, DE 19802
Mail-in entries must meet all stated requirements and are processed in accordance with Goof’s sweepstakes procedures.
5.6 Disqualification
Goof may, in its sole discretion, disqualify any user who tampers with a Game, violates these Terms, or engages in behavior inconsistent with the spirit of fair play.
5.7 Publicity
By accepting a prize, you grant Goof permission to use your name, likeness, and city/state of residence for promotional purposes without further compensation, unless prohibited by law.
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6. PURCHASES
6.1 Authorized Payment Methods
All payments for Goof Coins must be made using a valid payment mechanism in your name through Goof’s authorized payment processors (“Payment Agents”). If any discrepancy is identified between your registered account name and the name linked to your payment method, Goof may suspend or void the transaction and adjust your Goof Coin balance accordingly.
6.2 Appointment of Payment Agents
You acknowledge that Goof may engage third-party Payment Agents to process transactions. Such agents operate under the same rights and authority granted to Goof for payment handling. Goof is not responsible for acts or omissions of Payment Agents outside the scope of their authorization.
6.3 Chargebacks
Initiating a chargeback or payment reversal without legitimate cause constitutes a material breach of these Terms. In the event of a chargeback, your account may be suspended, and the disputed amount will be treated as a debt owed to Goof. You must promptly resolve the outstanding balance through an alternative payment method.
6.4 Storage of Payment Information
By making a purchase, you authorize Goof and its Payment Agents to store your payment credentials securely in accordance with applicable laws and card-network rules to facilitate future transactions.
6.5 Currency
All purchases are processed in U.S. dollars (USD) unless otherwise specified. Applicable taxes may be added based on your jurisdiction.
6.6 Display of Balances
Your Goof Coin balance will be displayed on your account dashboard within the Platform. Delays in updating balances may occur due to network latency or technical interruptions.
6.7 Dormant Accounts
If your account remains inactive for twelve (12) months, it will be deemed dormant and any remaining Goof Coins will automatically expire and be forfeited.
6.8 Customer Support
For billing questions, contact support@goofsports.com. Responses are typically provided within 24 hours.
6.9 California Notice
Pursuant to California Civil Code § 1789.3, California Users may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
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7. PROMOTIONS
7.1 General Terms
Promotions, sweepstakes, contests, or special offers (collectively “Promotions”) may be offered by Goof from time to time. Each Promotion is subject to these Terms, the specific Official Rules for that Promotion, and any additional terms published at the time of the offer.
7.2 Eligibility
Participation in any Promotion is voluntary and may require separate registration. Goof reserves the right to determine eligibility and may exclude users who violate these Terms or the applicable Promotion rules.
7.3 Modification or Cancellation
Goof may modify, suspend, or cancel any Promotion at any time without notice.
7.4 Fraud Prevention
Goof may exclude any participant it reasonably believes has entered a Promotion using multiple accounts, automated means, or false information. All promotional bonuses or rewards obtained through fraudulent or unlawful means will be forfeited.
7.5 User Content in Promotions
By submitting any content as part of a Promotion (e.g., social-media posts, comments, or creative submissions), you grant Goof an irrevocable, worldwide, royalty-free license to use, reproduce, and display such content in connection with the Promotion and related marketing.
7.6 Publicity Release
Except where prohibited by law, participation in a Promotion constitutes your consent to Goof’s use of your name, likeness, and city/state of residence for advertising and promotional purposes without additional compensation.
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8. VERIFICATION
8.1 Verification Rights
Goof, or an approved third-party verification provider, may conduct checks including identity, age, credit background checks, and location verification, and, where applicable, source-of-funds or source-of-wealth screening to comply with legal and regulatory requirements.
8.2 Cooperation Requirement
You agree to promptly comply with all verification requests. Failure to provide requested documentation may result in suspension or termination of your account.
8.3 Required Documents
Verification may require government-issued identification, proof of address, or financial documentation (e.g., utility bill or bank statement).
8.4 Third-Party Providers
Goof may rely on independent service providers to complete verification. You authorize Goof to share necessary information for this purpose, subject to Goof’s Privacy Policy.
8.5 Location Services
You must enable device-based Location Services and permit Goof to access geolocation data to ensure compliance with jurisdictional restrictions and prevent use of VPNs or IP spoofing.
8.6 Failure to Verify
If verification cannot be completed, Goof may restrict, suspend, or permanently close your account.
9. INTELLECTUAL PROPERTY RIGHTS
9.1 Ownership
All intellectual property rights in and to the Platform, including but not limited to text, software, code, interfaces, graphics, logos, icons, design elements, audio clips, video clips, and all other content, are owned by or licensed to Goof Sports, Inc. and are protected by copyright, trademark, and other intellectual property laws.
9.2 Limited Use
Subject to compliance with these Terms, Goof grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for lawful purposes and in accordance with these Terms.
9.3 Restrictions
You may not copy, modify, distribute, display, perform, create derivative works from, or otherwise exploit any portion of the Platform except as expressly permitted in writing by Goof.
9.4 Trademarks
“Goof,” the Goof logo, and all related names, designs, and slogans are trademarks of Goof Sports, Inc. You may not use such marks without Goof’s prior written consent. All other trademarks appearing on the Platform are the property of their respective owners.
9.5 Feedback
By submitting feedback, comments, or suggestions regarding the Platform, you grant Goof a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate such feedback into the Platform or future products without compensation or attribution.
9.6 Reservation of Rights
Except for the limited license expressly granted herein, all rights, title, and interest in the Platform and its content remain the exclusive property of Goof and its licensors.
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10. USER CONTENT AND CONDUCT
10.1 User Content
You may have the opportunity to submit, post, or share content (including messages, images, comments, or other materials) through the Platform (“User Content”). You retain ownership of your User Content but grant Goof a worldwide, royalty-free, non-exclusive license to use, reproduce, distribute, and display such content for the purpose of operating and improving the Service.
10.2 Standards of Conduct
You agree not to use the Platform to post or transmit any content that:
• Is unlawful, abusive, harassing, defamatory, obscene, or otherwise objectionable;
• Infringes the intellectual property or privacy rights of others;
• Contains malware, spam, or deceptive material; or
• Interferes with or disrupts the operation of the Platform or any user’s experience.
10.3 Account Responsibility
You are solely responsible for any User Content submitted under your account. Goof may, but is not obligated to, monitor or remove User Content that violates these Terms or applicable law.
10.4 License Revocation
Goof reserves the right to remove, modify, or disable access to any User Content at its sole discretion and without notice.
10.5 Reporting Violations
If you encounter content that violates these Terms, please notify Goof immediately at support@goofsports.com with a description of the content and its location on the Platform.
10.6 No Expectation of Privacy
Communications or materials submitted through the Platform may be viewable by other users, moderators, or administrators. Do not share information you wish to remain confidential.
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11. THIRD-PARTY SERVICES
11.1 External Links
The Platform may contain links to third-party websites, products, or services (“Third-Party Services”). Goof provides these links for your convenience only and does not endorse or control such Third-Party Services.
11.2 Third-Party Terms
Your use of Third-Party Services is subject to their own terms and privacy policies. Goof is not responsible for any loss or damage arising from your use of such services.
11.3 No Endorsement
References to third-party trademarks, products, or services are provided solely for descriptive purposes and do not imply endorsement or affiliation.
11.4 External Integrations
Certain Platform features (e.g., social media logins, payment gateways, or data verification tools) may integrate with third-party APIs. By using these integrations, you authorize Goof to share limited account information necessary to operate those services.
11.5 Liability Disclaimer
Goof disclaims all responsibility and liability for the actions, content, or availability of Third-Party Services linked or integrated through the Platform.
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12. COPYRIGHT INFRINGEMENT AND DMCA NOTICE
12.1 Policy Overview
Goof respects the intellectual property rights of others and expects users to do the same. In appropriate circumstances and at its discretion, Goof may disable or terminate the accounts of users who repeatedly infringe copyright laws.
12.2 DMCA Compliance
If you believe that your copyrighted work has been copied and is accessible on the Platform in a way that constitutes infringement, please provide Goof’s designated agent with a written notice containing the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work you claim has been infringed;
3. The URL or description of where the infringing material is located on the Platform;
4. Your address, telephone number, and email address;
5. A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
12.3 Contact for DMCA Notices
Designated Agent for Copyright Complaints
Goof Sports, Inc.
Attn: Legal Department
2810 N Church St, PMB 894737
Wilmington, Delaware 19802
Email: legal@goofsports.com
12.4 Counter-Notification
If you believe your content was removed or disabled as a result of mistake or misidentification, you may submit a written counter-notice containing:
• Your name, address, and telephone number;
• Identification of the removed content and its prior location;
• A statement under penalty of perjury that you have a good faith belief the removal was a mistake;
• A statement consenting to the jurisdiction of the federal court in Delaware; and
• Your physical or electronic signature.
12.5 Repeat Infringers
Goof may terminate accounts of users determined to be repeat infringers or who violate this DMCA Policy multiple times.
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13. DISCLAIMERS, ERRORS, AND INTERRUPTIONS
13.1 Service Provided “As Is”
The Platform, including all Games, features, content, and user materials, is provided, transmitted, and made available on an “as is” and “as available” basis. Goof makes no warranties, express or implied, regarding the accuracy, reliability, completeness, or availability of the Service.
Without limiting the generality of the foregoing, you acknowledge and agree that:
(a) The Service may be interrupted or experience errors from time to time;
(b) Goof does not guarantee that any defects or errors will be corrected;
(c) The Platform may contain viruses, vulnerabilities, or other harmful components;
(d) Goof does not warrant the quality, accuracy, or validity of any information or materials made available through the Service;
(e) Your use of the Platform may not meet your expectations or requirements; and
(f) Data transmissions may not be secure, uninterrupted, or free from interception or loss.
To the fullest extent permitted by law, Goof expressly disclaims all warranties of any kind, whether express, implied, statutory, or otherwise, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
13.2 Exceptions
Certain jurisdictions do not allow the exclusion or limitation of specific warranties, liabilities, or damages. Accordingly, some of the above disclaimers may not apply to you. In such jurisdictions, Goof’s warranties and liability will be limited to the maximum extent permitted under applicable law.
13.3 No Financial or Legal Advice
All odds, statistics, and data provided on the Platform are for informational and entertainment purposes only. Nothing on the Platform should be construed as financial, investment, or legal advice.
13.4 User Risk Acknowledgment
You acknowledge that your participation in sweepstakes, Games, or any other activity on the Platform is voluntary and at your sole risk. Goof disclaims all liability arising from reliance on any content or information provided through the Service.
13.5 External Data Sources
Certain information displayed within the Platform may be obtained from third-party data providers. Goof makes no representation or warranty regarding the accuracy, timeliness, or completeness of such external data.
13.6 Maintenance and Downtime
Goof may, from time to time, suspend or interrupt access to the Platform for maintenance, upgrades, or technical reasons. Goof shall not be liable for any inconvenience or loss arising from such interruptions.
13.7 Compatibility Disclaimer
Goof does not warrant that the Platform will be compatible with your specific hardware, software, or network configuration.
13.8 Limitation of Warranty
No advice or information, whether oral or written, obtained from Goof or through the Platform, shall create any warranty not expressly stated in these Terms.
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14. LIMITATION OF LIABILITY AND INDEMNIFICATION
14.1 Limitation of Liability
To the fullest extent permitted by applicable law, Goof Sports, Inc., its parent companies, subsidiaries, affiliates, successors, assigns, and each of their respective officers, directors, employees, agents, licensors, service providers, vendors, contractors, partners, and representatives (collectively, “Released Parties”) shall not be liable to you or any third party for any direct, incidental, consequential, indirect, special, exemplary, or punitive damages, or for any other losses, costs, or expenses of any kind (including, without limitation, lost profits or anticipated profits, loss of revenue, loss of goodwill, loss of data, business interruption, cost of procuring substitute services, loss of opportunity, legal fees, expert fees, or other disbursements), whether arising in contract, tort (including negligence), strict liability, or otherwise, even if any Released Party has been advised of the possibility of such damages.
Without limiting the generality of the foregoing, the Released Parties shall have no liability for:
(a) Errors, mistakes, or inaccuracies of content or data;
(b) Any personal injury, property damage, or loss resulting from your access to or use of the Platform;
(c) Any unauthorized access to or use of our servers or any personal or financial information stored therein;
(d) Any interruption, suspension, or termination of transmission to or from the Platform;
(e) Any bugs, viruses, trojan horses, or other harmful components transmitted by any third party; or
(f) Any errors or omissions in any content, or for any loss or damage incurred as a result of the use of any content or information made available via the Platform.
You acknowledge and agree that your sole and exclusive remedy for dissatisfaction with the Platform, or with any aspect of your use thereof, is to discontinue accessing or using the Platform.
14.2 Aggregate Liability Cap
To the extent permitted by applicable law, the total cumulative liability of the Released Parties to you for any claim or cause of action arising out of or relating to these Terms or the Platform shall not exceed the total amount, if any, you paid directly to Goof in connection with the specific transaction or event giving rise to such claim. If no payments were made, your sole and exclusive remedy is to stop using the Platform.
14.3 No Responsibility for Third-Party Conduct
Goof shall not be responsible for the acts, omissions, or conduct of any third parties, including other users, advertisers, partners, payment processors, or service providers, whether online or offline.
14.4 Exclusions and Jurisdictional Limits
Some jurisdictions do not allow the exclusion or limitation of certain warranties, damages, or liabilities. In those jurisdictions, Goof’s liability shall be limited to the maximum extent permitted by applicable law.
14.5 Indemnification
You agree to indemnify, defend, and hold harmless Goof, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, demands, suits, proceedings, losses, liabilities, damages, fines, penalties, costs, and expenses (including reasonable attorneys’ fees and expert witness fees) arising out of or relating to:
(a) Your breach of these Terms or any Incorporated Policy;
(b) Your use or misuse of the Platform;
(c) Your violation of any law, regulation, or third-party right;
(d) Your negligence, misconduct, or fraud; or
(e) Any dispute or interaction between you and another user.
Goof reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate fully with Goof’s defense of such claims.
14.6 Emotional Distress and Self-Harm Disclaimer
You acknowledge that participation in sweepstakes or sports-related contests can evoke emotional responses such as excitement, stress, or disappointment. Goof disclaims any liability for emotional distress, mental anguish, or self-harm arising from gameplay outcomes, competition outcomes, or user interactions. If you experience distress, discontinue use of the Platform and seek professional support immediately.
These resources are free, confidential, and available 24 hours a day:
• Call 1-800-GAMBLER (available 24/7 nationwide)
• Text or chat via 1800gamblerchat.org
• Call or text 988 to reach the Suicide and Crisis Lifeline (for emotional or mental-health emergencies)
• Call 1-800-522-4700 (National Council on Problem Gambling)
14.7 Bodily Injury Carve-Out
Nothing in these Terms limits or excludes liability for death or bodily injury resulting from Goof’s gross negligence or willful misconduct, to the extent such limitation is prohibited by law.
14.8 Force Majeure
Goof shall not be liable for any delay or failure in performance caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, epidemics, war, terrorism, civil unrest, labor disputes, government orders, power failures, or internet outages.
14.9 Limitation Period
To the fullest extent permitted by law, any claim or cause of action arising out of or related to these Terms or your use of the Platform must be filed within one (1) year after such claim or cause of action accrues, regardless of any statute or law to the contrary. Any claim not filed within that one-year period is permanently barred.
15. CUSTOMER SERVICE AND INITIAL DISPUTE RESOLUTION PROCEDURE
15.1 Customer Service
If you need customer service in connection with the Platform, you may contact Goof through the in-app live-chat feature or by email at support@goofsports.com.
15.2 Privacy of Communications
To protect your privacy, all communications between you and Goof should reference the email address associated with your Goof account. Using a different email address may delay our response.
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Initial Dispute Resolution Procedure
15.3 Good Faith Efforts to Resolve Informally
Both parties shall make best efforts to resolve any concern, complaint, or issue promptly and in good faith. If you are not satisfied with Goof’s initial response or your claim remains unresolved (a “Dispute”), you may pursue arbitration as described in Section 16. However, before initiating arbitration or any formal proceeding, you must first submit a written Notice of Dispute to Goof and participate in a good-faith conference, by telephone or videoconference, as a condition precedent to any arbitration or legal action.
15.4 Notice of Dispute Required Before Arbitration
You must send any claim or dispute arising from any past or present transaction to Goof’s Legal Department by email at legal@goofsports.com or by mail to:
Goof Sports, Inc. – Attn: Legal Department
2810 N Church St, PMB 894737
Wilmington, Delaware 19802
Your Notice of Dispute must include:
• Your username and email address associated with your Goof account;
• Your full legal name;
• Your residence address;
• Your telephone number;
• A detailed description of the complaint or claim and the basis for it;
• Any specific dates and times associated with the issue; and
• The remedy or action you are requesting.
15.5 Response Timeline
Goof will make reasonable efforts to acknowledge your Notice of Dispute within forty-eight (48) hours and to resolve the issue within thirty (30) days. If Goof disagrees with your position, the initial response will include an explanation of our reasoning.
15.6 Informal Conference
At Goof’s discretion, we may request an informal dispute-resolution conference, which may be held by telephone or videoconference. All such conferences will be conducted on an individual basis between you and Goof only. Multiple users may not combine or participate in the same informal conference. If either party is represented by counsel (at that party’s sole expense), counsel may participate, but the individual user must also personally attend and participate.
15.7 Good Faith Negotiation Period
Both parties shall use their best efforts to settle any dispute, claim, or disagreement and shall engage in good-faith negotiations for thirty (30) days from Goof’s receipt of your Notice of Dispute. If no mutually acceptable resolution is reached within that period, either party may commence binding arbitration as described in Section 16.
15.8 Condition Precedent and Tolling
Compliance with this informal dispute-resolution process is a condition precedent to initiating any arbitration or, if applicable, litigation following a valid opt-out under Section 16. The parties agree that any applicable limitation period or filing deadline shall be tolled during the pendency of this informal resolution process.
15.9 Continuing Applicability
Whether or not you choose to opt out of arbitration under Section 16, this Section 15—Customer Service and Initial Dispute Resolution Procedure—shall remain in full force and effect and will continue to apply to all disputes between you and Goof.
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16. BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
PLEASE READ THIS ARBITRATION AND CLASS ACTION WAIVER AGREEMENT (THE “AGREEMENT”) CAREFULLY.
IT REQUIRES YOU AND GOOF SPORTS, INC. (“GOOF”) TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH YOU AND GOOF MAY SEEK RELIEF FROM EACH OTHER. THIS AGREEMENT APPLIES TO ANY CLAIMS YOU OR GOOF CURRENTLY POSSESS AND ANY CLAIMS THAT MAY ARISE IN THE FUTURE.
IF YOU HAVE NOT PREVIOUSLY AGREED TO AN ARBITRATION PROVISION IN CONNECTION WITH YOUR USE OF THE PLATFORM, YOU MAY OPT OUT AS DESCRIBED IN SECTION 16.12 WITHIN THIRTY (30) DAYS OF ENTERING INTO THIS AGREEMENT.
If you reside in, or access the Platform while located in, the United States, this Section 16 shall be construed under and governed by the Federal Arbitration Act, notwithstanding any other choice of law provision set forth in these Terms.
THIS AGREEMENT INCLUDES AN ARBITRATION PROVISION THAT SETS FORTH HOW PAST, PENDING, OR FUTURE DISPUTES BETWEEN YOU AND GOOF SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION.
ARBITRATION MEANS YOU WILL NOT BE ABLE TO SEEK DAMAGES IN COURT OR PRESENT YOUR CASE TO A JURY.
THIS AGREEMENT ALSO REQUIRES THAT ANY PAST, PENDING, OR FUTURE DISPUTES SHALL PROCEED ON AN INDIVIDUAL BASIS ONLY. YOU MAY NOT PROCEED AS A CLASS REPRESENTATIVE, MEMBER, OR PART OF ANY CLASS OR COLLECTIVE ACTION.
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16.1 Acceptance of Terms
By using or otherwise accessing the Platform, or by clicking to accept or agree to these Terms where that option is made available, you confirm that you have read, understood, and agree to be bound by this Arbitration Agreement. Except to the extent that you may opt out as provided below, all of your activity on the Platform and all of your transactions or interactions with Goof, including those occurring prior to your acceptance of this Agreement, shall be governed by this Arbitration Agreement.
16.2 Scope of Agreement to Arbitrate
You and Goof agree that any past, pending, or future dispute, claim, or controversy arising out of or relating to any transaction with Goof, your access to or use of the Platform or Services, or these Terms (including any dispute regarding breach, enforcement, construction, validity, interpretation, or arbitrability of this Agreement) (each, a “Dispute”) shall be determined exclusively by binding arbitration. This includes claims that arose prior to your acceptance of these Terms.
The arbitrator shall have the exclusive authority to determine their own jurisdiction over the Dispute, including any objections to the scope, validity, enforceability, or arbitrability of this Arbitration Agreement or any of its provisions.
16.3 Small Claims Exception
Notwithstanding the foregoing, both you and Goof retain the right to bring an individual claim in small claims court for disputes or claims within that court’s jurisdiction.
16.4 Lack of Estoppel or Preclusive Effect
The parties agree that any issues determined in arbitration or other proceedings between them shall be decided solely for the benefit of the parties and shall have no preclusive or estoppel effect in any subsequent arbitration or litigation. All issues shall be decided anew in any future proceeding involving either party.
16.5 Third-Party Beneficiaries
You further agree and intend that this Arbitration Agreement and these Terms are entered into for the express benefit of your spouse, heirs, children, next-of-kin, executors, administrators, and assigns, and shall bind the same to the extent of any claims arising from or relating to your use of the Platform or the Services that may be brought by them or by any person for their benefit.
Goof likewise agrees and intends that this Arbitration Agreement is entered into for the express benefit of and shall bind any successor-in-interest, assignee, affiliate, or acquirer of Goof Sports, Inc., which shall be deemed an express third-party beneficiary entitled to enforce this Agreement to the same extent as Goof.
16.6 Intellectual Property
Notwithstanding the requirement to arbitrate, neither you nor Goof is required to arbitrate claims for the alleged unlawful use, infringement, or misappropriation of copyrights, trademarks, trade names, trade dress, logos, trade secrets, or patents. In such cases, either party may seek injunctive or other equitable relief in a court of competent jurisdiction, and neither party shall rely on this Arbitration Agreement to compel arbitration of such claims.
16.7 Separate Agreement
The parties acknowledge that this Arbitration Agreement is a separate and independent agreement between them governed by the Federal Arbitration Act. The invalidity or unenforceability of any portion of these Terms or of the Platform shall not affect the validity or enforceability of this Arbitration Agreement.
16.8 Applicable Law
While the Federal Arbitration Act shall govern the interpretation and enforcement of this Arbitration Agreement, to the extent the law of any state applies, the parties agree that the laws of the State of Delaware shall exclusively apply, without regard to conflicts-of-law principles.
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INITIATING ARBITRATION UNDER JAMS RULES
16.9 Arbitration Procedures
Following the completion of the informal dispute-resolution process required by Section 15, either party may submit a Dispute to final and binding arbitration administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and, if applicable, the JAMS Mass Arbitration Procedures and Guidelines (collectively, the “JAMS Rules”) in effect at the time arbitration is initiated.
Any arbitration proceeding shall be commenced and administered by JAMS’s offices in Las Vegas, Nevada, or by remote means if mutually agreed. The JAMS Rules are available at https://www.jamsadr.com/adr-rules-procedures/.
You and Goof further agree:
16.9.1 The arbitration shall be decided on the merits by a single, neutral arbitrator. Any arbitrator appointed under this Agreement must be a practicing attorney or retired judge with at least ten (10) years of substantive experience in commercial or consumer dispute resolution.
16.9.2 The JAMS Streamlined Arbitration Rules and Procedures and JAMS Expedited Procedures shall not apply unless expressly agreed by all parties to the Dispute.
16.9.3 In lieu of JAMS Rule 15, the parties shall be provided with a list of eight (8) potential arbitrators and permitted three (3) strikes each. The arbitrator with the highest combined preference ranking shall be appointed.
16.9.4 In lieu of JAMS Rule 18, the parties may file dispositive motions addressing issues other than the ultimate issue of fact. Such motions shall be addressed in a preliminary conference with the arbitrator, and proceedings may be stayed pending resolution of the motion absent good cause.
16.9.5 Location of Arbitration. The arbitration hearing shall be held in Las Vegas, Nevada, provided that either party may elect for the hearing to be conducted by telephone, videoconference, or other remote electronic means. Notwithstanding the chosen format, all proceedings shall be deemed commenced and administered by JAMS in Las Vegas, Nevada.
16.9.6 The JAMS Rules shall govern payment of arbitration fees. You will only be required to pay a filing fee of $250 in connection with any arbitration initiated under this Section 16, and you shall remain responsible for your own attorneys’ fees.
16.9.7 Except as otherwise provided in these Terms, the arbitrator shall have the authority to award any relief available in an individual action, including equitable or injunctive relief, except that:
(a) The arbitrator shall not award punitive or exemplary damages, and both parties waive any right to recover such damages; and
(b) The arbitrator shall not award incidental, indirect, or consequential damages, including damages for lost profits.
16.9.8 The arbitrator’s award shall be in writing, signed, and shall contain a concise statement of the reasons for the decision.
16.9.9 Except as required by law, the arbitration proceedings, pleadings, and award shall be confidential and may not be disclosed except to enforce or challenge the award in court.
16.9.10 In the event JAMS is unavailable or unwilling to administer the arbitration, the parties shall mutually agree upon, or a court shall appoint, another arbitration provider subject to the procedural terms of this Section.
16.9.11 Any award issued in excess of $50,000 or granting declaratory or equitable relief that would materially affect other users or the operation of the Platform may be appealed under the JAMS Optional Arbitration Appeal Procedures at either party’s election.
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16.10 Batch Arbitration and Mediation
To promote efficient resolution of claims and reduce administrative burdens, in the event that twenty (20) or more similar arbitration demands are filed against Goof within a sixty (60) day period, and such demands are presented by or with the assistance of the same law firm, organization, or coordinated group, those arbitrations shall be administered by JAMS in accordance with its Mass Arbitration Procedures and Guidelines then in effect.
Following initial briefing or motion practice pursuant to Section 16.9.4, JAMS shall group the arbitration demands into a first batch of no more than twenty-five (25) claims for joint resolution. Upon conclusion of that batch (or earlier if agreed), counsel for both sides shall participate in a single mediation session before a JAMS mediator for all remaining unresolved claims.
Counsel shall attempt in good faith to agree upon a mediator within thirty (30) days of the first batch’s conclusion. If no agreement is reached, JAMS shall appoint a mediator administratively. If mediation fails to resolve remaining claims, JAMS shall continue to administer the remaining demands by batching them into groups of no more than one hundred (100) claims each (plus any final smaller group). Each batch shall be treated as a single arbitration with one arbitrator and one set of filing and administrative fees.
For the avoidance of doubt, consolidation under this Section shall not require identical determinations for all cases, nor impair any party’s right to present individualized evidence or argument. All batching shall be implemented in good faith consistent with the JAMS Rules and the principles of efficiency and fairness.
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16.11 Certification of Arbitration Demand
By signing or submitting a demand for arbitration, each party certifies that, to the best of their knowledge, information, and belief, formed after an inquiry reasonable under the circumstances:
(i) the demand is not presented for any improper purpose, such as to harass or cause unnecessary delay;
(ii) the claims and legal contentions are warranted by existing law or a good-faith argument for changing the law; and
(iii) the factual contentions have or will likely have evidentiary support after reasonable opportunity for discovery.
The arbitrator shall be authorized to impose any appropriate sanctions, including attorneys’ fees, for violations of this certification, consistent with Federal Rule of Civil Procedure 11 or applicable state law.
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16.12 Option and Procedure to Opt Out of Arbitration
If you have not previously agreed to an arbitration provision in connection with your use of the Platform, you may opt out of this Arbitration Agreement by sending written notice within thirty (30) days of accepting these Terms. Your notice must be sent to legal@goofsports.com with the subject line “Opt-Out,” or by mail to:
Goof Sports, Inc. – Attn: Legal Department
2810 N Church St, PMB 894737
Wilmington, Delaware 19802
Requests to opt out received after the thirty (30) day period shall not be effective.
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16.13 Acknowledgment of Independent Decision
You acknowledge that whether to agree to arbitration is an important decision. You understand that you are not required to rely solely on the information contained in these Terms and that you may consult with independent counsel at your own expense before deciding whether to agree to this Arbitration Agreement.
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16.14 Waiver of Class Relief and Collective Action
To the maximum extent permitted by law, neither you nor Goof shall be entitled to arbitrate or litigate any Dispute in a representative capacity. You may bring claims only on an individual basis and solely for your own alleged losses. You and Goof each waive any right to participate in or recover through any class, collective, private attorney general, or representative action, whether pending or future, in arbitration or in court.
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16.15 Severability
This Arbitration Agreement applies solely to the extent permitted by law. If any provision or portion hereof is held unlawful, void, or unenforceable, that portion shall be severed, and the remainder of this Agreement shall remain in full force and effect. To the fullest extent allowed by law, the parties agree that any invalid provision may be modified or construed to best effectuate the intent of the parties consistent with the purposes of this Agreement.
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17. WAIVER OF JURY TRIAL
17.1 Waiver.
To the fullest extent permitted by law, you and Goof each knowingly and voluntarily waive any right to a trial by jury in any proceeding, action, or dispute—whether sounding in contract, tort, or otherwise—arising from or relating in any way to these Terms, your use of the Platform, or any transactions or communications between you and Goof.
17.2 Scope.
This waiver applies to all claims and causes of action covered by Section 16 (Binding Arbitration Agreement and Class Action Waiver) and survives the termination or expiration of these Terms and your User Account.
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18. MISCELLANEOUS
18.1 Entire Agreement.
These Terms, together with all incorporated policies (including the Privacy Policy, Sweepstakes Rules, and Responsible Play Policy), constitute the entire understanding between you and Goof regarding your use of the Platform and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.
18.2 Taxes.
You are solely responsible for all applicable taxes, reporting, and governmental charges that may arise from your participation in any sweepstakes, promotion, or use of the Platform.
18.3 Force Majeure.
Goof shall not be liable for any delay or failure in performance resulting from acts beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemics, civil unrest, labor disputes, power outages, governmental actions, or internet or network failures.
18.4 Severability.
If any provision of these Terms is found invalid, illegal, or unenforceable, that provision shall be severed and the remaining provisions shall continue in full force and effect. To the fullest extent permitted by law, such invalid provision shall be replaced with an enforceable one that most closely reflects the intent of the original.
18.5 Assignment.
You may not assign or transfer any rights or obligations under these Terms without Goof’s prior written consent. Goof may freely assign or delegate its rights or obligations under these Terms, in whole or in part, without notice, including to any successor entity or acquirer.
18.6 Third-Party Beneficiaries.
You acknowledge and intend that these Terms are entered into for the express benefit of your spouse, heirs, children, and next-of-kin, and shall bind them with respect to any claim arising out of your use of the Platform. Goof likewise agrees that these Terms shall bind and inure to the benefit of any successor or assignee of Goof.
18.7 Business Transfers.
In the event Goof undergoes a merger, acquisition, reorganization, or sale of assets, your User Account and related data may be transferred as part of such transaction, subject to the Privacy Policy in effect at that time.
18.8 Waiver.
No waiver of any term or condition of these Terms shall be deemed a continuing waiver or a waiver of any other term. Any failure by Goof to enforce a provision shall not constitute a waiver of its right to enforce that provision in the future.
18.9 Survival.
Sections 13 (Disclaimers), 14 (Limitation of Liability and Indemnification), 15 (Dispute Resolution), 16 (Arbitration Agreement), 17 (Waiver of Jury Trial), and 19 (Governing Law and Jurisdiction) shall survive termination of these Terms or closure of your User Account.
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19. APPLICABLE LAW AND JURISDICTION
19.1 Governing Law
Subject to the Arbitration Agreement contained in Section 16, which is governed by the Federal Arbitration Act, the parties agree that these Terms and all matters relating to the Platform or Services shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its principles of conflicts of law.
To the extent this governing-law provision is determined to be unenforceable as it relates to the use of the Services, the parties agree that the governing law shall instead be that of the jurisdiction in which the user who is a party to the dispute properly utilizes the Services. Nothing in this provision shall limit either party’s right to appeal any determination by a court of law that the laws of the State of Delaware are unenforceable.
19.2 Exclusive Forum and Venue
Subject to, and without waiving, the Arbitration Agreement contained in Section 16 and the exclusive delegation to the Arbitrator, the parties agree that any lawsuit or legal proceeding filed by either party asserting any dispute, controversy, or claim arising out of or in connection with these Terms, the Platform, or the Arbitration Agreement shall be brought exclusively in the state or federal courts located in the State of Delaware.
You and Goof irrevocably consent to the personal jurisdiction and venue of those courts, and expressly waive any objection to proceedings in those courts on grounds of inconvenient forum or lack of jurisdiction. Notwithstanding the foregoing, either party may bring a motion to compel arbitration or to enforce an arbitral award in any court of competent jurisdiction.
19.3 Personal Jurisdiction in Delaware Courts Only
You acknowledge and agree that Goof Sports, Inc. provides its Services as an online entertainment platform and does not sell, ship, or deliver goods, nor provide commercial services physically within the state in which you reside. Goof operates as an internet-based business and, by entering into these Terms, does not consent to the jurisdiction of any court other than those located in Delaware.
You further acknowledge that the parties have agreed to arbitrate all disputes pursuant to Section 16, and that either party may elect to conduct arbitration hearings remotely so that neither must appear in a court or forum located in a state lacking personal jurisdiction over them. Accordingly, you expressly agree that Goof is not agreeing to or subjecting itself to the jurisdiction of any court or tribunal outside the State of Delaware by virtue of these Terms, the Arbitration Agreement, or your access to or use of the Platform and Services.
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END OF GOOF SPORTS TERMS OF USE
