Last Updated on April 20th, 2023

The Services
‍The Services (“Services”) are defined as any Activity available where Members are awarded “NeXT Rewards Points” or not, for successfully completing various Activities within the NeXT Reward Program, NeXT Referral Program, and any other NeXT Program as deemed eligible by NeXT that is offered on any (i) NeXT-branded URL, including www.nextrewards.app (the “Website”); and (ii) NeXT-branded mobile applications including NeXT Rewards (the “Application”). These terms of use (the “Terms of Use”) are a legally binding agreement between you (“you”, “your”, “yourself” and/or “Member”)) and NeXT Sports Group Inc. (“NeXT”, “our”, “us” or “we”) and govern your use of the Services (as defined above). The Website and the Application are referred to, collectively, herein as the “Sites”.PLEASE READ THESE TERMS OF USE CAREFULLY. Your use of the Services is expressly conditioned on your acceptance without modification of the following Terms of Use and all policies and guidelines incorporated by reference. These Terms of Use constitute legally binding terms and apply to your use of the Services regardless of the type of device used to access them. If you accept these Terms of Use, respond by clicking the box beside the statement “I accept the Terms of Use” while registering to the program. That action is: (i) the equivalent of your signature on a binding contract, (ii) indicates your acceptance of these Terms of Use, and (iii) your express consent to be legally bound by the Terms of Use. IF YOU DO NOT AGREE TO THESE TERMS OF USE then you may not access the Sites or use any services available on the Sites. Where you do not tick the box beside the statement “I accept the Terms of Use” while registering to the program YOUR PARTICIPATION WILL BE DISCONTINUED AND YOUR PROGRAM access WILL BE TERMINATED IMMEDIATELY. These Terms of Use should be read in conjunction with NeXT’s Privacy Policy and any other rules, guidelines, or policies posted on the Sites. You consent to the collection, use and disclosure of your personal information by NeXT in accordance with the terms of and for the purposes set out in the NeXT Privacy Policy. You acknowledge and agree that, where the Application has been provided to you via a third party (Apple, Google, etc.), such third party may enforce these Terms as a third-party beneficiary. NeXT, at its discretion, may reward its Members (you), using NeXT Rewards Points, valid in the currency of where you live, for completing various Activities as defined below. “Where you live” is defined by the postal/zip code entered when you register to the program. Note that all of the Terms of Use below are subject to the laws of the place where you live, and some of them might not be binding on you pursuant to those local laws.

‍Activity or Activities
‍An Activity is defined as the action of successfully completing any individual component within NeXT Rewards. Activities include, but are not limited to: 1) downloading and registering to the NeXT Rewards application; 2) correctly guessing the outcome of Pivotal Moments; 3) opting-in to and accepting Post-Game Offers; 4) playing any games available within the NeXT GameRoom within the NeXT Rewards application; 5) Peer-2-Peer betting; 6) chatting; 7) redeeming from the NeXT Rewards Catalogue; 8) rating things; 9) referrals; 10) submitting reviews; 11) answering surveys and polls.

‍Member (“Member Account”) & Fan
‍A Member is defined as a participant who must be at least 16 years old, has downloaded the NeXT Rewards application and has completed the registration process by providing first and last name, login name, date or birth, gender, email address, postal/zip code and creating a password to create a Member Account (“Account”). A Member may be called a Fan from time to time. By creating an Account, you represent and warrant that you meet the applicable eligibility requirements. Each person is limited to one (1) Account. To redeem certain rewards, offers and promotions offered, you may be required to provide us additional information. Information that you submit may be saved. Any and all information collected from you shall be subject to our Privacy Policy. Acceptance of these Terms of Use also confirm acceptance of the NeXT Privacy Policy.
‍

NeXT Rewards Points
‍NeXT, at its discretion, may reward its Members (you), using NeXT Rewards Points, valid in the currency of where you live, for completing various Activities as defined below. The reward currency used by NeXT is henceforth called “NeXT Reward Points” or “Points”. Any reference to the term “NeXT Reward Points” or “Points” implies a reward valued using the currency of where you live. One (1) NeXT Reward Point is equivalent to $0.01 (One Cent). NeXT is under no obligation, under any circumstance, to reward NeXT Rewards Points to its Members.

Areas and Market
‍An Area has specific geographic boundaries determined by NeXT. NeXT reserves the right to determine which Areas NeXT will make its NeXT Rewards Points available. A market contains all Areas serviced by NeXT. NeXT Rewards Points earned in the market are considered “Active” and have value as described above. Points cannot be earned outside of the market. The market may from time to time expand to include new Areas.

‍Pivotal Moment (PM)
‍A Pivotal Moment is a real-time live event that occurs during the broadcast of live sporting events that has an unknown outcome (e.g. a penalty shot, field goal, home run, corner kick). NeXT may offer a defined quantity of Pivotal Moments in each eligible game and is under no obligation to offer any Pivotal Moments during a game. Under no circumstances is NeXT liable to any Members in any way if Pivotal Moments are not offered in a game or if the corresponding NeXT Rewards points are not rewarded during a Pivotal Moment.

‍Post-Game Offer (PGO)
‍A Post-Game Offer is a free to download high value offer sent to you via your Offer Page within the NeXT Rewards application from Brands who sponsored the Pivotal Moments you chose to play. If you do not play a Pivotal Moment you will not receive any offers.

‍Follow a Game
‍In order to participate in Pivotal Moments and Post Game Offers a Member must first choose to follow games on any given day that eligible games are available. Members follow games by opening the NeXT Rewards application, clicking on the “Follow Games” button on the Home Page and choosing the games to follow from the menu of available games. There may be a defined quantity of games that a Member can follow per day and Members must adhere to this quantity.

‍Eligible Game
‍An eligible game is any professional sports game, in any professional sports league that NeXT offers a Pivotal Moment and Post-Game Offers in.

‍Refer a Friend (“Referral”)
‍Refer a Friend (“Refer”, “Referral”) is defined as the activity of a Member introducing a friend to NeXT where that friend downloads the NeXT Rewards application and completes the registration process.

‍Peer-2-Peer Betting
‍Peer-2-Peer Betting is defined as a binding contract between two consenting adults to wager NeXT Rewards Points (the “Pot”) on the outcome of an eligible game or other options where the winner earns the Pot. To play both participants must be Members and both Members must be at least 18 years of age minimum.

‍Points Account
‍A Points Account is defined as your balance of NeXT Rewards Points that you have earned by participating in the various Activities available within the NeXT Rewards application. It is your sole responsibility to manage the accuracy of your Points Account.

‍Bonus Code
‍A Bonus Code is a valid code with an associated Point value that can be used during the registration process where, once the registration process is completed, the associated Point value is deposited into the new Members Points account.

‍Account required to access Services
‍Use of the Services may only be accessed by setting up an Account. You are solely responsible and liable for any use and misuse of your login name and password and for all Activities that occur under your login name and password. You may not transfer or otherwise assign your Account to any third party. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them. NeXT will never ask for your password.  NeXT strongly recommends that you choose a password that is unique to you and not easily guessed by others. You should change your password on a regular basis. You must immediately notify NeXT of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised. All login names and passwords remain the property of NeXT. NeXT is not under any obligation to verify the actual identity or authority of the user of any login name or password.

‍Active, Inactive and Account Closures
‍An Active Account means you must have engaged in one of the following Activities within the past twelve (12) months: (i) registered to the program; (ii) earned NeXT Rewards Points; (iii) redeemed NeXT Rewards Points; (iv) successfully completed a Referral; (v) played a Pivotal Moment or (vi) accepted a Post-Game Offer. Except where prohibited by applicable law, if you have not engaged in one (1) of the Activities in subsections (i)-(vi) for more than twelve (12) consecutive months your Account will be deemed inactive. If at any time your Account becomes inactive, we may apply an inactive Account management charge of 250 NeXT Rewards Points per month up to a maximum of the total amount of your NeXT Rewards Point balance from time to time during that period in which your Account is inactive. We may apply that charge on or after the first day of the month following the date your Account becomes inactive. (For example, if your Account becomes inactive on April 15th, we may apply the charge on or after May 1st.) If you engage in one of the Activities set forth above in subsections (i)-(vi) above after your Account is deemed inactive your Account will be reactivated and become active again. At that time, we will stop applying the charge until any later time when your Account becomes inactive. We will give you at least three (3) months’ notice prior to your Account becoming inactive by email or your chosen communication type to the address in your Registration Data. These fees are non-refundable, but will not cause your Account balance to become negative. If your Account remains inactive for a period of twenty-four (24) months, NeXT reserves the right to deem your Account closed, will remove any remaining balance of NeXT Rewards Points and remove access to the Account. We will give you at least three (3) months’ notice prior to your Account being closed by email or your chosen communication type to the address in your Registration Data. Any NeXT Rewards Points that have not been redeemed for two (2) years from the time such Points were earned or awarded may be deemed expired and removed from your Account. In such instances, to request re-crediting of the expired NeXT Rewards Points to the Account (subject to such terms, limitations and requirements as we may impose from time to time) you can reach us by contacting our support page (support@nextrewards.app). Re-instatement is at the sole discretion of NeXT. We may modify our NeXT Reward Points expiration rules and policies in our Rewards Program from time to time, and if your NeXT Rewards Points expire pursuant to such then-current rules or policies, we may remove such NeXT Rewards Points from your Account, without any compensation or further obligation to you regarding the expired points. All Accounts terminate and are not transferable upon the death or personal bankruptcy of the Member.

Use of Services
‍Provided you comply at all times with these Terms of Use, we grant to you during the duration hereof, a limited, revocable, non-exclusive, non-transferable and non-sub licensable right to use the Services solely for your personal and non-commercial use. The foregoing license is personal to you and may not be transferred or assigned. By using the Services, you represent and warrant that: (i) all Account registration information you submit to NeXT is truthful, accurate and complete and you will maintain the accuracy and completeness of such information throughout the duration of your use of the Services; (ii) You will only create and hold one (1) Account and only for your personal use. You may not associate more than one (1) Account with any mobile device; (iii) you are using the Services for yourself personally and not on behalf of any third party; (iv) you are a resident of the country where you register (identified by your postal/zip code); (v) you have reached the age of 16 and you can form legally binding contracts under the applicable law; and (vi) your use of the Services does not violate any applicable law. (Note: It is solely your responsibility to determine whether your use of the Services complies with applicable laws, and you must comply with all such applicable laws.)NeXT reserves the right to modify, suspend or terminate the Services (or any part thereof), either temporarily or permanently, at any time or from time to time, with or without prior notice or liability to you. Without limiting the foregoing, NeXT may terminate any Service at its sole discretion, which may result in the forfeiting of any rewards accumulated pursuant to these Terms of Use. NeXT reserves the right to modify or replace any terms and conditions contained in these Terms of Use or any of its policies, practices and guidelines related to the Services. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate the Services. You agree that NeXT shall not be liable to you for any modification or cessation of the Services. You acknowledge that NeXT has not expressed or implied obligation to provide, or continue to provide, the Services, or any part thereof, now or in the future.

‍Dispute Resolution
‍You agree to resolve any dispute informally by submitting your request through our support page (support@nextrewards.app). Please be sure to select “Dispute Resolution” under Topics in your request. We will make every effort to resolve the dispute within ninety (90) days of the submission in writing via email. NeXT’s decisions are final. Should you disagree with the resolution and or with any adjustments made to your Account or Point distributions made to you, your sole remedy is to withdraw from the Program.‍

NeXT Rewards Program (Overview)
‍NeXT may offer a Rewards Program (“NeXT Rewards Program”) under which you may have the opportunity to earn NeXT Rewards Points for completing Activities within the program. To earn NeXT Rewards Points within the NeXT Rewards Program you must complete various Activities approved by NeXT. The NeXT Rewards Program may include additional terms that apply to your participation in specific Activities allowing you to earn NeXT Rewards Points. NeXT may limit, suspend or terminate your ability to participate in the NeXT Rewards Program at its sole and absolute discretion. NeXT may void any NeXT Rewards Points you may have earned or accumulated in the Program, if we determine in our sole discretion that you have not complied with these Terms of Use or any additional terms applicable to such participation. You agree to abide by the final and binding decisions of NeXT regarding the NeXT Rewards Program and your participation in it. We reserve the right to change, suspend, or cancel all or a portion of the NeXT Rewards Program, including any NeXT Rewards Points you may have accrued, at any time without prior notice to you. The quantity of NeXT Rewards Points earned will be based on the associated value, as determined by NeXT in its sole discretion, attributed to the Activity successfully completed. In addition to the above, each Activity may describe the restrictions, limitations or additional obligations that apply to that Activity. All decisions to award NeXT Reward Points, including without limitation any determination as to whether you have met the restrictions, limitations and requirements of an Activity, will be made by NeXT, at its sole discretion. All such decisions will be final and binding and not subject to appeal. It is your responsibility to check your Points Account regularly to ensure that the NeXT Rewards Points earned have been properly credited to your Points Account and that your balance is accurate. If you believe that the NeXT Rewards Points earned have not been correctly credited to your Points Account, you must contact NeXT’s support team within sixty (60) days of the transaction (support@nextrewards.app). In addition, NeXT may make Point Account adjustments for any NeXT Rewards Points awarded that NeXT, in its sole discretion, deems as fraudulent, abusive, unethical, suspicious or otherwise inconsistent with these Terms of Use, this Agreement or any other applicable law or regulation. NeXT’s decisions are final. Should you disagree with any adjustments made to your Points Account or payments made to you, your sole remedy is to withdraw from the program. NeXT Reward Points may be earned in the NeXT Rewards Program by participating in certain approved Activities. If you choose to participate and follow the instructions associated with an Activity, upon satisfying all of the requirements of the Activity, you may be awarded the NeXT Rewards Points associated with completing that Activity. For avoidance of doubt, NeXT shall not be responsible for, nor shall NeXT be obligated to award NeXT Rewards Points to participants for any Activity that is not deemed approved under NeXT’s policies, procedures and systems. There may be limitations on Activities and rewards, so please be sure to review all applicable Additional Terms before deciding whether or not you would like to participate. NeXT has the right to audit your Account, without notice to you, in its sole discretion, if it deems any of your Activities or use of the Services as fraudulent, abusive, unethical, suspicious or otherwise inconsistent with these Terms of Use, this Agreement or any other applicable law or regulation. Some of the limitations on Activities and rewards include (without limitation), our right to change or limit your ability to participate in certain Activities or the NeXT Reward Program itself; our right to change or limit the allowable frequency of Activities; our right to change or limit the amount of NeXT Reward Points you can earn for a given Activity or during a given time period; and our right to change the Activities or rewards available, or the quantity of NeXT Rewards Points required for a particular reward. NeXT is under no obligation to reward NeXT Rewards Points to its Members regardless of any activities. Under no circumstances is NeXT liable to any Members in any way if NeXT Rewards Points are not rewarded for any reason. NeXT’s decisions are final. Should you disagree with the quantity of points awarded (or not) to your Points Account, your sole remedy is to withdraw from the program. No NeXT Rewards Points will be earned for any Activities completed prior to successfully creating an Account.

‍Sub Section to Rewards: How to Play Pivotal Moments
‍NeXT may offer a defined number of Pivotal Moments in each game within each professional sports league that is eligible within the NeXT Rewards application. To play, you are challenged to correctly guess the outcome of a “What Happens NeXT?” style of question (i.e.: Will the Packers make the 51 yard field goal?) at Pivotal Moments in the game. You may earn NeXT Rewards Points when correct. Each day you can choose to follow a limited quantity of live pro sport game broadcasts. If you choose to follow any games on a given day then during the live broadcast of that game we will send you notifications for a defined number of Pivotal Moments for you to guess the outcome. You can choose to play as many of the Pivotal Moments as you want. There is no obligation. The more you play the more NeXT Rewards Points you may be eligible to earn. If you choose NOT to follow any games on a specific day then NO Pivotal Moments will be sent to you. If you choose to not play any of the Pivotal Moments sent to you during the games that you chose to follow then you cannot earn any NeXT Rewards Points and no Post-Game Offers will be sent to you after that game. From time to time, NeXT may receive incorrect data from its data supplier(s) that prompts NeXT to issue an incorrect answer to a Pivotal Moment. Under no circumstances is NeXT liable to any Members in any way if this occurs and NeXT is under no obligation to reimburse any points that were not allocated. NeXT’s decisions are final. Should you disagree, your sole remedy is to withdraw from the program. In addition to the above, each Pivotal Moment may describe the restrictions, limitations or additional obligations that apply to that Pivotal Moment. All decisions to award NeXT Rewards Points, including without limitation any determination as to whether you have met the restrictions, limitations and requirements of the Pivotal Moment, will be made by NeXT, at its sole discretion. All such decisions will be final and binding and not subject to appeal.

‍Post-Game Offers
‍NeXT may offer Post-Game Offers under which you may have the opportunity to opt-in and accept offers sent to you via your offer page within the NeXT Rewards application from the Brands who purchased the Pivotal Moments you chose to play. Post-Game Offers are free to download and there is no obligation to accept them. At the end of the broadcast of each pro sport game that you chose to follow, you will be sent a Post-Game Offer from the Brand who sponsored any of the Pivotal Moments you chose to play. If you do not play a Pivotal Moment you will not receive any offers. You will be sent a notification when you have new offers to look at. To view your offers open the Offers Page in the NeXT Rewards application by clicking the offers icon on the bottom navigation bar, review the available offers and choose to opt-in and accept any of them or not. If you choose to opt-in and accept, then the offer will be placed into your “Offers Wallet” within the NeXT Rewards application. All unclaimed Post-Game Offers will remain on your Offers Page within the NeXT Rewards application for a maximum of 7 days after which they will be deleted and removed. All offers accepted and not consumed will remain in your Offers Wallet for a maximum of 30 days after which they will be deleted and removed. All consumed offers will be deleted and removed immediately following their consumption and placed in the history file. If you play a Pivotal Moment that was not purchased by a Brand then there will be no Post-Game Offer associated.In addition to the above, each Post-Game Offer may describe the restrictions, limitations or additional obligations that apply to that Post-Game Offer. All decisions to deliver Post-Game Offers, including without limitation any determination as to whether you have met the restrictions,  limitations and requirements of a Post-Game Offer, will be made by NeXT, at its sole discretion. All such decisions will be final and binding and not subject to appeal. Post-Game Offers are NON-TRANSFERABLE and are for your use only. Any attempt to transfer a Post-Game Offer will result in THE IMMEDIATE CLOSURE OF YOUR ACCOUNT RESULTING IN YOUR EXPULSION FROM THE PROGRAM AND THE EXPIRATION OF ALL NEXT REWARDS POINTS EARNED.It is your responsibility to check your “Offers Wallet” regularly to ensure that the accepted offers have been properly listed and are available. If you believe that an accepted Post-Game Offer has not been correctly listed in your “Offers Wallet”, you must contact NeXT’s support team within five (5) days of the transaction (support@nextrewards.app). In addition, NeXT may make Account adjustments for any Post-Game Offers that NeXT, in its sole discretion, deems as fraudulent, abusive, unethical, suspicious or otherwise inconsistent with these Terms of Use, this Agreement or any other applicable law or regulation. NeXT’s decisions are final. Should you disagree with any adjustments made to your Account, your sole remedy is to withdraw from the program.

‍NeXT Referral Program
‍NeXT may offer a Referral Program (“NeXT Referral Program”) under which you may have the opportunity to earn NeXT Rewards Points for completing Activities within the program. To earn NeXT Rewards Points within the NeXT Referral Program you must refer individuals to join NeXT by downloading the application, registering and creating an Account. If an individual you have referred downloads the application, successfully completes the registration process and creates an Account with NeXT you may be entitled to receive the quantity of NeXT Rewards Points as provided in the Referral Program. The maximum amount that you can earn under the Referral Program is 100,000 NeXT Rewards Points per twelve (12) month period. The quantity of NeXT Rewards Points earned will be based on the associated value, as determined by NeXT in its sole discretion, attributed to the Referral Activity successfully completed. In addition to the above, each Activity may describe the restrictions, limitations or additional obligations that apply to that Activity. All decisions to award NeXT Reward Points, including without limitation any determination as to whether you have met the restrictions, limitations and requirements of a Referral Activity, will be made by NeXT, at its sole discretion. All such decisions will be final and binding and not subject to appeal. It is your responsibility to check your Points Account regularly to ensure that the NeXT Rewards Points earned have been properly credited to your Points Account and that your balance is accurate. If you believe that the NeXT Rewards Points earned have not been correctly credited to your Points Account, you must contact NeXT’s support team within sixty (60) days of the transaction (support@nextrewards.app). In addition, NeXT may make Points Account adjustments for any NeXT Rewards Points awarded that NeXT, in its sole discretion, deems as fraudulent, abusive, unethical, suspicious or otherwise inconsistent with these Terms of Use, this Agreement or any other applicable law or regulation. NeXT’s decisions are final. Should you disagree with any adjustments made to your Points Account or payments made to you, your sole remedy is to withdraw from the Program. NeXT Reward Points may be earned in the NeXT Referral Program by participating in certain approved Activities. If you choose to participate and follow the instructions associated with the Referral Activity, upon satisfying all of the requirements of the Referral Activity, you may be awarded the NeXT Rewards Points associated with completing that Referral Activity. For avoidance of doubt, NeXT shall not be responsible for, nor shall NeXT be obligated to award NeXT Rewards Points to participants for, any Referral Activity that is not properly recorded, tracked and/or deemed approved under NeXT’s policies, procedures and systems. There may be limitations on Referral Activities and rewards, so please be sure to review all applicable Additional Terms before deciding whether or not you would like to participate. NeXT has the right to audit your Account, without notice to you, in its sole discretion, if it deems any of your Referral Activities or use of the Services as fraudulent, abusive, unethical, suspicious or otherwise inconsistent with these Terms of Use, this Agreement or any other applicable law or regulation. Some of the limitations on Referral Activities and rewards include (without limitation), our right to change or limit your ability to participate in certain Referral Activities or the Referral Program itself; our right to change or limit the allowable frequency of Referral Activities; our right to change or limit the amount of NeXT Reward Points you can earn for a given Referral Activity or during a given time period; and our right to change the Referral Activities or rewards available, or the quantity of NeXT Rewards Points required for a particular reward.

‍Peer-2-Peer Betting
‍NeXT may offer Peer-2-Peer betting under which you may have the option to wager some or all of the NeXT Rewards Points that you have earned in your Points Account to challenge another Member to a non-odds based bet on the outcome of a game (example: Member “A” bets Member “B” “X” points that team “M” will win the game) or other options. As long as you have a positive Points balance you can choose to make as many Peer-2-Peer bets each day as you want. You do not need to be following the game that you want to Peer-2-Peer bet on. To Peer-2-Peer bet click on the “Bet Friends” tab form within the NeXT Rewards application on the Home Page and follow the easy steps to place your bet. Once your friend accepts the bet then winner takes the Pot at the end of the game. You cannot Peer-2-Peer bet if you do not have any NeXT Rewards Points, the quantity of NeXT Rewards Points you have is equal to or greater than the size of the bet and/or until you have successfully create an Account. Only Members 18 years of age or older may Peer-2-Peer bet. In addition to the above, each Peer-2-Peer bet may describe the restrictions, limitations or additional obligations that apply to that Peer-2-Peer bet. All decisions to award NeXT Rewards Points, including without limitation any determination as to whether you have met the restrictions, limitations and requirements of the Peer-2-Peer bet, will be made by NeXT, at its sole discretion. All such decisions will be final and binding and not subject to appeal. NeXT at its discretion and without the need to inform you, may charge a processing fee for the Peer-2-Peer bet that will be deducted from the aggregate value of the Pot of that Peer-2-Peer bet before it is awarded to the winner. It is your responsibility to check your Points Account regularly to ensure that the NeXT Rewards Points earned when Peer-2-Peer betting have been properly credited to your Points Account and that your balance is accurate. If you believe that the NeXT Rewards Points earned have not been correctly credited to your Points Account, you must contact NeXT’s support team within sixty (60) days of the transaction (support@nextrewards.app). In addition, NeXT may make Points Account adjustments for any NeXT Rewards Points awarded that NeXT, in its sole discretion, deems as fraudulent, abusive, unethical, suspicious or otherwise inconsistent with these Terms of Use, this Agreement or any other applicable law or regulation. NeXT’s decisions are final. Should you disagree with any adjustments made to your Points Account or payments made to you, your sole remedy is to withdraw from the program.

‍Delivery of Rewards from the NeXT Rewards Catalogue
‍Rewards may be emailed to your email address or mailed to the postal address, as applicable, that you provided at the time of redemption of your first reward. Processing times may vary. NeXT will make every effort to deliver your reward within 8 to 10 weeks. Rewards that are undeliverable or unclaimed for whatever reason (including, without limitation, because your Account information is incorrect or outdated) may be forfeited, and the NeXT Rewards Points will not be refunded.

‍NeXT Rewards Points are Non-Transferable
‍NeXT Rewards Points are non-transferable, may not be bartered or sold, and are void if a transfer is attempted, and such NeXT Rewards Points and the associated Account are not transferable upon death, as part of a domestic relations matter or otherwise by operation of law.

‍NeXT Redemption Catalogue
‍The NeXT Redemption Catalogue is defined as NeXT’s online reward store where NeXT Members can choose various approved rewards and redeem for them using their NeXT Rewards Points balance. Members must have a balance equal to or greater than the redemption value of the reward they want to redeem for. A Member cannot use NeXT Rewards Points in combination with any other currency to complete a redemption. When a Member has accumulated a sufficient balance of NeXT Rewards Points to complete a redemption for a desired reward listed in the Catalogue they choose the rewards tab from within the NeXT Rewards application, open the NeXT Rewards Catalogue, review all rewards available, make their choice, click the redeem button and follow the simple checkout steps.

‍NeXT Redemption Catalogue Reward Options
‍At its sole discretion, NeXT may offer any or all of the following items, but not exclusively and not limited to, within the NeXT Redemption Catalogue: 1) Digital Gift Cards; 2) Movie Passes; 3) Subscriptions; 4) Services;  5) Gift Certificates; 6) Memberships; 7) Sports Paraphernalia; 8) Affinity Points; 9) NFT’s; 10) Partner Brand Customized Items.

‍NeXT Redemption Catalogue Reward Pricing & Distribution Fee
‍NeXT uses a Flat Fee model to cover the cost of distribution and transactions in determining the redemption value of all reward options. Rewards in the NeXT Redemption Catalogue are subject to these fees. The fees are included in the redemption value listed below each item in the NeXT Redemption Catalogue. These fees are set by NeXT and are non-negotiable. The fees are calculated by adding the retail value of the reward to the fee. (Retail Value + Flat Fee = Redemption Value).• A minimum transaction flat fee is added the cost of each redemption and is reflected in the redemption price in the catalogue• An additional minimum distribution flat fee is added the cost of the redemption of all physical goods and is reflected in the redemption price in the catalogueNeXT reserves the right to change this policy without notice and without retribution.

‍Redeeming NeXT Reward Points
‍You may redeem the NeXT Rewards Points that you have earned for rewards offered in the NeXT Redemption Catalogue pursuant to these Terms of Use and any applicable Additional Terms. Supplies may be limited. Rewards may be awarded on a first-come, first-serve and while-supplies-last basis. If you attempt to redeem NeXT Rewards points for a reward and NeXT determines that the reward is unavailable, out of stock, or for whatever reason cannot be provided to you, then NeXT may, at its sole and absolute discretion, provide you with a reward of equal or greater value. No credit, reversal, or refund of NeXT Rewards Points will be issued for any reason after NeXT Rewards Points have been redeemed; in other words, once you order a reward, you may not cancel the reward or return the reward for a refund of Points. The principle to consume NeXT Rewards Points is to redeem them for rewards as available from time to time through the NeXT Redemption Catalogue. NeXT makes every effort to deliver a redeemed reward within 8 to 10 weeks of the system generated redemption date. NeXT is under no obligation to reward you NeXT Rewards Points or send you any rewards as part of the Program. You are responsible for redeeming your NeXT Rewards Points. There is no automatic redemption or periodic distribution of NeXT Rewards Points or any other rewards. NeXT Rewards Point balances have no cash, monetary or other value prior to being earned and redeemed in accordance with these Terms. No interest is paid on NeXT Rewards Point balances. Members have no property rights or other legal interest in the NeXT Reward Points for any purpose. All NeXT Reward Points remain the sole property of NeXT until distributed per the terms of this Agreement. Your NeXT Rewards Point balance or any part of it is not transferable, cannot be divided as part of a settlement, legal proceeding or death, and cannot be combined with the NeXT Rewards Points of any other Member in the Program. You are responsible for all taxes, if any, associated with the redemption of rewards from the NeXT Rewards Catalogue.

‍Minimum Requirements – Devices
‍Your computer or mobile device should be reasonably updated• Minimum Version Android: Version 7.0 and up• Minimum Version iOS: Version 13.0 and up

‍Data Cost – NeXT Not Responsible
‍NeXT is not responsible for any data costs incurred during the use of its Services. This includes access thru the application or the web platforms and any other forms of access that may become available.

‍Modification of the Terms of Use
‍NeXT may, in its sole discretion and for any reason, modify, supplement or amend these Terms of Use without any notice or liability to you or any other person, by posting revised Terms of Use on the Website and within the application. Unless otherwise specified, or as required by applicable law, any supplement, amendment or modification will be effective immediately upon posting of the revised Terms of Use. If you do not agree with the revised Terms of Use, you may cancel your Account, and make a Request to redeem your outstanding NeXT Rewards Points. NeXT is under no obligation to honour that request and its decision in the matter is final. Your continued use of the Services signifies your acceptance of any revised Terms of Use. You should check back frequently to read the most recent version of the Terms of Use.

‍Mobile Use
‍NeXT offers mobile applications as a fast and easy way for our Members to access our Services. Our mobile applications may include the ability to access the Services and upload content to the Services, receive content from the Services and download applications to your wireless device (collectively, “Mobile Features)

‍User Content: General
‍Certain features of the Services may permit Members to post content, including messages, feedback, reviews, photos, images, folders, data, text, and other types of works (collectively, “User Content”) and to publish User Content on the Service.

‍User Content: Limited License Grant to NeXT
‍By posting User Content, you grant NeXT a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, modify, distribute and re-distribute, and otherwise exploit your User Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed). You retain copyright and any other proprietary rights you hold in the User Content that you post to the Service.

‍User Content: Representations and Warranties
‍You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting and publishing User Content, you affirm, represent, and warrant that:• You are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize NeXT and Members of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section and in the manner contemplated by NeXT and the Terms;• Your User Content, and the use thereof as contemplated herein, does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; (c) contain any viruses, adware, spyware, worms, or other malicious code; or (d) violate any applicable law or regulation.

‍User Content: Disclaimer
‍NeXT is under no obligation to edit or control User Content that you and other Members post or publish, and will not be in any way responsible or liable for User Content. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against NeXT with respect thereto. NeXT expressly disclaims any and all liability in connection with User Content. If notified by a Member or content owner that User Content allegedly does not conform to the Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, NeXT does not permit copyright infringing Activities on the Service.

‍Consent to Electronic Communications and SMS
‍By using the Service, you consent to receiving certain electronic communications from NeXT as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing. In accordance with this Section, we may also communicate with you via SMS. By providing us with your contact information, you agree that we may contact you at the address, email, phone number, or other contact information provided.

‍Ownership
‍The Services and all text, logos, images, marks, button icons, graphics, video, audio and other content contained in or communicated using the Services, including without limitation NeXT’s name and logo (collectively the “Content”) are the property of NeXT, and/or its various affiliates and third party providers and licensors (the “Third Parties”), and are protected under the copyright laws of Canada and other countries. None of the Content contained in or communicated using the Services may be reproduced, republished, distributed, displayed, sold, transferred, or modified without the express written permission of the NeXT or the applicable Third Parties. All Content is the property of NeXT or the Third Parties and protected by Canadian and international copyright laws. The compilation of all Content contained in or communicated using the Services is the exclusive property of NeXT and protected by Canadian and international copyright laws. All software used in the Services is the property of NeXT or its software suppliers and protected by Canadian and international copyright laws.

‍Trademarks
‍NeXT and all other related trademarks and design marks displayed in connection with the Services (collectively, the “Trademarks”) are registered and common law Trademarks of NeXT. Other Trademarks and design marks displayed in connection with the Services are Trademarks of their respective owners. The Trademarks of any Third Parties are used under license. Nothing contained in the Services should be construed as granting, by implication or otherwise, any license or right to use any Trademarks, including the Trademarks, except with the express written permission of NeXT or the other party that may own the applicable Trademarks.

‍Restrictions on Use; Prohibited Activity
‍You shall not use the Services in any fashion except as expressly permitted by these Terms of Use. Without limiting the generality of the foregoing, you shall not, and will not permit any person to, directly or indirectly, do any of the following acts: (i) sell, reproduce, modify or attempt to modify the Services or any Content in any way; (ii) use the Services (or any part thereof) for any public or commercial purpose, including without limitation use of any Content on any other website or mobile application; (iii) reverse engineer, de-compile, disassemble or otherwise attempt to discover the source code or underlying algorithms of the Services; (iv) modify, translate, or create derivative works based on any portion of the Services or any Content; (v) access or use the Services in order to build a competitive product or Service or copy any features, functions or graphics of the Services; (vi) access or use the Services for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes; (viii) circumvent or modify, attempt to circumvent or modify, or encourage or assist any other person in circumventing or modifying any security technology or software that is part of the Services; (ix) knowingly access data on or available through the Services not intended for you; (x) attempt to probe, scan or test the vulnerability of any portion of the Services or to breach the security or authentication measures without proper authorization; (xi) unlawfully use, transmit, disseminate or otherwise make available Content on or through the Services that is unlawful, threatening, abusive, libelous, slanderous, defamatory or otherwise offensive or illegal; (xii) impersonate or attempt to impersonate NeXT or our employees (including, without limitation, the use of e-mail addresses associated with any of the foregoing); (xiii) use the Account, username, or password of another Member of the Services at any time; or (xiv) violate any applicable law.

‍Fraudulent Activity
‍NeXT reserves the right to investigate any interaction that we believe, in our sole discretion, is abusing or has abused the Program. We reserve the right to rescind any NeXT Rewards Points, bar further NeXT Rewards Points and/or bonuses, and/or terminate any Member Account that we believe, in our sole discretion, is abusing or has abused the Program, including, without limitation, by making fraudulent referrals by creating multiple Accounts. Any failure to comply with this Agreement, any fraud or abuse relating to the accrual or receipt of NeXT Rewards Points and bonuses, or any misrepresentation of any information furnished to NeXT by you or anyone acting on your behalf may result in the termination of your Account and forfeiture of any accrued rewards. If NeXT has any reason to suspect fraudulent Activity is associated with your Account, it reserves the right to delay or withhold payment of NeXT Rewards Points. Any suspected or actual cases of fraud Activity will be escalated and reviewed in accordance with our fraud process. NeXT’s decisions are final.

‍Term and Termination
‍The term of these Terms of Use commences upon acceptance by you and continues until terminated in accordance with these Terms of Use. You agree that NeXT, in its sole discretion, may terminate or suspend these Terms of Use, and/or your Account or any part thereof, including your use of the Services, for any reason, including, without limitation, (i) your Account in deemed inactive for a period of twenty-four (24) months or more, (ii) if NeXT believes that you have violated or acted inconsistently with these Terms of Use, (iii) requests by law enforcement or other government agencies, (iv) a request by you (self-initiated Account deletions), (v) discontinuance or material modification to the Services (or any part thereof), (vi) unexpected technical or security issues or problems, (vii) in compliance with legal process; or (viii) if you have or we believe you have engaged in illegal Activities, including without limitation, fraud. NeXT may also, in its sole discretion and at any time, discontinue providing the Services, or any part thereof, with or without notice. You acknowledge and agree that any termination of your access to the Services under any provision of this Terms of Use may be effected without prior notice. Further, you agree that NeXT is not liable to you for termination of your Account, or termination of your access to the Services, except as expressly provided herein:If your Account is terminated for violation of the Terms of Use, your entire NeXT Rewards Point balance will be cancelled and voided. If your Account is terminated at your request, it will be your responsibility to make a redemption before requesting such cancelling. If your Account is terminated other than for violation of the Terms of Use or at your request, we will use commercially reasonable efforts to give you notice of the termination and to provide at least ten (10) days from the date of the notice to make a redemption using your NeXT Reward Points balance in accordance with these Terms of Use. If you do not elect to make a redemption within the time period provided, you will forfeit your entire NeXT Rewards Point balance and any entitlement to make a redemption. All Terms of Use set forth herein that should by their nature survive termination (including without limitation all provisions relating to intellectual property, ownership, and indemnification) in order to be given full effect shall continue in full force and effect after any expiration or termination of the Terms of Use.

‍Liability disclaimer – READ THE FOLLOWING CAREFULLY
‍Except as explicitly provided in these Terms of Use as amended from time to time, NeXT and the Third Parties make no representations or warranties of any kind, express or implied, regarding the Services and/or any content, or Services provided in connection with the Services, all of which are provided on an “as is” and “as available” basis. NeXT and the Third Parties do not warrant the accuracy, completeness, currency, reliability or suitability of the operation of the Services, or any of the content or data communicated on the Services, and expressly disclaim all warranties and conditions in respect of the Services, its contents or data, and any other Services provided hereunder, including those arising by statute or otherwise in law or from a course of dealing or usage of trade. NeXT and the Third Parties are not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications. NeXT and the Third Parties assume no responsibility, and will not be liable for, any damages to, or any viruses affecting your computer equipment or other property on Account of your access to, use of the Services, or your downloading of any materials, data, text, images, video or audio from the Services.

‍Maximum Liability
‍If NeXT or any of the Third Parties should be found liable for any loss or damage which arises out of or is in any way connected with any of the Services, the liability of NeXT and the Third Parties will in no event exceed in the aggregate of $100 in the currency of the country where the claim is made. In no event will NeXT or any of the Third Parties be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including, but not limited to economic loss, lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with any use of the Services or any failure or delay in the operation of the Services, even if advised of the possibility of damages.

‍Indemnification
‍You will indemnify and save harmless NeXT and the Third Parties and their respective officers, directors, employees, consultants, representatives and agents from and against any claim, cause of action or demand, including without limitation reasonable legal, accounting and other professional fees, brought as a result of your use of the Services. Without limiting the foregoing, you expressly agree to indemnify NeXT against any liability to any person arising out of your use of Content not in accordance with these Terms of Use.

‍Accuracy of Information
‍We rely on the information you provide, including registration information and your responses to our questionnaires, which must be true, accurate and complete. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, we or any other person may incur as a result of your submission of any false, incorrect or incomplete information.

‍Links/Software
‍The Services may contain links to websites or content owned or operated by other entities which are not associated or affiliated with NeXT. These links are provided solely as a convenience to those individuals who may be interested in this information, and the inclusion of any link does not imply endorsement, investigation or verification by NeXT of the linked website or information contained in the linked website, or of their security or privacy practices. NeXT will not be responsible for the content of any other linked websites or content and makes no representation or warranty regarding any other websites or the contents on those websites. If you decide to access other websites, you do so at your own risk. When you leave the Services, our terms and policies will no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any third party website, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. Linking to any other website is at your sole risk and NeXT will not be responsible or liable for any damages in connection with such linking. In addition, NeXT does not endorse or approve of any websites linked from the Services, except for other websites and applications operated by NeXT.

‍Advertisements and Promotions
‍NeXT may run advertisements and promotions from Third Parties on the Services. Your participation in promotions of parties other than NeXT, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. NeXT is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of Third Party advertisers on the Services.

‍General Terms

‍
‍‍Governing Laws, Jurisdiction
‍You consent and submit to the exclusive jurisdiction of the courts located in the City of Toronto, in the Province of Ontario, Canada, in all disputes arising out of or relating to the use of the Services and these Terms of Use, unless otherwise required by applicable law. This agreement and its performance will be governed by the laws of the Province of Ontario, Canada, and the federal laws of Canada applicable in that Province.

‍Currency
‍All references to “dollar” or the “$” sign refer to the currency from the country from which you registered to the program, unless otherwise stated, and all amounts calculated under this Agreement are to be calculated in that currency.‍

Severability
‍These Terms of Use will be severable. In the event that any provision is determined to be unenforceable or invalid, that provision will nonetheless be enforced to the fullest extent permitted by applicable law, and that determination will not affect the validity and enforceability of any other remaining provisions of these Terms of Use.

‍Headings
‍The headings used in these Terms of Use are included for convenience only and will not limit or otherwise affect these Terms of Use.‍

Entire Agreement
‍These Terms of Use, together with those policies, practices and guidelines incorporated or referred to in these Terms of Use, constitute the entire agreement between us pertaining to the subject matter of these Terms of Use, and supersede any prior agreements, understandings, negotiations and discussions, whether electronic, oral or written, regarding the subject matter, and may not be amended or modified except by NeXT as set out above. There are no representations, warranties or other agreements between us, express or implied, in connection with the subject matter of these Terms of Use, except as specifically set out in these Terms of Use. No party has been induced to enter into these Terms and Conditions in reliance on, and there will be no liability assessed, either in tort or contract, with respect to, any warranty, representation, opinion, advice or assertion of fact, except to the extent it has been reduced to writing and included in these Terms of Use.

‍Electronic Communications
‍You consent to receive communications from us electronically. We will communicate with you by e-mail, text, SMS or by using notifications through the Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

‍Questions and Comments
‍If you have any questions regarding these Terms of Use or your use of the Services, please submit a request via email to support@nextrewards.app or mail us at: NeXT Sports Group Inc. 3219 Yonge Street, Suite 380 Toronto, Ontario M4N 3S1 Canada

‍Termination of Account
‍You can terminate your account and stop using the Services at any time by doing the following:• discontinuing your use of the Sites; and/or by clicking the “Delete Account” tab located in your Profile section and following the steps as outlined. Once you click the “Delete Account” button you will see a confirmation pop-up. If you answer “Yes” to the question in the pop-up “Do you want to delete your account?” then we will immediately delete all of your personal information, void all of the points that you have earned and close your account.

‍Account Suspension and Deletion
‍NeXT reserves the right, at its sole discretion, to suspend or delete at any time and without notice, Member accounts which it deems inappropriate, offensive or in violation of these Terms of UseThe suspension or deletion of Member accounts shall not entitle Member to any claims for compensation, damages or reimbursement.The suspension or deletion of accounts due to causes attributable to the Member does not exempt the Member from paying any applicable fees or prices.‍

Waiver of Class Action
‍By using the Sites, you agree to resolve any claim or dispute arising between you and us on an individual basis, rather than addressing such claim or dispute as part of a group or class. You hereby waive any right you may have to commence or participate in any class action lawsuit commenced against NeXT Sports Group Inc. or its affiliates related to any claim, dispute or controversy arising from your use of the Sites. Where applicable, you hereby agree to opt out of any class proceeding against NeXT Sports Group Inc. commenced.The above waiver shall not apply to claims or disputes arising under consumer protection legislation or any other claim or dispute where a waiver of class action lawsuits is unenforceable at law.
‍

CONFIRMATION OF AGREEMENT TO TERMS OF USE
‍BY PROCEEDING TO USE THE SITES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS OF USE AND ANY POLICIES AND NOTICES POSTED ON THE SITES.