Rush Sports & 49ers Pick 6 App and Promotion Official Rules
No Purchase Needed and no purchase will impact your opportunity to win.
The Rush Sports App (“App” or “Promotion”) is exclusively sponsored and provided by Rush Sports Inc. (“The Provider” and “The Sponsor”). The App and Promotion are available with no purchase necessary. Purchasing anything inside the app will not increase your chances of appearing on a leaderboard or winning a prize. Subject to applicable federal, state and local laws and void where prohibited.
Arbitration.
By participating in the promotion you agree to have all disputes be resolved solely by binding arbitration and waive your right to individually or collectively bring claims in a class action format against The Provider or The Sponsor of this promotion.
Participation Criteria.
Eligible persons to participate shall be referred to as “Users”, “Players” or “You”. The App is offered and open to individuals who are legal residents of the United States and are twenty-one (21) years of age or older as of the date of entry. The Sponsor and The Provider shall be entitled to interpret these Official Rules as needed, including, but not limited to, rules regarding entries, deadlines, leaderboard selection, prize restrictions, and eligibility, and all of its decisions are final. By participating, you irrevocably, fully and unconditionally agree to be bound by these Official Rules and waive any right to claim ambiguity in these Official Rules and or any other Promotion-related advertising or materials.
Restricted Individuals.
The following individuals shall not be able to participate in the Promotion:
All members and employees of participating sporting teams, including Forty Niners Football Company LLC, Forty Niners SC Stadium Company LLC (collectively with Forty Niners Football Company LLC, the “Club”), employed under contract, full-time or part time including their family members.
All members and employees of Rush Blockchain Sports Inc. (“The Provider”) employed under contract, full-time or part time including their family members.
All members and employees of participating leagues, employed under contract, full-time or part time including their family members.
“Family members” shall be defined as the spouse, parents or children of such individuals.
Release.
You agree to release each of The Sponsor, The Provider, Club, and all other companies involved in the making, delivery or management of the App, and all involved subsidiaries, agencies, developers, affiliates, franchisees, employees, promoters, directors, sponsors, vendors, officers, agents and related persons (collectively, the “Released Parties”), from any liability, loss or damage incurred in connection with or arising out of the App, or from your use, misuse or acceptance of a prize. Released Parties are not responsible for any and all failures or malfunctions of the App including but not limited to incomplete, inaccurate, late, lost, stolen, delayed, undelivered or misdirected predictions, points, user registration or information, messages, purchases, theft, destruction or unauthorized access to, or alteration of any digital or analog communication by you to the App or the App to you, including mobile phones, phone lines or telephone systems; interrupted or unavailable network, cable, satellite, Wi-Fi, Internet Service Provider, server or other connections; any error, omission, interruption, defect or delay in any transmission or communication; traffic congestion on the Internet or for any technical problem, including but not limited to any injury or damage to participant’s or any other person’s computer or mobile device related to or resulting from your use of the App; errors in these Terms and Conditions, in any advertisements or other materials; the selection or announcement of potential winners or the announcement or distribution of prizes; the cancellation, suspension or preemption of any event, injuries or other unavailability of a team or player, App processing, prediction submission, point tabulation, or timing errors or other problems or errors of any kind that may occur in connection with the administration of the App, whether mechanical, human, electronic, typographical, printing or otherwise, including, without limitation, incorrectly entered information that determines point allocations (e.g., decision results of individual props etc.) or results that are later overturned due to a refereeing or other decisions.
How to play.
Access the “App” on your compatible smartphone or mobile device. If you have not done so already, download the free App to your device.
Register An Account: Next, follow the on-screen instructions to create a free account by using a valid phone number and confirm the number using an SMS code which will be sent to you by the App.
Enable Push Notifications in order to receive alerts and be notified of new props
During each participating game offered through the App (a “Game”), The Sponsor will send out six questions related to gameday and other possible topics. Each question will enable users to choose one of two potential answers.
The three (3) users that answer the most questions correctly will be awarded a prize. In the event of a tie, three (3) winners will be selected at random from the pool of users who answered the most questions correctly.
Questions may be predictive-type questions related to gameday, trivia, free agency, league and/or other activities and therefore may expire quickly. Ensure that the application settings are set so that you receive push notifications from the App. Once a question expires, you will no longer be able to submit a response.
This is the only method of entry. Entries will not be accepted via U.S. mail, e-mail, or any other method.
Code of Conduct
All applicable local, national, and international laws must be respected while you are using the App. All and any activity, conduct or content that encourages, features, promotes or solicits illegal activity is prohibited.
No Inappropriate Language Use
No Repeated Messages
No Violence and Threats
No Hateful Conduct or Harassment
No Self-Destructive Behavior
No Sharing of Private Information
No Solicitation or Advertising
No Impersonation
No Spam, Scams, and Other Malicious Conduct
No Sexual Content or References
No Political Discussions
No Extreme, Obscene or Violent Conduct
No Sharing of Any Content That You Do Not Directly Own
Participation Removal
Suspension or suspension reversal of access to App features is solely at the discretion of The Provider, The Sponsor and Club. Conduct that may be deemed inappropriate by the community based on the below guidelines may lead to suspension of chat access for a period of a single game. Multiple suspensions may result in a permanent user ban. All suspensions are binding until expiration. Means for removal may include repeated community reports of inappropriate behavior by the user or conduct deemed inappropriate by The Provider or The Sponsor.
Prizes, Winner Selection, Announcements & Delivery.
Use of automated bots and any programmed script or any other automated means or similar entry methods or agents (including, but not limited to, Promotion-entry services or multiple or different phone numbers or email addresses, or the submission of false contact information under multiple or different identities, registrations, accounts or logins) or any other devices or artifices to enter or encourage, directly or indirectly, multiple or false entries are prohibited and suspected or detected entry method violations may void some or all entries submitted by that entrant, in The Sponsor’s sole discretion.
Winners will be determined and contacted no later than (7) days following the end of each eligible Game. Each Game, the prizes and prize winners will be made public and may be adjusted, as needed, as determined by The Sponsor and Club in their sole discretion. The three (3) users that answer the most questions correctly will be awarded a prize. All prizes are subject to availability. In the event of a tie, three (3) winners will be selected at random from the pool of users who answered the most questions correctly during the Game.
The calculation of correct number answers, position within the leaderboards, administration of tie-breakers, and identification of potential winners will be conducted by The Sponsor or Club, whose decision is final and binding with respect to these Terms and Conditions and in all other matters relating to the App. Each prize will be awarded to the person considered the authorized account holder via the phone number or email address entered during registration (subject to verification of eligibility and compliance with the terms of these Terms and Conditions). Potential winners will be notified by The Sponsor by email, telephone or mail as necessary. In the event that any selected potential winner declines his/her prize or his/her prize is returned as undeliverable, is not eligible to accept the prize, does not comply with the terms of these Terms and Conditions or is not available for any reason when notified, his/her prize opportunity will be forfeited and The Sponsor, at its sole discretion and time permitting, may notify the next runner-up for the prize at issue from among all remaining eligible submissions.
The approximate retail value (“ARV”) of each Prize shall be designated in the App.
By participating, Players agree to be bound by these Terms and Conditions and agree that: (1) The Sponsor and Club and each of their designees may use (unless prohibited by law) Player’s name, city and state of residence, prediction, photograph, any oral or written statements, and/or likeness for advertising, trade and/or any other purposes in any media now or hereafter known throughout the world in perpetuity, without further compensation, permission or notification, (2) The Sponsor reserves the right to conduct a background check and entry in the Game constitutes Player’s permission for The Sponsor to conduct such background and age verification check, provided that, to the extent additional authorization is necessary under law, Players shall authorize such check. The Sponsor or Club reserves the right (at its sole discretion) to disqualify any Player based on the results of the background check or failure of the Player to properly authorize such check, and (3) the Released Parties shall have no liability and will be held harmless by Player for any claim, action, liability, loss, injury or damage to Player or any other person or entity, including, without limitation, personal injury or death to Player or any other person or damage to personal or real property, due in whole or in part, directly or indirectly, by reason of the acceptance, possession, use or misuse of the prize and any activity, travel or travel-related activity thereto or participation in this Game. The Sponsor reserves the right, in its sole discretion, to modify, suspend, and/or terminate this Game (or portion thereof) for any reason, including should virus, bugs, non-authorized human intervention or other causes corrupt or impair the administration, security, fairness or proper play of the Game or for any other reason and, in the case of termination, at its discretion, select the winners for the prizes at issue from all eligible non-suspect predictions and points tabulated prior to the event that required such termination using the winner determination criteria specified above.
Promotional Disclosures.
By participating in the Promotion and/or accepting a prize, you agree to award The Sponsor, The Provider and their affiliates the right to publicize your name and other information including photographs, likeness, biographical information and voice for purposes of this and future promotions without further compensation, except where prohibited. Such publication may include, but is not limited to, The Sponsor, The Provider, Club, the National Football League, or their affiliates’ website, social media pages, email, Television Broadcast or other channels.
Malicious Activity & Unfair Advantage.
Any attempt to cheat or tamper with the App that leads to an unfair advantage is prohibited including requests for comment likes or like-for-like schemes. Such attempts may lead to a permanent removal of access to all features and suspension of any previous or future Prize winnings. Any attempt by any individual or group to defraud, tamper with, or deliberately undermine, the legitimate operation of the promotion may be a violation of criminal and/or civil laws and sponsor reserves the right to pursue any available damages or remedies against such individual and/or refer such matters to law enforcement for prosecution to the fullest extent permitted by law.
Secondary Wagers Strictly Prohibited.
You are strictly prohibited from engaging in any alternative secondary activity related to your or other users activities and performance in the promotion included but not limited to making wagers outside of the App related to points balances or outcomes of individual questions. Any such activity will result in immediate suspension of your user account and all privileges upon being discovered.
Choice of Law.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of entrant and Sponsor in connection with the Game, shall be governed by, and construed in accordance with, the substantive laws of the State of California, USA.
IMPORTANT: DATA RATES MAY APPLY TO USE OF MOBILE PHONE/DEVICE TO PARTICIPATE IN THE PROMOTION. WI-FI AND/OR WIRELESS SERVICE MAY NOT BE AVAILABLE IN ALL AREAS OR ON ALL DEVICES.