Terms of Use

Updated [December 19, 2017]

uPushiT Ultimate Challenge is a wide-scale game competition platform where users engage in system-wide tournament structured competitions. We do not host head to head or team vs team based jackpots or wagering of any kind on our platform. We do not collect money for prize distribution. All tournament entries are free. The first game play of each tournament is considered the tournament entry and therefore is free to participate.

APPLE IS NOT A SPONSOR NOR IS INVOLVED IN ANY WAY IN THIS COMPETITION. DE' LAMAR TECHNOLOGIES IS SOLELY RESPONSIBLE FOR ALL PRIZE DISTRIBUTION. THE PRIZES WON ARE NOT APPLE PRODUCTS, NOR ARE THEY RELATED TO APPLE IN ANY WAY. THE RESPONSIBILITY OF ORGANIZING THE COMPETITION AND DISTRIBUTING THE PRIZES ARE DE' LAMAR TECHNOLOGIES' RESPONSIBILITIES. APPLE DOES NOT SPONSOR THIS COMPETITION IN ANY WAY.

GENERAL TERMS

In order to use our service you must agree to our "Terms of Use". These Terms of Use ("Terms") govern your access to and use of the services, including our various websites, SMS, APIs, email notifications, applications, buttons, and widgets, (the "Services" or "uPushiT Ultimate Challenge"), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as "Content"). Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.

Changes to the Terms. We reserve the right to modify or amend this Agreement at any time, for any reason, or for no reason at all, at our sole discretion. The most recent version of this Agreement will be posted on this page. As a Member, it is your sole responsibility to keep yourself apprised of any such modifications or amendments. Should you object to any terms and conditions of the Agreement or any subsequent modifications thereto or become dissatisfied with uPushiT services in any way, your only recourse is to immediately: (1) discontinue use of uPushiT services; and (2) uninstall uPushiT Ultimate Challenge mobile app from your device(s). The Services that uPushiT provides are always evolving and the form and nature of the Services that uPushiT provides may change from time to time without prior notice to you. In addition, uPushiT may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

United States (U.S.). To be eligible to register an Account, to participate in any Competition or receive Services, and/or to download Software, you must: (a) be a natural person who is at least 18 years of age or older, and who is personally assigned to the email address submitted during your Account registration; (b) have the power to enter into a contract with De' Lamar Technologies; (c) be physically located within the U.S. when accessing your Account and participating in Competitions; (d) be physically located within a U.S. state in which participation in the Competition you select is unrestricted by that state’s laws; and (e) at all times abide by these Terms. If any one of these requirements is not met at any time, we may suspend or close your Account with or without notice.

Non-U.S. To be eligible to register an Account, to participate in any Competition or receive Services, and/or to download Software, you must: (a) be a natural person who is at least 18 years of age or older, and who is personally assigned to the email address submitted during your Account registration; (b) have the power to enter into a contract with De' Lamar Technologies; (c) be physically located in a jurisdiction in which participation in the Competition you select is permitted and unrestricted by that state or country’s laws; and (d) at all times abide by these Terms. If any one of these requirements is not met at any time, we may suspend or close your Account with or without notice.

Employee Policy. De' Lamar Technologies employees may use the Services and/or Software for the purpose of testing the user experience, but may not withdraw money. De' Lamar Technologies directors, contractors, affiliates, or partners may use the Website, Services and/or Software without such limitation, but only if they do not have any access to non-public information relating to the Services and/or Software that would lead to any advantage in their play using the Services and/or Software.

Our Services. We may, with or without notice to you: (1) modify, suspend or terminate your access to the Website, Services and/or Software for any reason without liability; and (2) interrupt the operation of the Website, Services and/or Software as necessary to perform maintenance, error correction, or other work. We may suspend and/or close the account of any user who violates, or whom we reasonably believe may be in violation of or will violate, these Terms, at any time without notice and without liability. Also, and without limiting our other rights or remedies, if we believe you have violated these Terms or if you have violated these Terms, we may determine that your Winnings, if any, will be forfeited, disgorged or recouped by us.

COMPLIANCE WITH LAWS

Prohibited US States/Countries. You acknowledge that various rules, regulations and laws addressing sweepstakes, contests, and tournaments with entry fees and/or prizes govern your participation in Competitions ("Gaming Laws"), and that Gaming Laws are set up by each individual US state, country, territory, or jurisdiction. Therefore, we DO NOT offer Cash Competitions (as defined in section 8.3) to users participating in Competitions in any state in which such Competition violates its Gaming Laws ("Prohibited Jurisdiction"), and if you are located in any Prohibited Jurisdiction then you may not participate in Cash Competitions. In the United States, Prohibited Jurisdictions, as of the "Updated" date above, include: Arizona, Arkansas, Connecticut, Delaware, Florida, Louisiana, Maryland, Montana, South Carolina, South Dakota, and Tennessee. It is your responsibility to determine whether the state, country, territory or jurisdiction in which you are located is a Prohibited Jurisdiction. We reserve the right (but have no obligation) to monitor the location from which you access Services, and we may block access from any Prohibited Jurisdiction. Each time you log in to participate in a Cash Competition, you must accurately confirm the location from which you are playing.

Additional Laws. In addition to Gaming Laws, you are also subject to all municipal, state and federal laws, rules and regulations of the city, state and country in which you reside and from which you access and use Services, including without limitation U.S. export laws (together with Gaming Laws, the "Applicable Laws"). You are solely responsible for your compliance with all Applicable Laws. Access to Competitions may not be legal for some or all residents of, or persons present in, certain jurisdictions. SERVICES AND COMPETITIONS ARE VOID WHERE PROHIBITED OR RESTRICTED BY APPLICABLE LAWS. Your participation in Competitions is at your own risk, and you agree not to hold us responsible or liable if Applicable Laws restrict or prohibit your access or participation.

Legal Disclaimers. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE LAWFULNESS OF YOUR PARTICIPATING IN ANY COMPETITION OR USE OF SERVICES, NOR SHALL ANY PERSON AFFILIATED, OR CLAIMING AFFILIATION, WITH US HAVE AUTHORITY TO MAKE ANY SUCH REPRESENTATIONS OR WARRANTIES.

CONDITIONS OF PARTICIPATION

No purchase necessary to enter tournaments; tournament entries are free. You must be at least 18 years or older to participate in game challenges.

All users require a PayPal account to receive winnings. Winnings are paid in USD and are deposited directly into your PayPal account within 5 business days after the tournament end date. All accounts are subject to ownership verification before winnings are deposited.

We do not and will not send checks or deposit through money transfers. Under no circumstance will other payment types be arranged or accepted.

Winners are responsible for PayPal transaction fees. PayPal fees will be deducted from winnings.

There are no tiebreakers or sudden death matches. Winnings will be split evenly amongst all players sharing the same score.

Users are required to register at uPushiT Ultimate Challenge using a valid email address. All cash winners of each tournament will be sent a notification to the email address used for registration. Only one prize notification will be sent to each winner at the end of each tournament. Users are responsible for tracking winner notifications. Winner notifications will be sent from email address: "support@upushitultimate.com". It's highly recommended to place this email address on your "friendly" email list to prevent it from getting lost in your junk mail box.

During notification, users will be asked if their PayPal account is the same as the registered email address. If the email address used for registration is different than the email address used for PayPal, then we will need the PayPal account in order to deposit payment.

The system is designed to auto-match users for match play; you don't have the option to choose your opponent.

Once match play ends, both users must exit the game in order to play a new match. No users are allowed to play a rematch game.

Option Challenges

An Option Challenge is "optional" game play where users can choose to challenge more players so to maximize their tournament score. Users are not required to play an option challenge to participate in tournaments. Push Tokens are required to play Option Challenges. The amount required is posted with each tournament located under "Cost Per Challenge".

Push Tokens

A Push Token is virtual currency created by our company to be used by our system. One Push Token is equivalent to (1) cent.

Push Tokens are offered in packages of:

  • 100 (cost = $1 + 0.50 PayPal Fee)
  • 300 (cost = $3 + 0.65 PayPal Fee)
  • 500 (cost = $5 + 0.75 PayPal Fee)

Push Tokens can only be purchased through PayPal. Users are responsible for PayPal fees. When purchasing Push Tokens, PayPal fees are added to the total.

Privacy

Any information that you provide to uPushiT is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to other countries for storage, processing and use by uPushiT. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements, upcoming competitions, winner notifications and administrative messages. These communications are considered part of the Services and your uPushiT Ultimate Challenge account, which you may not be able to opt-out from receiving.

Disclaimer of Warranties

User agrees that use of the uPushiT website, uPushiT Ultimate Challenge mobile apps and the services is entirely at User's own risk. All information, products, content and other materials in the Site, accessible from the Site, or in a Third-Party Site are provided "as is" and without warranties or representations of any kind, either express or implied. This means that uPushiT expressly disclaims all warranties, express or implied, including without limitation the warranties of title and non-infringement and the implied warranties of merchant ability and fitness for a particular purpose. In addition, uPushiT does not represent or warrant that: (i) the operation of the Site will be error-free or uninterrupted; (ii) defects will be corrected; (iii) the Site, any emails sent by uPushiT, or the server that makes the Site available are free of viruses or other harmful devices; (iv) the Site will be available to you or that you will qualify for products or services offered; (v) the materials in the Site will be accurate as of any particular date; or (vi) the products or services offered through the Site are available outside of the United States or in jurisdictions in which uPushiT is not properly licensed. If you are in a state that does not allow a disclaimer of implied warranties, the above disclaimer or a portion of it may not apply to you.

Limitation of Liabilities

uPushiT shall not be liable for any loss, damage, injury, or claim, nor any special, indirect, incidental, consequential, exemplary or punitive damages of any kind, whether such action is based in tort, contract, negligence, strict liability, or otherwise and even if uPushiT has been advised of the possibility of such damages, which arises out of or relates in any way to: (i) the Site, materials in the Site, or the inability to use the Site; (ii) any Third-Party Site, materials in any Third-Party Site, or the inability to use any Third-Party Site; (iii) any defect, omission, error, interruption, delay, or computer virus.

Indemnity

You agree to indemnify and hold uPushiT, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.

We may revise these Terms from time to time. If the revision, in our sole discretion, is material we will notify you via e-mail to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.