Terms and Conditions

Terms & Conditions

End User Agreement, Terms, Conditions & Services
Last Revised: October 22, 2025

Welcome to the Terms & Conditions (these “Terms”) for the Blue 42 properties operated by or on behalf of Blue 42 Investments, Inc., a Utah corporation (“Company,” “we,” “us,” or “our”). These Terms govern your use of:

The Blue 42+ (Blue 42 Plus) real-money, skill-based contests offering (the “Blue 42+ Service”),
The Blue 42 free-to-play app offering non-cash sponsored items (the “Blue 42 Service”), and
Our related website www.blue42gaming.com and any content, tools, features, and functionality offered on or through them (collectively, the “Services”).

Binding Agreement. By accessing or using any portion of the Services, you agree to these Terms. If you do not agree, do not use the Services. We may update these Terms at any time in our discretion. The updated Terms are effective upon posting to the Website or in-app. Your continued use after changes means you accept the updated Terms.

Arbitration & Class Waiver. Section 10 contains a binding arbitration clause and class action waiver. You can opt out as described in Section 10. If you are in the EEA or in a country that does not allow such arbitration provisions, Section 10 does not apply.

Who May Use the Services
Accounts; Identity & Deposits (Blue 42+ only)
Description of Services
3A. Blue 42+ (Paid Skill-Based Contests)
3B. Blue 42 (Free, Sponsored-Items Only)
Prizes & Winnings
Privacy
License & Acceptable Use
Ownership, User Content & DMCA
Third-Party Services & Content
Disclaimers; Limitation of Liability; Indemnity
Arbitration; Class Action Waiver; Opt-Out
No-Purchase-Necessary Mail-In Entry (Blue 42+ only)
Additional Provisions; Contact

1) Who May Use the Services

1.1 General. You may use the Services only if you are not considered a “Child” under applicable law. We treat a “Child” as under 13 years old (or the local age of consent to data processing, if higher).

1.2 Blue 42+ Eligibility (Paid). To enter paid contests you must: (a) be at least 18 years of age (or older if your jurisdiction requires it), and (b) reside in and physically use the Services from a jurisdiction where such skill-based contests are lawful and not otherwise restricted. We may verify age, identity, eligibility, and location at any time.

1.3 Blue 42 Eligibility (Free). The free Blue 42 Service is open to users who are not “Children” under applicable law. There are no entry fees and no cash payouts.

1.4 Acting for an Entity. If you use the Services on behalf of a company or other entity, you represent you have authority to bind that entity, and “you” includes both you and the entity.

1.5 Enforcement. We may suspend or terminate accounts for policy or legal violations. If we suspend or terminate for cause, we have no obligation to refund or compensate you for lost access or features.

2) Accounts; Identity & Deposits (Blue 42+ only)

2.1 Accounts. You may create an account or link an Apple/Google/Facebook account (“Account”). You must provide accurate, complete, and updated information and keep credentials secure. You are responsible for all activity under your Account. Notify us immediately of any suspected unauthorized use at play@blue42gaming.com or (801) 550-8995.

2.2 Identity & KYC. For Blue 42+, we may require a user photo and a matching government-issued photo ID and may use geolocation or SMS-based verification to confirm eligibility and location.

2.3 Deposits (Blue 42+ only). Before paying contest entry fees, you must deposit funds to your Account. You may incur bank or network fees imposed by your bank/card network. These are separate from any fees we deduct from prize pools for contest administration.

No Deposits for Blue 42 (Free). The Blue 42 Service does not accept deposits or any form of payment from users.

3) Description of Services

3A) Blue 42+ (Paid Skill-Based Contests)

3A.1 Core Experience. Players compete by predicting plays in real time during professional or collegiate football games. Before each play, you select from run, pass, kick, or wild, and may specify play-type and field zone where applicable. AI-driven insights may be displayed for user experience only.

3A.2 Scoring & Modes. Points are awarded based on prediction accuracy. The highest score at the end of the designated game period wins, including modes such as Streak, Accuracy, and Confidence/Point Management.

3A.3 Outcome Source. Results rely on real-time on-field data and official in-game reviews; official reviews are final and not subject to dispute in the contest.

3A.4 No Overtime. Contests end at the end of regulation (end of the fourth quarter).

3A.5 Contest Pages. Each contest will disclose (i) participation rules, (ii) prize type/amount (e.g., digital gift card or other items of value, collectively “Prizes”), and (iii) the rank(s) required to win.

3A.6 No Purchase Necessary. Registration is free. Participation in paid contests is optional and limited to eligible users. A mail-in, no-purchase method for free entries is provided in Section 11.

3A.7 Changes. We may modify, suspend, or discontinue contests or features at any time.

3A.8 Location Restrictions (Blue 42+). Access to paid contests is currently available only to users located in the following U.S. states/territories (subject to change): AL, AK, CA, CT, DE, GA, HI, ID, IL, IN, KS, KY, ME, MA, MN, MS, MO, NE, NM, NY, NC, ND, OH, OK, OR, RI, SD, TN, TX, UT, VT, VA, WV, WI, WY. We may block access from prohibited jurisdictions.

3A.9 Cancellation; Enforcement. We may suspend or terminate accounts for violations. If suspended/terminated for cause, no refunds or compensation are owed. We may withhold prizes as required by law or for failure to complete tax/KYC steps.

3A.10 Payouts & Taxes.

Prize Distribution. Subject to eligibility verification and our sole discretion to determine winners. Administrative fees may be deducted from prize pools.
Taxes. U.S. users earning $600+ in a calendar year may be required to submit IRS Form W-9 so we can issue Form 1099-MISC or other forms. We may withhold amounts as required by law. You are responsible for federal, state, and local taxes.
No Refunds. We do not issue refunds unless required by law.
Employee Exclusion. Our employees, affiliates, and agents with access to non-public contest materials may not participate.

3B) Blue 42 (Free; Sponsored-Items Only)

3B.1 Core Experience. Blue 42 offers the same play-prediction gameplay but free-to-play. There are no entry fees, no deposits, and no cash or cash-equivalent payouts.

3B.2 Sponsored Items Only. Any awards consist solely of sponsored or promotional items (for example: gear, tickets, jerseys, merchandise, digital trophies, or similar non-cash items) (collectively, “Sponsored Items”). No cash, digital gift cards, or monetary equivalents are awarded in Blue 42.

3B.3 Availability. Blue 42 may be available more broadly than Blue 42+. We may still restrict access by region or jurisdiction and may use geolocation to enforce availability.

3B.4 Taxes on Sponsored Items. The fair market value of Sponsored Items may be taxable. We may request tax information if required by applicable law. You are responsible for any taxes due.

3B.5 No Purchases; No Withdrawals. There are no purchases, entry fees, or withdrawals in Blue 42. Mail-in entries are not required for Blue 42 because there is nothing to purchase and no paid entry.

3B.6 Eligibility & Rules. Eligibility generally matches Section 1 (no “Children”). Contest-specific rules, scoring, and winner determination are as posted in-app and are within our sole discretion.

4) Prizes & Winnings

4.1 Promotional Codes. We may issue promotional/referral/discount codes subject to code-specific terms. Codes are non-transferable, have no cash value, and may be disabled at any time.

4.2 Changes to Contests & Prizes. Descriptions may change. If a listing is inaccurate, your remedy is to request correction to your Account. Availability is not guaranteed.

4.3 Submission-Based Confirmations (If Applicable). If a contest calls for user-submitted content (e.g., photos), we may verify authenticity at our sole discretion before awarding any Prize or Sponsored Item.

4.4 Eligibility Verification. We may require proof that you met eligibility and complied with these Terms. Failure to provide satisfactory proof may result in disqualification/forfeiture.

4.5 Taxes.

Blue 42+. See 3A.10.
Blue 42. See 3B.4 (taxes may apply to Sponsored Items).

4.6 No Information From Children. Do not provide us with personal data of persons under 13 (or as otherwise restricted by local law).

Limits Specific to Blue 42+ vs. Blue 42:

Blue 42+: May award cash or cash-equivalent prizes (e.g., digital gift cards), subject to tax/KYC.

Blue 42: Awards are Sponsored Items only, never cash or gift cards.

5) Privacy

5.1 Privacy Policy. Our Privacy Policy (https://www.blue42gaming.com/privacy) explains what we collect and how we use it and is incorporated by reference.

5.2 Use of Data. We and our service providers use your data to operate, secure, improve, and analyze the Services, consistent with our Privacy Policy. Sensitive data is transmitted via SSL to password-protected systems.

6) License & Acceptable Use

6.1 License. Subject to these Terms, we grant you a personal, limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services and to download a single copy of the App on your device.

6.2 Your Responsibilities. You use the Services at your own risk and must comply with all laws, these Terms, and any in-app rules.

6.3 Prohibited Conduct. You will not, for example: reverse engineer; copy or resell content; use cheats/bots/mods; collude; overload or interfere with the Services; bypass security; scrape; introduce malware; post unlawful/objectionable content; or violate any applicable laws.

6.4 Mobile; Messaging. Carrier data/SMS charges may apply. You may manage push/SMS settings in-app or your device OS (service announcements may still be sent).

6.5 Apple App Store Terms. When downloaded from Apple, additional Apple terms apply; Apple is not responsible for the App or any contests and is a third-party beneficiary of these Terms for enforcement purposes.

6.6 Monitoring/Recording. We may monitor or record gameplay and related activity for quality, integrity, anti-cheat, and compliance.

6.7 Ineligible Personnel. Our employees/affiliates/agents with access to sensitive materials may not participate in contests.

6.8 No Refunds (Blue 42+). Except where required by law.

7) Ownership, User Content & DMCA

7.1 Our IP. The Services, including all content and “look and feel,” are owned by us and our licensors and protected by IP laws.

7.2 Trademarks. Our names, logos, and marks are ours or our licensors’. Other marks belong to their owners.

7.3 Feedback. You assign to us all rights in any feedback you provide.

7.4 User Content License. You grant us a worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free license to use, reproduce, modify, distribute, perform, display, market, and create derivative works from your content in connection with the Services. You represent you have all rights necessary and waive any moral rights to the extent permitted by law.

7.5 DMCA. Send notices of alleged infringement to play@blue42gaming.com with the elements required by 17 U.S.C. § 512(c). We may terminate repeat infringers. Counter-notifications should comply with 17 U.S.C. § 512(g)(2)–(3).

8) Third-Party Services & Content

We may display or link to third-party content, products, and services. We do not control or endorse them and are not responsible for their availability, accuracy, or legality. Your use is at your own risk.

9) Disclaimers; Limitation of Liability; Indemnity

9.1 Disclaimers. The Services are provided “AS IS” and “AS AVAILABLE.” We disclaim all warranties to the fullest extent permitted by law, including merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee uninterrupted or error-free operation or any specific outcomes.

Legality of Blue 42+ Real-Money Skill Contests. Laws vary by jurisdiction. You are responsible for confirming legality where you use the Services.
Card-Absent Transactions (Blue 42+). You must comply with applicable laws in your jurisdiction.
Age. No users under 18 for Blue 42+; no “Children” on any Service.
Location Services. We may use SMS codes and device location for compliance.
U.S. Players / Non-U.S. Players. You are responsible for compliance with all applicable local laws. The Services are void where prohibited.

9.2 Limitation of Liability. To the maximum extent permitted by law, the Company Entities are not liable for any indirect, incidental, special, consequential, exemplary, punitive, or lost-profits damages. Our total liability for all claims shall not exceed the greater of $1,000 or the amount you paid us in the past six (6) months for the Service giving rise to the claim.

9.3 Prize-Specific Limits. Additional prize terms may apply. We are not responsible for third-party promotions or for unavailability or substitutions. You must comply with all prize terms; violations may result in disqualification.

9.4 Indemnity. You agree to defend, indemnify, and hold the Company Entities harmless from claims, losses, liabilities, damages, and expenses (including attorneys’ fees) arising out of your (a) breach of these Terms or law (including Gaming Laws), (b) violation of third-party rights, (c) misuse of the Services, or (d) negligence or willful misconduct.

10) Arbitration; Class Action Waiver; Opt-Out

10.1 Informal Resolution First. Before filing a claim, the parties will attempt in good faith to resolve disputes informally. The receiving party has 30 days to respond.

10.2 Arbitration. Except for the Exceptions below, any unresolved claim relating to the Services will be finally resolved by binding individual arbitration administered by JAMS under its Comprehensive Arbitration Rules. The FAA governs. One arbitrator; English language. Judgment may be entered in any court of competent jurisdiction.

10.3 Class Waiver. No class, consolidated, representative, or private attorney general actions in arbitration or court. Only individual claims.

10.4 Exceptions. (a) Small-claims-eligible matters; (b) claims seeking injunctive relief only (including public injunctive relief); and (c) IP disputes.

10.5 Fees/Costs. Each party bears its own fees/costs except as otherwise provided by law or JAMS rules.

10.6 Opt-Out. You may opt out of arbitration (not the class waiver alone) by emailing play@blue42gaming.com within 30 days of first agreeing to these Terms. If you opt out, we are not bound to arbitrate with you either.

11) No-Purchase-Necessary Mail-In Entry (Blue 42+ only)

To obtain free entries for Blue 42+ without making a purchase or deposit, mail a handwritten 4" × 6" card in a stamped #10 envelope to [Insert Mailing Address], United States, including:

The handwritten words: “Blue42+ Entry” on the envelope,
Your full legal name (matching government ID),
The email address on your Account,
The postal address on your Account, and
This statement:
“I am sending this card to obtain free entries and to participate in the skill-based game offered by Blue 42+. By sending my request, I acknowledge and certify that I have read, understood, and agree to be bound by the applicable Terms of Service.”

One card per envelope. Each compliant card grants 5 Entries, posted to your Account. Illegible or unverifiable requests are void. Automated methods are prohibited. We may change entry allocation amounts at any time. We are not responsible for lost/late/misdirected mail. Entries are valid for 60 days from your last Account login, then expire. Entries have no value and are not transferable, sellable, or redeemable except as provided herein.

Note: Mail-in entries are not required for Blue 42 (free) since there is no purchase and no paid entry in Blue 42.

12) Additional Provisions

12.1 Recordkeeping. We recommend keeping copies of entries, deposits, withdrawals, and policies for your records.

12.2 SMS/Calls Consent. We may contact you by call or text (including via autodialer) at numbers you provide, including for marketing. Consent is not required to use the App. You can opt out by replying STOP, or contacting (801) 550-8995 or play@blue42gaming.com.

12.3 Updates to Terms. We may modify these Terms and update the “Last Revised” date. Material changes may be highlighted by notice in-app or by email. Your continued use after the effective date constitutes acceptance.

12.4 Termination. If you breach these Terms, all licenses terminate automatically. We may suspend, disable, or delete your Account at any time with or without notice. If deleted for suspected breach, you may not re-register; any balances or prizes may be forfeited as permitted by law. Sections intended to survive will survive.

12.5 Injunctive Relief. Breach may cause irreparable harm. We may seek equitable relief without bond.

12.6 California Notice. California residents may contact the DCA’s Consumer Services Division at 1625 North Market Blvd., Suite N112, Sacramento, CA 95834, or (800) 952-5210.

12.7 Export. You will not export/re-export the Services contrary to U.S. law, including to embargoed countries or prohibited parties. You represent you are not on any U.S. denied/restricted list.

12.8 Force Majeure. No party is liable for delays/failures due to causes beyond reasonable control (e.g., natural disasters, war, network failures, government actions).

12.9 Governing Law; Venue. Except where prohibited by local consumer law, these Terms are governed by Utah law (conflict rules excluded). Courts in Utah have exclusive jurisdiction for litigation permitted under these Terms. The U.N. CISG does not apply.

12.10 Miscellaneous. If any provision is unenforceable, it is severed and the rest remains in force. We may assign these Terms; you may not without our written consent. No waiver of any breach is a waiver of any other breach. Headings are for convenience only.