1. Acceptance of Terms

By accessing or using Pick5 ("the App"), you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use the App.

2. Description of Service

Pick5 is a fantasy setlist prediction game where users predict which songs will be played at live concerts. Users earn points based on the accuracy of their predictions.

3. User Accounts

To use Pick5, you must:

• Be at least 13 years of age
• Provide a valid mobile phone number capable of receiving SMS text messages, or a valid email address
• Provide accurate account information
• Keep your phone, email account, password and passkeys secure, since they are how you sign in
• Accept responsibility for all activities under your account

You can sign in with a one-time code sent by text (US and Canadian numbers) or by email, or with a password or passkey you set up. A text code is 6 digits and is sent each time you sign in by phone on a new device. See our Privacy Policy for details on how your phone number is handled.

4. SMS / Text Messaging

By providing your mobile phone number during sign-up or sign-in, you consent to receive authentication text messages from Pick5 delivered via our SMS provider, Twilio. These messages contain a 6-digit one-time passcode used to verify your identity. Message frequency is limited to sign-in attempts only — we do not send marketing or promotional SMS.

Standard message and data rates from your mobile carrier may apply. You can opt out at any time by replying STOP to any message, removing your phone number from your profile settings, or deleting your account. Reply HELP or email support@pick5.io for assistance.

5. User Conduct

You agree not to:

• Use the App for any unlawful purpose
• Create multiple accounts to manipulate leaderboards
• Attempt to gain unauthorized access to the App
• Interfere with other users' enjoyment of the App
• Use automated systems to interact with the App

6. Picks and Scoring

• Picks must be submitted before the show's cutoff time
• Once a show starts, picks cannot be modified
• Scoring is based on published setlist data, mainly each band's fan-run setlist site
• We reserve the right to adjust scores in case of data errors

7. Intellectual Property

The App and its original content, features, and functionality are owned by Pick5 and are protected by international copyright, trademark, and other intellectual property laws.

8. User Content

By using the App, you grant us a non-exclusive, royalty-free license to display your username and scores on leaderboards and in promotional materials.

9. Disclaimer of Warranties

The App is provided "as is" without warranties of any kind, either express or implied. We do not guarantee that the App will be uninterrupted, error-free, or secure.

10. Limitation of Liability

In no event shall Pick5 be liable for any indirect, incidental, special, consequential, or punitive damages arising out of your use of the App.

11. Modifications to Service

We reserve the right to modify, suspend, or discontinue the App at any time without notice. We may also modify these Terms at any time by posting the revised terms on this page.

12. Termination

We may terminate or suspend your account at any time for any reason, including violation of these Terms. Upon termination, your right to use the App will immediately cease.

13. Governing Law

These Terms shall be governed by the laws of the United States, without regard to its conflict of law provisions.

14. Contact Us

If you have questions about these Terms, please contact us at support@pick5.io.