Terms and Conditions
Prize Game Subscription Service Rules and Regulations
1. Introduction
These Terms and Conditions are applicable on all Services rendered and Products supplied by or on behalf of the Provider. Apart from these Terms and Conditions, publicized rules, promotional conditions, guidelines and provisions pertaining to the Services and Products may apply to You upon use of certain Services of the Operator. All those provisions will be considered to form an inextricable part of these Terms and Conditions. By making Use of the Services of the Provider and the services of the Operator, you agree to these Terms and Conditions and other applicable provisions.
2. Definitions
The following definitions, either used in singular or plural form, have the following meaning:
1. User or You: the individual person (either or not acting on behalf of a company), who makes use of the Services;
2. Services: the services, amongst which a Quiz game, wallpaper or a ring tone, either or not in the form of a subscription service, rendered and to be rendered by the Provider via SMS and its Website, amongst which all new facilities that constitute any expansion, extension or improvement of the Services, including any extension to new functions added by the Operator;
3. Quiz: one of the Services provided by the Provider. By subscribing to the service the User can win Prizes. To enter the Quiz, answer the question stated on the website correctly and confirm your participation by entering the Pin which you receive on you mobile on the website. Your entry must be received within the Contest Period. Entries will be rejected if entry is not fully completed and submitted during the Contest Period.
The user enters by answering a question correctly, each correct answer represents 1 ballot. As such, more correct answers means more chances of winning. After the closing of each round an eligible entrant will be selected based on the fastest reply of the correct answer. The entrant selected will be eligible to win the prize. The odds of winning depend on the number of eligible entries received during that Round. A new rounds starts at the first day of the month and ends the last day of the month at 12:00p.m.
4. If you enter the Pin message received on you mobile on the website you enter the quiz subscription service. The quiz for the Grand Prize you play for (max value of €600) consists of monthly rounds. A monthly round consists of 1 question a week, played on the WAP portal.
5. Products: the products, supplied and to be supplied by the Provider either or not in connection with the Services;
6. Website: the website(s) of the Provider, in connection with the Services and/or the Products;
7. Advertising: advertisements published and commercials broadcasted by or on behalf of the Provider for the Services and/or Products;
8. Costs: the Costs, due by the User for the Services and/or the Products;
9. Prizes: the prizes that can be won by making use of the Services; Winners will be contacted via a phone call to their mobile telephone number within 48 hours after the winning the prize. If the winner does not answer their phone after two attempts, the prize will be allocated to the participant in second place.
10. Confidential Information: all information relating to the Provider's Services and Products, its customers, operations, processes, plans, product information, know-how, trade secrets and business affairs obtained by You, in anyway whatsoever;
11. Intellectual Property Rights: any and all intellectual property rights, such as, but not limited to, copyrights, trademark rights, trade name rights, patent rights, design rights, whether registered or not, database rights, trade secrets, and any and all renewals and extensions thereof;
12. Operator: the company that provides the telecommunication network;
13. Terms and Conditions: these terms and conditions;
3. Minimum age
In order to make use of the Services, such as playing a Quiz, You must be at least 18 years of age or, in the event the required minimum age is younger than 18, the required minimum age of the country where You make use of the Services. Furthermore, any participant and subsequently winner must be able to provide a valid address in Ireland.
4. Own risk and compliance
The use of the Services is at your own risk. You shall comply with all national and international applicable regulations. Furthermore you shall comply with the instructions, given by the Provider or the Operator.
5. Term and termination
The provision of the Services starts immediately after the Provider has received a message from You, applying for the Services and last until You request to stop the provision of the Services, by texting the word stop to 87066 or an e-mail in which You request for cancellation or by calling the helpline: 03330035964. The Services will be cancelled within 24 hours on business days, otherwise on Monday after the weekend or the first business day after a national holiday.
6. Costs
1. For the Services and Products, You are due the Costs as mentioned in the Advertisements for the specific Services and Products and on the Websites for the specific Services and Products. The cost of receiving a message with the WAP link from Spot4Fun are €2.00.
2. After You have applied for the Services via SMS, the Provider will send You a free information message, in which message the following information will be provided:
- the Costs of the Services;
- an explanation how the cancel the Services;
- information about the helpline; and
- the website where you can find information as to the Services.
3. If You apply for the Services via WEB, the Provider will provide You with all information on the website. If you enter the pin which You receive on your mobile on the website you complete sign-up and agree to the terms stated on this website. The following information will be provided:
- the Costs of the Services;
- an explanation how the cancel the Services;
- information about the helpline; and
- the website where you can find information as to the Services.
4. Except for the obligations, as set forth in these Terms and Conditions and other applicable agreements and regulations, You have no obligations, such as the obligation to purchase goods.
5. The Costs due, are in addition to the costs, charged by Your Operator for (amongst others) the SMS services. Separate wireless provider text message/WAP/GPRS/UMTS fees may apply. Any taxes, if applicable, will be born by the winner of the Prize.
7. Prizes
1. Prizes will be delivered within 60 working days after the day the specific Prize is won. Prizes are not interchangeable for money. The awarding of the winner of the Prizes is final and not subject to any correspondence.
2. Prizes are subject to change. No rights can be derived from the values, mentioned by the Provider in connection with the Prizes. Prizes as well as the terms for delivery, can be subject to changes. Employees of the Provider and the Operator are excluded from the Services.
3. Monetary prizes or other payments will only be made by money transfer. In order to be able to deliver the Prizes or to transfer monetary Prizes or to make other payments, You are required to provide the Provider with Your address and bank details.
4. Examples of prizes can be; iPhone 6s 16GB, Apple watch 38mm, iPad Air 2 or £500 Gift voucher, etc.
5. One prize is given away each month. Every month a user has the chance to compete for the monthly prize. A user can win a maximum of one prize per month or at a time.
8. Liability
1. By making use of the Services with your mobile phone, you are liable for the Costs due, even if it is not You who made use of your mobile phone.
2. Services are rendered and the Products are supplied as is. The Provider does not give any guarantee as to the Services and Products. For questions and complaints as to the Products, You must approach the manufacturer.
3. The Provider is not liable for any indirect or consequential loss (including any loss of profits, revenue, anticipated savings, goodwill, data, contracts or any loss or damage suffered as a result of any claims brought by a third party) which may arise out or in connection with the use of the Services or the Products. Furthermore, the Provider is not liable for any typing, printing or transmission errors.
4. Without limitation to any other provision in these Terms and Conditions, the maximum aggregate liability of the Provider under or in connection with the Services and the Products (whether in contract, tort or howsoever arising) shall never exceed the Costs paid by You to the Provider in the 30 days prior to the cause of the action arising.
5. In the event and to the extent the afore mentioned exclusion and/or limitation of liability is not permitted by the applicable laws, the liability of the Provider will be limited to the extent permitted by law.
6. Each provision in these Terms and Conditions limiting or excluding liability, operates separately and shall survive independently of the other provisions.
9. Indemnification
You indemnify and hold the Provider, its contracting partners, licensors, licensees and employees, harmless from any loss, liability, claim or demand, including attorney fees, initiated or made by third parties in connection with the Services, the Products and/or the breach by You of Your representations and warranties set forth in these Terms and Conditions or other agreements, entered into between You and the Provider.
10. Change and termination of the Services
The Provider can, at its sole discretion, decide to change the content of the Services. Furthermore, the Provider may terminate the provision of the Services and the supply of the Products, in the event the Provider is of the opinion that You do not act in accordance with the Terms and Conditions, any other agreement, entered into between You and the Provider, applicable laws and regulations or in the event the Provider is of the opinion that you act in such manner that the Provider might suffer damage.
11. Statutory withdrawal
In the event You make use of the right to withdraw within a certain prescribed period of time after You applied for the Services, this right will be lapsed as of the moment you make use of the Services and Costs are due.
12. Notices
Notices by the Provider will be posted on the Website. We therefore ask You to look on a regular basis on the Website of the Provider.
13. Intellectual Property Rights
You acknowledge the Intellectual Property Rights of the Provider, its contracting partners and licensors and You shall not use, without the prior written consents, (parts of) these Intellectual Property Rights.
14. Privacy Policy
The Provider respects Your privacy. We see to it that Your personal information is always handled with care. Any data collected will be, under the Data Protection Act 1988, controlled by the Provider. Also the Provider reserves the right to send free of charge marketing messages for TMG or third party promotions purposes to customers who become subscribers.
15. Changes Terms and Conditions
These Terms and Conditions and all other agreements, entered into between You and the Provider, may be amended from time to time by the Provider. The applicability of amendments as to the Services and the Products, have effect as of the moment such amendments are posted by the Provider on its Website. We therefore advise You to look on a regular basis on the Website of the Provider.
16. Confidential Information
You shall keep secret and treat as confidential at any time all Confidential Information of the Provider, its contracting partners and licensors.
17. Change, Suspension and cancellation
From time to time, the Provider may suspend the Services for (amongst others) maintenance and upgrades, In the event of (the threat of) abuse and failures, the Provider may, at its own discretion, suspend or cancel the Services. Of such suspension or cancellation, the Provider will inform You via its Website.
18. Applicable law and regulations
The Terms and Conditions and possible other agreements, entered into between You and the Provider, shall be subject exclusively to the Irish law and organized in accordance with the Code of Practice of ComReg in Ireland, The Consumer Information Act.1978 and other applicable regulations.
19. Acceptance of this policy means the Provider:
- may use the information or a combination of it to execute the agreement between you and Provider, and to allow you the best possible use of the Provider's website;
- may re-use the information communicated by you on the site or via SMS;
- can inform you about offers, discounts, new developments and additional services offered by the Provider;
- may process the information in connection with the formation or maintenance of a direct relationship between the Provider and/or enterprises selected by it and you for the purpose of recruitment for commercial or charity. The Provider may anonymize that information and use it or offer it to third parties in anonymous form.
