Beat the Brain Mobile
Subscription Quiz - Terms & Conditions
**Service Update- Please note that
as of the 15th October 2010 the Lucky Numbers Cash Draw format will
change. The jackpot will stay at £25,000 but the way the winner is determined
will change to the following format:
On answering the
skill based question correctly you will be presented with 5 randomly generated unique
numbers from a field of 90. When the draw is played out (This takes place
between 17:00-18:00 (5pm-6pm) every Friday) five ‘Lucky Numbers’ are then drawn
to create one winner of the jackpot prize for matching the first five numbers
drawn of a £25,000.
However, if no
person playing matches all five numbers with the first five drawn the game
continues to draw numbers until a player (or players) matches all of their five
numbers. The prize won for matching the five numbers in this way is £250 cash. The
game continues to play out until a further two winners have been found each
winning a cash prize of £25.
For your
information the prize amounts are based on ticket sales for previous draws but
come from promotional funds, not player contributions, i.e.: they are funded
from company profits.
Only one player is
eligible to claim the jackpot prize for matching five numbers simultaneously
within five numbers being drawn i.e. the prize amount is not shared. However,
should two or more players match five numbers simultaneously after the first
five numbers have been drawn, the prize amount is shared equally between them.
**Service Update-
Please note that as of 6th May 2010 winners will have
a maximum of 7 days from first point of being notified that they are a winner
to claim their prize. If contact with a winner has not been possible after
repeated attempts within 28 days of the draw then all prizes are null and
void.**
**Service Update:
For all customers joining the service post 18th October 2010, in the
event that the “Lucky Numbers Cash Draw” £25,000 jackpot is won the
prize will be paid out in equal instalments over a 12 month period. The Jackpot
amount will bare no interest over this period.
For legacy users this change will come in to
affect on the 26th November 2010**
This is a subscription service.
All users answering the quiz question
correctly will be sent 5 Lucky Numbers to their mobile and be eligible to play
in the “Lucky Numbers Cash Draw” on Fridays. The winner(s) of the draw will be
the first to match their 5 unique ticket numbers with the balls drawn randomly
by our game systems.
If you decide to play, you are subject to
the following terms and conditions:
1 INTRODUCTION
1.1 These terms
and conditions govern your, the Player's (the "Player" or
"You") use of the Quiz (the "Quiz") available at www.mobtcs.co.uk (the "Website") and your
relationship with Touch Mobile Ltd ("Touch"), who provide the Quiz.
1.2 Please read them carefully as they affect your rights and liabilities under
the law. If you do not agree to these terms and conditions, you will not be
able to subscribe to, or use, the Quiz. If you have any questions about these
terms and conditions, please contact help@touch-mobile.co.uk
1.3 Beat the Brain and the “Lucky Numbers Cash Draw” are produced by Touch
Mobile Ltd of The Storey Centre,
Meeting House Lane,
Lancaster,
LA1 1TH.
For clarity, the “Lucky Numbers Cash Draw” is promoted under the names of
Beat the Brain, Cash Friday and Lucky Numbers.
1.4 Employees of
Touch Mobile Limited and its associated companies, their families and anyone
connected with this incentive scheme, or those ineligible to enter under other
clauses in these terms, may not participate in this Quiz.
1.5 By playing
the Quiz available you agree to be bound by these terms and conditions.
2 CHANGES TO THESE TERMS AND CONDITIONS
2.1 Touch reserves
the right to amend these terms and conditions. It remains the Player's
responsibility to periodically check the terms and conditions to ensure that
they continue to agree with them and Players are advised to check these terms
and conditions each time they use the service. Any draw entries received prior
to the time of amendment and notification of amended terms and conditions will
be subject to the pre-existing terms and conditions.
3 BEAT THE BRAIN GAME RULES
3.1 Contestants will be sent billed messages
to their mobile each week in accordance the chart below, determined by the
advertising promotion that they responded to: -
|
Promotional
Campaign |
Amount of
billed messages per week |
Cost per
billed message |
Overall
subscription cost per week |
|
Television
Advertisement |
1 |
£1.50 |
£1.50 |
Upon first entry
to the service a joining fee equal to the weekly subscription fee applies,
billed immediately. However, for this fee you will also receive your
first week’s entry free for that Friday’s draw.
Where credit is
not available to honour the charges, such as with Pay-As-You-Go mobile users,
the quiz question will not be delivered to the phone at that time; however, in
accordance with PhonePayPlus standards, the mobile
aggregator will make repeated attempts to deliver the message to the user’s
handset over a pre-determined period of time. Contestants must understand
that this situation may result in the quiz question being delivered too late
for entry in that week’s cash draw.
3.2 Contestants
can unsubscribe at anytime by sending the word “STOP” to 65558. Sending “STOP”
means contestants will not receive the weekly question and will not be charged
unless there are messages queued still to be delivered to the user’s handset.
Once unsubscribed, contestants will not be eligible to play for the cash prize
on that Friday’s “Lucky Numbers Cash Draw”.
3.3 Contestants who answer the weekly question correctly by 17:00 (5pm) on the
Friday of each draw will be sent their Lucky Numbers straight to their mobile
making them eligible for the “Lucky Numbers Cash Draw”.
3.4 The “Lucky
Numbers Cash Draw” is run automatically at 17:00 (5pm) each Friday and involves
the random drawing of numbers from a field of 1-90. As each number is
drawn it is checked against all sets of 5 numbers allocated to each contestant
for a match. The numbers continue to be drawn until one or more
contestant(s) matches their 5 ticket numbers with the numbers draw.
3.5 For clarity,
the prize values are £25,000 x 1, £250 x 1, £25 x 2, making a total prize pool
of £25,300. Touch reserves the right to make changes to the prize structure at
any point ensuring users are notified of the change.
3.6 On answering the skill based question correctly you will be
presented with 5 randomly generated unique numbers from a field of 90. When the
draw is played out (This takes place between 17:00-18:00 (5pm-6pm) every
Friday) five ‘Lucky Numbers’ are then drawn to create one winner of the jackpot
prize for matching the first five numbers drawn of a £25,000.
However, if no person playing matches all five numbers with the first five drawn the game continues to draw numbers until a player (or players) matches all of their five numbers. The prize won for matching the five numbers in this way is £250 cash. The game continues to play out until a further two winners have been found each winning a cash prize of £25.
For your information the prize amounts are based on ticket sales for previous draws but come from promotional funds, not player contributions, i.e.: they are funded from company profits.
Only one player is eligible to claim the jackpot prize for matching five numbers simultaneously within five numbers being drawn i.e. the prize amount is not shared. However, should two or more players match five numbers simultaneously after the first five numbers have been drawn, the prize amount is shared equally between them.
3.7 The
following week’s game will open at 18:00 (6pm) every Friday.
3.8 To be
eligible to claim any share of any prize available by participating in this
scheme, each contestant must have replied to the question sent to their mobile
phone during the week prior to any prize draw associated with it.
3.9 £25,300 is the total cash fund for the game. Individual contestants can win up to £25,000 if they are the first person to have their 5 ticket numbers drawn by the game systems and they’re also the first 5 numbers drawn by the system.
3.10 Beat the
Brain cash prizes must be claimed within 7 days of winning. Winners will be
contacted via the Mobile number used to enter the quiz service.
3.11 Contestants understand that Touch Mobile Limited may, from time to time
ask the Contestant to participate in marketing and promotion by the use of the
Contestant’s name and likeness. Contestants may consent or refuse such requests
at their discretion.
3.12 From time to time you may receive information and offers from Touch Mobile
Limited or its associated companies. If you do not wish to receive such
information please write to the Beat the Brain Marketing Department, Touch
Mobile Ltd, The Storey Centre,
Meeting House Lane,
Lancaster,
LA1 1TH
or text “NO INFO” to 65558.
3.13 Touch Mobile Limited reserves the right to withhold prizes at its
discretion.
4 PLAYER REPRESENTATIONS
4.1 The Player
is over the age of 16 and has the mental capacity to take responsibility for
their own actions. Touch reserves the right to void any transactions involving
minors.
4.2 The Player
warrants that they will not attempt to hack, make unauthorised alterations to
or introduce any kind of malicious code to the Mobile Service or Website. As
such, the Player will not, without limitation, (a) reverse engineer or
decompile (in whole or in part) any software available through the Website; or
(b) make copies, modify, reproduce, transmit, alter or distribute all or any
part of the Website or any material or information contained on it.
4.3 The Player acknowledges that Touch Mobile (or our licensors) are the sole owner of all rights to the technology,
software, business systems and content utilised in the beatthebrain.com website
and mobile game and the Player's use of the website confers no rights
whatsoever to intellectual property contained or utilised therein. Copying, use
or publication by the Player of any item or material displayed on the website
is strictly prohibited (other than to the extent necessary for the Player to
visit the Website). The Player is offered access to the beatthebrain.com
Website solely for the Player's own personal, non-commercial use. The Player
must not link the beatthebrain.com Website to any other website without Touch's
prior written approval.
4.4 These terms and conditions contain the entire agreement between the Player and Touch relating to the Quiz. The Player confirms
that, in agreeing to accept these terms and conditions, they have not relied on
any representation save insofar as the same has expressly been made a
representation in these terms and conditions. The Player agrees that they shall
have no remedy in respect of any misrepresentation that has not become a term
of these terms and conditions save that their agreement shall not apply in
respect of any fraudulent or negligent misrepresentation whether or not such
term has become a term of these terms and conditions.
5 NO WARRANTY
5.1 Touch will endeavour
to provide the Quiz using its reasonable skill and care. Save where required by
law, Touch makes no warranty or representation, whether express or implied, in
relation to the Quiz.
5.2 Touch makes no warranty that the Quiz will meet the Player's requirements
or will be uninterrupted, timely, secure or error-free, that defects will be
corrected, or that the Quiz or the server that makes it available are free of
viruses or bugs, nor do Touch make any warranty as to the full functionality,
accuracy, reliability of the materials supplied by Touch or results of the Quiz
or the accuracy of any information obtained by the Player through the Quiz.
6 NETPLAY CONDUCT AND LIMITATION OF
LIABILITY
6.1 Touch
reserves the right to withdraw the Quiz or elements of the Quiz at any time,
and will not be liable to the Player as a result of any such action.
6.2 Touch will not be held responsible for any typing, technical, or human
error in the operation of the Quiz. In the event of error, Touch reserves the
right to either void any affected entries or to correct the error.
6.3 We may notify the Player of changes to, or of important matters relevant
to, the Quiz, by text message. Such notices will be deemed effective if
transmitted to the mobile phone provided to us.
6.4 Touch will under no circumstances be held liable for any damages or losses
of an indirect nature that are deemed or alleged to have resulted from or been
caused by the Quiz, the Website or its content including, without limitation,
delays or interruptions in operation or transmission, communication line
failure, any persons use or misuse of the Website or its content, any errors or
omissions in content, damage for loss of business, loss of profits, business
interruption, loss of business information, or any other pecuniary or
consequential loss.
6.5 Touch will not be responsible for any breach of these terms and conditions
caused by circumstances beyond its reasonable control.
6.6 Touch does not exclude or limit liability for death or personal injury
caused by negligence or for fraud.
6.7 Touch reserves the right to withdraw the Website, the Quiz or elements of
either at any time, and save for any rights that the Player may have over
prizes won, will not be liable to the Player as a result of any such action.
7 FRAUDULENT AND ILLEGAL USE OF THE
WEBSITE OR THE QUIZ
7.1 If Touch has
reason to believe that the Player's dealings with Touch constitutes an illegal
or fraudulent activity and to the extent permitted by law, Touch shall not be
liable to that Player for any funds, nor shall it incur any liability to any
Player where it is required to give information or documentation relating to
that Player to any relevant regulatory authority.
8 TRANSFER
8.1 The Player
may not transfer any of their rights under these terms and conditions to any
other person. Touch may transfer its rights under these terms and conditions to
another business where it reasonably believes that its rights will not be
affected.
9 THIRD PARTY RIGHTS
9.1 Except
insofar as these terms and conditions expressly provide that a third party may
in their own right enforce a term of these terms and conditions, a person who
is not a party to these terms and conditions has no right under local law or
statute to rely upon or enforce any term of this agreement.
10 PRIVACY POLICY
10.1. To generally use the Service(s) and
when You use the Service(s) to make a complaint, query
or otherwise contact Us, You will be asked to provide information about
Yourself. User Information will only be used for the purposes as set out in
this Privacy Policy. We comply with all appropriate laws and regulations
related to personal data including the Data Protection Act 1998. We, or Our
authorized third parties, may also collect information about Your
mobile phone. This is statistical data and does not identify You
as an individual.
10.2. By providing Your Information, You
accept that We may use and retain Your Information for
the purposes of processing Your entries into games, providing, maintaining,
enhancing and personalizing the Service(s) and monitoring and analyzing how
Users use the Service(s) and Website.
10.3. We will not sell or rent Your email address or any of Your personal
information. We will, however, share Your
information in the following ways: -
To provide the Service(s): We may from time
to time use third parties to manage the Website or the Service(s) (or parts of
the same), facilitate Our business, manage communications with You or otherwise
provide services to Us in connection with the Website or the Service(s).
Where these third parties process information on Our
or Your behalf, We require those third parties to use User information only in
accordance with Our instructions.
Aggregated anonymous data: We reserve the
right to perform statistical analyses of User’s behavior and characteristics in
order to measure interest in, and use of, the Service(s). We may provide Our analyses to prospective partners, investors, advertisers
and other third parties. We may also share statistical and demographic
information about Our Users and their use of the Website and the Service(s)
with suppliers of advertisements and programming. We will provide only
aggregated anonymised data from these analyses to
third parties and this will not include anything that could be used to identify
You or to discover individual information about
You. We may also disclose and otherwise use de-identified information
about Users.
Investigations: We will share
personal information if we have a good faith belief that (i)
access, use, preservation or disclosure of such information is reasonably
necessary to satisfy any applicable law, regulation, legal process anywhere in
the world, such as a court order or subpoena, or a request by law enforcement,
regulatory, supervisory or governmental authorities, (ii) such action is
appropriate to enforce this Agreement, including any investigation of potential
violations of the Agreement, (iii) such action is necessary to detect, prevent,
or otherwise address illegal activities, fraud, security or technical issues,
or (iv) such action is appropriate to protect the rights, property or safety of
Us, Our employees, users of the Service(s) or others. For legal reasons, We are not obliged to inform You of the same, nor to give
any reasons for doing so.
Business
transfer: If we become involved in a merger, acquisition or other transaction
involving the sale of some or all of Our business
including without limitation Our assets or voting securities, User Information,
including personal information collected from You, may be included in the
transferred assets or securities. If this occurs, Your
personal information would remain subject to this Privacy Policy.
10.4. We may use Your User Information in
order to send You service information about the
Service(s) (including by mail, phone, email, other electronic messaging
services such as text or automated calling systems, or fax).
10.5. We may use Your User information in
order to send You marketing information about Our
products and services (including by mail, phone, email, other electronic
messaging services such as text or automated calling systems, or fax). We
may also contact You with information about Our
products and services including special offers and rewards. Your
information WILL NOT be passed on to other third
parties for marketing purposes without Your consent.
10.6. We may pass your User Information to PhonepayPlus, the phone-paid services regulator, for regulatory purposes.
11 SETTLEMENT
OF DISPUTES
11.1 If the
Participant has any dispute with regard to any outcome in the Service(s) or any
other activity, the Participant should submit their complaint to Touch in
writing within fourteen (14) days of the incident by
email to help@touch-mobile.co.uk or by post to Beat The
Brain, Touch Mobile Limited, The Storey Centre,
Meeting House Lane,
Lancaster,
LA1 1TH.
Touch make a commitment
to respond to all complaints within twenty-one (21) days of receipt of the
complaint at their offices.
12 NOTICES
12.1 The
Participant may submit notices to Touch in writing at: Beat The
Brain, Touch Mobile Limited, The Storey Centre,
Meeting House Lane,
Lancaster,
LA1 1TH.
Any notice Touch gives to the Participant (save as
otherwise set out herein) will be sent by text message to the mobile phone
number that the Participant provided when the Participant first used the
Service(s).
13 GENERAL
13.1 If any part
of these terms and conditions shall be deemed unlawful, void or for any reason
unenforceable, then that provision shall be deemed to be severable from these
terms and conditions and shall not affect the validity and enforceability of
any of the remaining provisions of these terms and conditions.
13.2 No waiver
by Touch of any of these terms and conditions shall be construed as a waiver of
any preceding or succeeding breach of any of these terms and conditions.
13.3 Nothing in
these terms and conditions shall be construed as creating any agency,
partnership or any other form of joint enterprise between the Participant and Touch.
13.4 The
Participant confirms that they have read, understood and accept the Touch
Privacy Policy contained in these terms as clause 10.
13.5 The Service(s)
is subject to the laws of England and any dispute arising out of or relating to
the Service(s) shall be governed by the laws of England.
13.6 This mobile Service(s) is provided by Touch Mobile Limited, The Storey Centre, Meeting House Lane, Lancaster, LA1 1TH. For Customer Services please call 0845 862 1460