Cash Club Mobile Subscription Quiz - Terms & Conditions

 

**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.**

 

This is a subscription service.

 

All users answering the weekly quiz question correctly will be entered into a prize draw to win £1,000. Winners are selected at random and Touch Mobile’s decision (the Judges) is final.

 

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 Cash Club and the “Cash Club Draw” are produced by Touch Mobile Ltd of The Storey Centre, Meeting House Lane, Lancaster, LA1 1TH. For clarity, the “Cash Club Draw” is promoted under the names of Cash Club and Quiz Club.

 

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 CASH CLUB 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

All Current Advertisements

2

£1.50

£3.00

 

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 Thursday’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 Club Draw”.

 

3.2 Contestants can unsubscribe at anytime by sending the word “STOP” to 81177. 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 Thursday’s “Cash Club Draw”.


3.3 Contestants who answer the weekly question correctly by 16:45 (4.45pm) on the Thursday of each draw will be entered into the “Cash Club Draw” to win £1,000.  A prize winner will be selected at random from all correct entries.

 

3.4 £1,000 is the total weekly prize fund for the game.  Touch reserves the right to make changes to the prize structure at any point ensuring users are notified of the change.


3.5 The Cash Club mobile quiz will be closed between 16:45 (4.45pm) and 17:00 (5pm) in order for the draw process to take place.  Players entering the quiz between these times will be entered into the following week’s game.

 

3.6 The following week’s game will open at 17:00 (5pm) every Thursday.

 

3.7 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.

 

3.8 Cash Club cash prizes must be claimed within 7 days of winning. Winners will be contacted via the Mobile number used to enter the quiz service. All Cash Club cash prizes will be despatched as a written cheque within 10 working days of the user claiming the prize.

 

3.9 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.


3.10 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 Cash Club Marketing Department, Touch Mobile Limited, The Storey Centre, Meeting House Lane, Lancaster, LA1 1TH or text “NO INFO” to 81177.


3.11 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 TV (or our licensors) are the sole owner of all rights to the technology, software, business systems and content utilised in the www.mobtcs.co.uk  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 www.mobtcs.co.uk Website solely for the Player's own personal, non-commercial use. The Player must not link the www.mobtcs.co.uk  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 TOUCH 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. In addition, Touch cannot be held responsible for any lost or delayed text messages due to external network problems.


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 Cash Club, Touch Mobile Ltd, 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: Cash Club, Touch Mobile Ltd, 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