Quiz 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.**
**Due to the closure of EuroTeleMillions.com service we are no
longer able to offer users originally subscribing through the Daily Million
draw the free £1 million pound prize offering. Any questions please contact
Customer Services: 0845 862 1460**
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 Quiz 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 Quiz Club and Cash 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 QUIZ 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 |
|
Historical |
2 |
£1.50 |
£3.00 |
|
Historical |
1 |
£1.50 |
£1.50 |
|
Historical |
3 |
£1.50 |
£4.50 |
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 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 81177/84459. 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 Quiz 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 Quiz 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 Quiz 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
Quiz 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
(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 Quiz 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: Quiz 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