ULTIMATE FAN – TERMS AND CONDITIONS OF PLAY
Date of last amendment: 8 June 2021, v1.1
1. WHO WE ARE
1.1 Ultimate Fan is a mobile application (the “Platform”) which gives users the opportunity to open packs, collect players, build a fantasy team and enter prize pools where the highest scoring fantasy teams win prizes. In these terms the prize pools, together with any (i) random prize draws; or (ii) giveaways operated, are referred to as the “Games”.
1.2 The Platform is operated by Low 6 Limited which is a private limited company incorporated in England and Wales under number 10799636 with its registered office address located at 1 Cranmore Drive, Shirley, Solihull, England, B90 4RZ (“we” / “us” / “our”).
1.2.1 For the avoidance of doubt, while the Platform is made available to download on the Apple App Store and the Google Play Store, neither Apple or Google are in any way involved with the Platform.
1.2.2 Similarly, the Platform may feature the logo and a link to our sponsors from time to time, but such partners are not in any way involved with the Platform.
2. THESE TERMS
2.1 These terms and conditions of play (“Player Terms”) govern your relationship with us and any activity on the Platform. In particular, we wish to draw your attention to paragraphs 6.7 to 6.9 which set out what happens in the event of a technical / human error or malfunction, and paragraph 12.4.1 which limits our liability in this regard.
2.2 Your attention is also drawn to:
2.2.1 the Game Rules [available here]; and
2.2.2 the Subscription Terms [see section immediately below section 23]; and
2.2.4 the General Prize Draw Terms [available here]; and
2.2.5 the General Giveaway Terms [see foot of this page].
which also form part of these Player Terms.
2.3 For legal purposes, these Player Terms outline the legal ‘contract’ that applies between you and us when you join and access the Platform.
2.4 It is important that you read these Player Terms fully as when you open an account with us (“Account”) and access the Platform you confirm that you agree to be bound by these Player Terms. If you do not wish to accept these Player Terms then please navigate away from the Platform and do not complete your registration or further use the Platform, as we will consider any such actions as your unqualified acceptance of these Player Terms. If you have any questions about these Player Terms please contact us using the contact details on the Platform.
2.5 We may change the Player Terms (including those listed in paragraph 2.2 above) from time to time. If we deem any such change to be material in nature, we will take reasonable steps to bring the change to your attention by either email or a notification on the Platform. If you do not accept the revised terms, you will not be allowed to continue using the Platform, but will be allowed to withdraw any cash balance in your Account subject to the remaining provisions of these Player Terms.
2.6 You agree that it is ultimately your responsibility to check the terms that apply to you. You also agree that any login to or usage of the Platform by you following any change to the Player Terms (other than to request a full withdrawal of your Account cash balance, only) will amount to your unqualified acceptance of the changes.
2.7 Your Account (username and password) can be used to access a number of other mobile applications and websites operated by us (“Other Platform(s)”), some of which may contain gambling products. Your attention is drawn to the fact that different terms may apply in respect of your activity on any Other Platform. Such terms will be available via a link at the foot of the page on the Other Platform. By accessing any Other Platform using the Account you registered on this Platform, you unequivocally agree to any alternative terms (as displayed from time to time) that may apply to the Other Platform you are accessing. If you do not wish to accept the terms on the Other Platform(s) then you should navigate from the Other Platform(s) and not use your Account to access them.
3. WHO CAN JOIN US
3.1 Subject to the below provisions on age, location and relation to us, only individuals engaging in recreational play are permitted to register an Account with us and access our Platform (and not e.g. companies, institutions, or ‘syndicates’) unless we consent in writing.
3.2 All applications to register an Account with us are subject to our permission at all times and may be refused or withdrawn at any time. We shall not be obliged to give reasons for any refusal of registration nor for any suspension, or cancellation of, your Account.
3.3 We reserve the right at any time and for whatever reason, to suspend or close your Account, restrict your access to our Platform, block transactions and / or withhold winnings if you are found to be (or if we reasonably suspect you are) in breach of the warranties given in this section.
Your Age and Identity
3.4 You must be at least 18 years of age to register an Account with us, access the Platform or play any of the Games. You confirm / warrant that you will not seek to register an Account with us if you are a minor.
3.5 We will undertake an age and identity verification process immediately upon registration using the details we obtain from you. The purpose of this check is to verify your age and ensure that Games on the Platform are as fair as possible by preventing duplicate / fraudulent registrations.
3.6 If your age and identity cannot be verified at the point of the check, your Account will be frozen. For the Account to be re-activated, you will need to comply with any requests for information and / or documentation made by us.
3.7 In order to register an Account with us and access the Platform, you must be resident and located in the United Kingdom.
3.8 You agree that the mere availability of the Platform in any other territory does not constitute an invitation by us for you to access and/or use the Platform in such territory.
3.9 You further agree that we are not responsible for any action which may arise from you holding an Account and / or accessing the Platform from any other territory.
3.10 You agree and confirm that you will not employ methods, devices or technology (including, but not limited to, using a proxy, VPN or other technique that disguises your IP) to give a false or misleading impression of your physical / device location when accessing our Platform nor select a location that does not correspond with your actual location for the purposes of registering an Account or accessing our Platform.
Your Relation To Us
3.11 Our officers, directors, employees, consultants and/or agents, and/or any member of their households, are not permitted, either directly or indirectly, to enter any Games on our Platform at any time during their engagement, except where strictly necessary for the purposes of their engagement with us for test purposes only (and in which case are not eligible to claim any prizes or withdraw any funds).
3.12 Additionally, our suppliers and partners (and their officers, directors, employees, consultants and/or agents), who provide products or services which are directly linked to the operation of any Games on our Platform, are not permitted to enter any Games on our Platform at any time during their engagement with us. We shall have sole discretion to determine if you are permitted to enter Games on our Platform and therefore, in the event of uncertainty, we encourage you to check with our Customer Service team prior to registering if you are permitted to enter Games on our Platform.
3.13 All prize winners may be subject to additional integrity checks to ensure that the winner was eligible to participate.
4. OPENING AND CLOSING YOUR ACCOUNT
Application and Registration
4.1 To access Games on the Platform, you need an Account. You can register by providing the relevant details on the registration page but please note that you only need one account for the Platform and Other Platforms so if you have already joined a Other Platform you need not sign up again – just log in!
4.2 Your registration is your application to join us. We may refuse that application (or revoke any later registration, if required) at our discretion and shall not be obliged to give our reasons for doing so.
4.3 You warrant that the details you supply us upon registration are:
4.3.1 100% correct and up-to-date; and
4.3.2 in no way false, inaccurate or misleading; and
4.3.3 remain so for the duration of any membership extended to you.
4.4 You agree that you will keep these details current, correct and up-to-date
4.5 Only one Account is permitted per individual. When opening an Account you warrant that you do not already hold an Account with us nor have you previously had an Account closed by us, including on any Other Platform.
4.6 We reserve the right to close any accounts that we identify are opened in breach of these Player Terms and to void any Game entries you have made using those accounts.
4.7 You agree that you will only open an Account on your own behalf acting as principal and not as an agent for any third party.
4.8 When you register an Account with us, you will be invited to set-up a username and password. You agree that:
4.8.1 we can, at our discretion, include your username in a leaderboard for any Games you enter and that we can publish this leaderboard both on the Platform, our Other Platforms, our social media channels and permit our partners to do the same;
4.8.2 you will not choose a username which incorporates personally identifiable information (i.e. your name or a unique nickname) if you do not want your Account to be personally identifiable on our leaderboards;
4.8.3 you will not choose a username which is of offensive or unacceptable description / nature and if you do then we (in our sole discretion) can suspend or close your Account;
4.8.4 it is and remains your responsibility to keep your own Account login details safe, secure and up-to-date and not to share, or make them known to anyone else (whether directly or through inadvertence on your part, and including e.g. any “pre-filled” or “stored” logins on any personal device); and
4.8.5 it is and remains your responsibility to ensure the security of any device used to access your Account and our Platform (including both “good practice” measures such as locking your screens and employing appropriate access controls and anti-virus protections).
4.9 You further agree that we cannot and will not be held responsible, nor legally liable, for any unauthorised (or authorised) use of your Account login, device, or payment details where we are not ourselves clearly at fault.
4.11 It is and remains prohibited for any players to sell, transfer, and/or acquire Accounts from other players. We may close any Accounts, cancel any Game entries and void any necessary transactions or withdrawals where we know or reasonably suspect that you have done so.
4.12 You have the right to close your Account at any time. To close your Account, you should contact our Customer Service team using the contact details on the Platform.
4.13 We may also close your Account without a request from you at our sole discretion, which is most likely but not exclusively exercised when you are in breach of these Player Terms.
4.14 When your Account is closed, subject to any other applicable terms (for example, those on verification and money laundering), you will be sent the sum of the ‘cash’ balance, if any, held in your Account by a method of payment reasonably determined by us. Your ‘promo balance’, if any, will automatically expire upon account closure.
5. DEPOSITS AND WITHDRAWALS
5.1 Although payment is not required to enter the Games on the Platform, you can use your Account to enter Games which require a payment to enter (both gambling and non-gambling) on Other Platforms. You can therefore make real money deposits to your Account on the Platform even though the funds cannot be used on the Platform. If you take out a subscription on the Platform (independent from the Games) this must be paid via Apple App or Google Play store and you cannot use money deposited to your Account – see immediately below these Player Terms for the Subscription Terms.
5.2 A real money deposit may be made via the Wallet when logged in using paying methods in your name only (i.e. you cannot use someone else’s debit card). The methods available for deposit and withdrawal of funds can be found within the Wallet when logged in. We currently do not accept credit card as a payment method.
5.3 We accept deposits in GBP only. You accept any and all exchange risk, costs and/or charges in converting currency and/or your own deposits to GBP for the purposes of deposit, play and/or withdrawal.
5.4 The minimum amount you can fund your Account with on each deposit is £5.00.
5.5 In most cases, your bank will enable you to make a real money deposit to your Account free of charge. However, in the event that your bank (or other payment source) charges you to deposit then you agree that it is your responsibility to settle such charges.
5.6 You agree that you will not “chargeback” any funds deposited to your Account. You agree that any such chargeback will be in breach of these Player Terms, and that in the event of a chargeback we will be entitled to close your Account and charge you for any costs incurred by us in relation to the chargeback which you agree to pay.
5.7 You agree and understand that it is unlawful to deposit funds acquired or received by unlawful, illegal or ill-gotten methods, or to deposit or seek to launder funds which are acquired from others as the proceeds of criminal activity (including for the avoidance of doubt stolen or laundered funds) and you agree and confirm that you shall not do so.
5.8 All deposits, play, withdrawals and/or account transactions are monitored to prevent money laundering and terrorist financing. Suspicious transactions (and your account / play details and any other information we consider pertinent) may be reported to legal, regulatory and law enforcement authorities at any time in order to comply with our legal and regulatory obligations in that regard.
5.9 You agree and confirm that our Platform and Wallet facility is made available for the purposes of play only. Therefore any deposits made to your Account do not attract interest of any kind under any circumstances. You also agree that you will use funds deposited to your Account solely for purposes of entering Games on Other Platforms and not in a manner equivalent to or alike a financial institution’s bank account nor as any other general repository of funds.
5.10 We utilise recognised (and authorised) payment services providers to process our player deposits and withdrawals. Deposits will be credited to your Account when they have cleared – typically we expect deposits to clear at or near to “real time”. We cannot be held responsible, however, if any payments are delayed / cancelled or reversed due to issues within the payment “chain” itself (for example, issues which lie with your own bank, or failed authentications on your own account). Nor can we be held responsible for any “stop” or “query” put on transactions (either by ourselves, any payment providers, banking institutions or our regulators) for legal, regulatory, or other (including security related) reasons.
5.11 You also confirm that transactions may be delayed in the event that we require further verification from you further to applicable laws or regulations.
5.12 Subject to the provisions of these Player Terms (including but not limited to those on verification, money laundering, malfunctions, bonuses and the Game Rules), you are able to withdraw your Account ‘cash’ balance at any time.
5.12.1 For the avoidance of any doubt, this includes: (i) any (not spent) real money deposits; (ii) any ‘cash’ winnings from Games; and (iii) any ‘promo balance’ winnings from Games which have subsequently been converted to ‘cash’ by satisfying the promo conditions.
5.13 Withdrawals are requested via the “Wallet” section of your Account.
5.14 We aim to process all withdrawal requests within 4 – 5 working days wherever practicable subject to any verification that we may require from you for legal, regulatory and/or AML purposes under these Player Terms.
5.15 When you make withdrawals using a UK debit card or via bank transfer to a UK bank account, we will absorb any charges so that such withdrawals are free of charge for you.
5.16 If you use a non-UK bank account to make withdrawals you will be responsible for any bank charges this may attract, subject always to the rules on Prohibited Territories.
5.17 If you make repeated withdrawals at low amounts over a short period instead of making a single lump sum withdrawal, we reserve the right to charge any associated bank charges to you by debiting your Account or reducing the total amount of withdrawal. We will endeavour to provide you with advance notice before doing this.
5.18 By default, you can withdraw up to £10,000 in any 24-hour period. If you want to withdraw £10,000 or more in any 24-hour period, you may need to contact our Customer Service team.
5.19 Withdrawal requests for large sums may require additional prior arrangement or verification with us prior to payment. In the event that we request additional verification you agree to provide it.
5.20 Withdrawals will display on your statements as “LOW6 LTD”.
5.21 We reserve the right at all times to investigate your play prior to processing any requested withdrawals. Where (as but one non-exhaustive example) we reasonably suspect, cheating, collusion, fraud, or other playing irregularity, or technical malfunction, then we may cancel (or reduce) any requested withdrawal, void any suspicious play or transactions, return your stake (only) and/or make report to relevant authorities where any criminality, AML, money laundering, or other impropriety is either known or suspected, as we may reasonably deem appropriate.
5.22 We reserve the right to make a charge for withdrawal of funds not utilised on our Platform, and/or for repeated or vexatious withdrawal requests set at up to 10% of the requested amount. We confirm that any such costs (where levied or deducted) will reflect a genuine contribution towards our actual costs of processing repeated and vexatious withdrawal requests in each specific case.
5.23 It is your sole responsibility to account to the relevant tax authorities in relation to any taxation which may apply to your activity on our Platform.
6. ACCOUNT BALANCES, CARDS, MALFUNCTIONS AND BONUSES
6.1 If you make a deposit, win a prize in a Game or activate a promotion, your Account may accumulate a balance:
6.1.1 all real money deposits will be treated as a ‘cash’ balance and, subject to any Game spend, can be withdrawn at any time in accordance with paragraph 5.12 above;
6.1.2 Game prizes will consist of either ‘cash’, ‘promo balance’ or some ‘other’ product / service:
(a) whether a prize consists of ‘cash’, ‘promo balance’ or some ‘other’ product / service will be clearly and prominently stated at the point of entry to the relevant Game, if it is not so stated then the prize will consist of ‘cash’;
(b) ‘cash’ prizes will be automatically credited to your Account in accordance with paragraph 6.3 below and can be withdrawn at any time in accordance with paragraph 5.12 above;
(c) prizes consisting of ‘promo balance’ will also be automatically credited to your Account in accordance with paragraph 6.3 below, but specified conditions must be met in order to convert the ‘promo balance’ to ‘cash’ and enable withdrawal – unless prominently stated otherwise at the point of entry to the Game, our standard promo conditions are set out in paragraphs 6.10 to 6.17 below will apply to any ‘promo balance’;
(d) ‘other’ prizes which do not fall into the two categories above will always be subject to separate terms (advertised prominently at the point of entry to the applicable Game) on how to claim / redeem the prize – note that ‘other’ prizes are most commonly (but not exclusively) available in Prize Draws and Giveaways on which additional standard terms apply as set out in paragraph 2.2 above.
6.1.3 from time to time we may offer promotions which credit your Account with ‘promo balance’ without any further play – unless prominently stated otherwise at the point of entry to the Game, our standard promo conditions are set out in paragraphs 6.10 to 6.17 below will apply to any ‘promo balance’.
6.2 Any payments made to enter a Game (on Other Platforms) are first deducted from your ‘cash’ balance, and your ‘promo balance’ will only be used once the amount of ‘cash’ in the Account is insufficient to meet the payment required to enter the Game.
6.3 Unless specified otherwise in the Game Rules, we will endeavour to credit your Account with any ‘cash’ or ‘promo balance’ winnings from Games within 5 working days, but in exceptional circumstances the crediting of an Account may take longer.
6.4 The claim / redemptions process for ‘other’ prizes may take longer or require action on your part (e.g. to physically collect the prize) – please read the applicable terms carefully. Where we deliver a ‘other’ prize to you, we aim to do so within 45 days unless stated otherwise.
6.5 Any Game entries made in breach of these Player Terms may be declared void by us and any winnings credited from such Games may be reversed. If you have already withdrawn such winnings, the amount shall be deemed to be held by you on trust for us and shall be repaid to us without undue delay when a demand for payment is made by us to you.
6.6 You authorise us and we agree to hold any ‘cash’ balance in your Account on trust for you for the sole and specific purpose maintaining your balance for withdrawal or deduction in accordance with these Player Terms and the terms of any Other Platform (the “Purpose”).
6.7 All ‘cash’ funds that we hold for you are held in designated customer bank accounts to be used solely for the Purpose. Our bank has acknowledged that in the event of our insolvency it will not seek to use any ‘cash’ funds held in our customer bank accounts to offset any other liabilities owed to it by us. This means that the manner in which the funds in your Account are held by us falls into the Great Britain Gambling Commission’s ‘Medium’ category of protection as defined with their rating system which can be found here.
6.7.1 Please note that although this Platform is not a gambling product, we protect your funds in accordance with the Gambling Commission’s requirements because your Account (and hence your account balance) can be used to access Other Platforms, some of which are gambling products.
6.8 In using the Platform, you may ‘pack’ cards relating to national teams and players (“Cards”). These Cards can presently only be used to enter prize pools (see separate Game Rules).
6.9 Each Card has a unique identifiable number; however, you cannot presently exchange any Card for a monetary value, transfer them to another user or use them outside the Platform.
6.10 From time to time, technical malfunctions or human errors may occur which affect a Game, the Platform, and/or the Other Platform(s) (“Malfunction(s)”). In some cases, Malfunctions may not be apparent or detectable by you and/or us until our verification checks have been completed. Malfunctions include (but are not limited to):
6.10.1 malfunctions and/or errors relating to the underlying mechanics and maths of Games, including where a Game operates other than in accordance with its published ‘return to player’ percentage (being the rate at which winnings are paid out as published in the relevant game rules), ‘random number generator’ or the published Game Rules;
6.10.2 errors in the scoring of selections in a Game (for example, if your selection is awarded points when it should not have been based on real life performances);
6.10.3 errors which result in an incorrect prize being advertised for any Game;
6.10.4 errors in the calculation and/or distribution of winnings (for example if winnings are attributed or distributed to you which you are not due).
6.11 If (based on reasonable evidence) we believe that any winnings (whether ‘cash’, ‘promo balance’ or ‘other’) have been attributed to you due to a Malfunction (“Erroneous Winnings”), we may temporarily suspend or reverse the payment of such Erroneous Winnings to you whilst we investigate the Malfunction and:
6.11.1 if we find that such Erroneous Winnings are not due to a Malfunction, we will process the payment/credit of the applicable winnings as usual in accordance with these Player Terms;
6.11.2 if we find that such Erroneous Winnings are due to a Malfunction, we will; (i) permanently suspend the payment of such Erroneous Winnings or remove the value of the Erroneous Winnings from your Account balance if we have not already done so; and (ii) and take all reasonable measures to put you in the same position you would be if the Malfunction did not take place; and
6.11.3 if you are for any reason able to withdraw any Erroneous Winnings (whether knowingly or not) that are due to a Malfunction, you will be liable to repay the Erroneous Winnings to us or we may deduct the amount of the Erroneous Winnings from any other sums that we may owe you (including from deposits to your Account taking place after the Malfunction).
6.12 You agree that you will inform us of any Malfunctions you become aware of as soon as possible and you should not seek to exploit a Malfunction, generate Erroneous Winnings and/or encourage any third party to do the same.
6.13 Unless stated otherwise, the following terms shall apply as standard to all ‘promo balance’ credited to your Account.
6.14 You cannot withdraw ‘promo balance’ and must convert it to ‘cash’ in order to withdraw.
6.15 In order to convert ‘promo balance’ to ‘cash’, you must stake / spend it on any Game which requires a payment to enter on the Platform or any of our Other Platforms. As per paragraph 6.2 above, if you have a ‘cash’ balance and a ‘promo balance’ then note your ‘cash’ balance will be used first. Any winnings from the Game you enter using ‘promo balance’ will be credited as ‘cash’ and become fully withdrawable – you are not required to re-stake the winnings.
6.16 Your Account may from time to time have a ‘promo balance’ that has accumulated over a number of times and dates. If this is the case, the ‘promo balance’ credited at the earliest date will be used first.
6.17 If not used, any ‘promo balance’ will automatically expire six calendar months after it was credited to your Account.
6.18 Notwithstanding Clause 6.15 above, if you accumulate a ‘promo balance’ in excess of £1,000 and reasonably require additional time to spend it, we may exercise our discretion to give you additional time to spend your ‘promo balance. Please contact Customer Service for more details if this applies to you.
6.19 Closure of your Account (for whatever reason) will automatically expire any ‘promo balance’ held prior to closure.
7. AGE AND IDENTITY VERIFICATION
7.1 As indicated in section 3, we undertake age and identity verification checks on our UK customers at the point of registration.
7.2 Notwithstanding the above, we reserve the right in our sole discretion to request further evidence at a later point to verify your age, identity or eligibility for any Game.
7.3 You agree to comply with any and all such verification requests from us in a prompt and helpful manner, and that we may delay crediting any winnings or withdrawals until such further evidence is provided.
7.4 You also confirm and acknowledge that you understand and accept that your Account (and any transaction or activity upon it) may be suspended or cancelled in the event that you do not provide verification when reasonably requested to and/or until you do so. You further agree and understand that we reserve the right to suspend or close your Account (and any related process including, Game entries, withdrawals or transactions, where applicable) where the results of additional verification checks indicate that the information previously provided to us was, is, or has become, insufficient, false, inaccurate, untruthful or misleading.
7.5 We may also make a report about you to any applicable authorities where our general monitoring or specific enquiries give us any cause to suspect that money laundering, terrorist financing, fraud, or any other criminal activity has taken place or is likely to take place
8. GAME PLAY
8.1 From time to time, we provide Games on our Platform. Usually, the Games will be unique to that Platform; however, we may occasionally operate “linked” games in which users from Other Platforms may also enter – we will indicate where this is the case.
8.2 A number of our Games on Other Platforms (only) require payment to enter. In entering such Games, you acknowledge that there is a risk of losing money and that entry to the Game is at your option, discretion and risk.
8.3 Where the Games are not a Prize Draw or Giveaway, then the Game Rules which are linked in paragraph 2.2.1 will apply.
8.4 Where such Games are a Prize Draw or Giveaway, then the General Prize Draw Terms or General Giveaway Terms (as applicable) which are linked in paragraph 2.2.1 will apply, unless stated otherwise.
We encourage you to read the Game Rules, General Prize Draw Terms and/or General Giveaway Terms (as applicable) carefully in addition to these Player Terms as they include further important details in relation to the Games such as how to enter and how we determine the winners of the Games.
9. DORMANT ACCOUNTS
9.1 We will consider your Account to be dormant if you have not accessed it for any continuous period of 365 days. Accessing your Account is defined as ‘logging on’ to your Account using your username and password.
9.2 Once your Account has been deemed dormant, we will:
9.2.1 first try to return your outstanding cash balance to withdrawal details last used on your Account, if any; but
9.2.2 if we are unable to return funds in that way, we will then attempt to contact you to arrange a payment; but
9.2.3 if no response is received within 30 days, we will deduct a monthly maintenance fee which reasonably reflects our costs of running your Account until either your cash balance is depleted or your Account is no longer dormant.
10.1 If you wish to self-exclude from our Platform, then you may do so by accessing the Profile section when logged into your Account or by notifying our Customer Service team using the contact details on our Platform and letting them know that you wish to do so. Please note that any self-exclusion will also have effect on any Other Platform operated by us.
10.2 Self-exclusion from our Platform is for a minimum period of six months during which you will not (knowingly) be permitted access to our Platform or any Other Platform.
10.3 All requests for a lifting of self-exclusion are subject to a cooling off period of 24 hours before any self-exclusion may be lifted.
10.4 Notwithstanding the expiry of any stipulated or minimum self-exclusion period and/or any request for re-admission please note that we are not obliged to re-admit you to our Platform or any other Platform operated by us.
10.5 If we don’t hear from you after the expiry of your self-exclusion period then your self-exclusion will remain in effect. You can still contact us during that period and ask for re-admittance, but a 24 hour cooling off period would still then apply.
10.6 Since some of our Other Platforms are gambling products, we also participate in the UK Gambling industry’s “Gamstop” scheme. That scheme enables players to make their own self-exclusion with the third party that runs the Gamstop scheme which is then upheld by all participating members, including ourselves, subject to the rules of the scheme itself. Further details on Gamstop’s process can be found here. As we operate a single sign-on, if you self-exclude via Gamstop then this self-exclusion will be enforced on the Platform too.
10.7 Upon any self-exclusion coming into effect we will close your account and return any outstanding cash balance to you. Any Game entries made prior to your self-exclusion shall remain valid and we will forward any winnings (if any) to you after any relevant Game has been concluded and settled.
11. PRIVACY AND PUBLICITY
11.1 If you enter a Game on the Platform, you agree that we, and our selected partners and affiliates, may include and / or announce on the Platform, on social media and / or elsewhere at our sole discretion the following details if you win a prize in a Game :
11.1.1 your surname;
11.1.2 your username;
11.1.3 your county; and
11.1.4 your Game entry.
11.2 You also agree that:
11.2.1 your username and your Game entry may feature in a live leaderboard compiled of Game entrants by Us and published on the Platform, social media and / or anywhere else at our sole discretion; and
11.2.2 we, and our selected partners and affiliates, may re-post any publications you make regarding any Game entry made by you on the Platform including, without limitation, any posts made on social media regarding wins.
12. LIMITS ON OUR LIABILITY
12.1 The Platform is provided “as is” and (to the maximum extent permitted by applicable laws) without assurances of any kind, in particular, we do not assure you that our Platform (or its content) is or will be available, nor error, Malfunction or virus free. Whilst we shall endeavour to procure that our Platform is available 24/7 we shall not be liable if for any reason our Platform is unavailable at any time or for any period. Access to the Platform may be suspended temporarily and with or without notice in the event of system failure, maintenance or repair or for reasons beyond our control.
12.2 You agree to fulfil all commitments made on your Account and in these Player Terms and agree that, if you do not, we may legitimately withhold, adjust, or set-off player balances, payments on/to/or from your Account in the event that you do not do so.
12.3 You acknowledge that if you make a payment to enter a Game on a Other Platform there is a risk that you may lose money.
12.4 We and our officers, directors, staff and contractors (including our group companies where and if applicable) will (to the maximum extent permitted by applicable laws) not be liable to you for any loss, damage, or legal claim(s) ,whether in contract, tort (including negligence) breach of statutory or regulatory duties, or otherwise, which arise from or are connected to:
12.4.1 any Malfunction – see paragraphs 6.7 to 6.9 above. Where this occurs, we may choose to put you back in the position you would have been in had that Malfunction not occurred (e.g. return your stake only, or resettle with the correct amount of winnings); and/or
12.4.2 any indirect losses, arising from your use of our Platform including:-
(a) loss of profit or goodwill;
(b) loss of amenity;
(c) disappointment and/or loss of any expected benefit;
(d) ancillary sums expended in expectation of, or further to, a Game result or outcome; and / or
(e) any, travel, transport, accommodation or other ancillary costs; and / or
(f) any losses arising from your own failure to effectively utilise player account tools or to effect a self-exclusion from our Platform.
12.5 Without limiting the generality of the foregoing you agree (to the maximum extent permitted by applicable laws) to indemnify us (make a legally enforceable promise to pay us upon request) for any and all losses, liabilities, costs, claims or damages that we and our officers directors employees or contractors may suffer or incur as a consequence of your use of our Platform and your Account.
12.6 You agree (to the maximum extent permitted by applicable laws) that in the event of dispute as to any of your Game entries on our Platform that our maximum liability to You is and will be limited to the higher of:
12.6.1 the stake you paid to enter the relevant Game (if none, this will be £0.00) in relation to disputes regarding your Game entry;
12.6.2 the value of the Game prize legitimately (excluding Malfunctions) made available by us in relation to disputes over whether you have won a Game; or
12.6.3 the amount of £1,000.
12.7 The above shall not act to exclude and limit our liability where it would be unlawful to do so. Thus, we do not exclude our liability for death or personal injury caused by our own negligence, for example, nor do we exclude or limit our liability for fraudulent misrepresentation.
12.8 Where the Platform contains links to third party websites and resources, these links are provided for your information only. We have no control over the content of these websites or resources, and accepts no liability for them or for any loss or damage that may arise from your use of them. The inclusion of a link to a third-party website does not constitute an endorsement of that third party’s website, product or services.
12.9 Our Platform is made available to you (and others) on the basis of the core limitations (above) which you are taken to accept upon login or play. If you do not accept the above, then do not register an Account or use our Platform.
13. COMPLAINTS AND DISPUTES
13.1 If you wish to make a complaint you may contact our Customer Service team through the contact details available on the Platform.
13.2 Complaints will not be heard by us unless they are raised with us within twelve (12) months of the date of the event or events to which the complaint relates.
13.3 We will acknowledge your complaint/dispute promptly and in any event within 24 hours by the same medium of communication through which you brought the matter to our attention.
13.4 If having dealt with our Customer Service team you are not satisfied, you can ask for the matter to be escalated to a manager to re-consider your complaint. The manager will re-examine your complaint and either uphold or overturn the initial finding of the Customer Service team.
13.5 In all cases we will endeavour to resolve your complaints (including any appeal) within 8 weeks from the point at which we have been supplied by you with all relevant information. We may however take longer if you delay in providing us with all relevant information needed to investigate your complaint.
14. INTELLECTUAL PROPERTY RIGHTS
14.1 Due to the nature of the Platform, it will often contain third party intellectual property rights (such as images of professional footballers). Where this is the case, we do not claim that we own such content but rather our use is pursuant to a license agreement in place with the third party in question or an approved licensor (such as Getty Images or Opta).
14.2 Subject to the above and unless stated otherwise, we are the owner and/or licensee of (without limitation) all copyright, trademarks, designs, text, photographs, videos, images and graphics, code, database, design, and all other intellectual property rights on our Platform including any mobile or other version of it (the “Platform Content”). Those rights are protected by appropriate registrations and applicable laws and treaties.
14.3 You are granted a simple limited and revocable licence to access the Platform Content on our Platform for the purposes of using your Account and entering Games in accordance with these Player Terms (only) and for no other purpose whatsoever and in object code form only. That licence is fully conditioned upon your ongoing compliance with these Player Terms and subsists for so long as you are permitted access to our Platform, whereafter it automatically ends. No other rights whether, express or implied, are or will be granted to you.
14.4 You agree that you shall not, copy, adapt, reverse engineer, decompile, disassemble, modify, use, or interfere with, “hack” or otherwise seek to compromise the Platform Content (and any related software game or data) or otherwise link to it. You confirm that any attempt to do so shall be considered a serious breach of this agreement between us justifying immediate termination and closure of your Account and/or such other action (including but not limited to legal action) as we may see fit.
14.5 For the avoidance of doubt, you agree not to use any part of the Platform Content for any commercial purposes without obtaining a licence to do so from us or, where applicable, our licensors.
14.6 Certain Games on our Platform may additionally be subject to an end user licence agreement imposed by the originating provider of those Games or software on our Platform for use or download of those Games or software. Where additional terms apply, we will make these accessible to you. You confirm, however, that you will comply with and be bound by any such terms.
15. PLATFORM CHANGES
15.1 We aim to update the Platform regularly and may change the content at any time. In some cases, this may involve suspending access to the Platform in order to make such updates.
16. FORCE MAJEURE
16.1 We shall not be in breach of these Player Terms nor liable for a delay in performing, or failing to perform, any of our obligations under these Player Terms if such delay or failure results from events, circumstances or causes beyond our reasonable control.
17.1 Our failure or delay in enforcing or partially enforcing any term of these Player Terms shall not be interpreted as a waiver of any of our rights or remedies. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
18.1 If any court or competent authority finds that any provision (or part provision) of these Player Terms is invalid, illegal or unenforceable, that provision or part provision shall, to the extent required, be deemed deleted and the validity or enforceability of any other provisions of the Player Terms shall to the extent required be deemed to be deleted, and the validity and enforceability of any other provisions of this agreement shall not be affected.
19.1 The Player Terms are between you and us. We may transfer or assign our obligations to you under these terms (for example to another of our companies or to third party companies in the event of business sale), but you cannot.
20. ENGLISH LANGUAGE VERSION
20.1 To the extent that these Player Terms are provided any in language other than English, this will be for reference only. In the event of any differences between the English version of these Player Terms and any non-English versions, the English language version shall prevail.
21. ENTIRE AGREEMENT
21.1 The Player Terms (as amended from time to time) amount to the entire agreement between us with respect to the Platform.
22. GOVERNING LAW
22.1 We are located in and governed by the laws of England and Wales.
22.2 You agree therefore that these Player Terms shall be governed by the laws of England and Wales and that each of us shall be subject to the jurisdiction of the courts of England and Wales.
23. PROHIBITED TERRITORIES
23.1 The current Prohibited Territories for the Platform are any territories worldwide except for the United Kingdom.
ULTIMATE FAN – SUBSCRIPTION TERMS
Date of last amendment 8 June 2021, v1.1
1. ABOUT THESE TERMS
1.1 This page sets out the terms to any subscriptions on the UltimateFan platform (“Subscription Terms”). Please refer separately to the Player Terms and Game Rules for the wider terms applicable to your Account usage and gameplay on the Platform.
1.2 These Subscription Terms form part of the Player Terms [available from beginning of this page] and you may require access to your Account on the Platform to make the most of the subscription. It is therefore important that you read, and abide by, the Player Terms in addition to these Subscription Terms. Where there is conflict between the Subscription Terms and Player Terms, the Subscription Terms shall take precedence in the event of and only to the extent of, any such inconsistency. Please note however that we may close your Account if you breach the Player Terms and nothing in these Subscription Terms shall affect our right to do so.
1.3 Unless defined here, any capitalised terms shall have the meaning set out in the Player Terms.
1.4 It is important that you read these Subscription Terms carefully before you take out a subscription on the Platform as they set out the legal “contract” as regards to that subscription. When you take out a subscription you confirm that you agree to be bound by the Subscription Terms. If you do not wish to accept these Subscription Terms then please do not take out the subscription as we will consider taking out the subscription as your unqualified acceptance of these Subscription Terms. If you have any questions about these Subscription Terms then please contact us using the contact details on the Platform.
1.5 We may change the Subscription Terms from time to time. If we deem any such change to be material in nature, we will take reasonable steps to bring the change to your attention by either email or a notification on the Platform. By continuing to subscribe, you are deemed to accept any changes from the next subscription payment you make. If you do not wish to agree to such changes then you should terminate your subscription with us.
2. SUBSCRIPTION MEMBERSHIP
2.1 To subscribe, you must visit the subscription section of the Platform when logged in to your Account and pay via the Apple or Google stores when prompted to do so.
2.2 Your subscription will last for one calendar month, beginning on the day of subscription (“Subscription Start Date”) and will automatically renew exactly one month later at midnight (“Renewal Date”) every month thereafter unless you unsubscribe via the Apple App or Google Play store at least 24 hours before the Renewal Date (“Renewal Deadline”).
2.3 If you unsubscribe before the Renewal Deadline, your subscription will automatically cease on the next Renewal Date (“Subscription End Date”).
2.4 If you unsubscribe between after the Renewal Deadline but before the Renewal Date then your Subscription End Date will be the following Renewal Date. For example, if your Renewal Date is 20 July then your Renewal Deadline is 00:00 on 19 July so if you unsubscribe at 15:00 on 19 July your Subscription End Date will then be 20 August as you missed the Renewal Deadline for July.
2.5 If you join or end a subscription part way through the month, you will still be charged the full subscription value and receive the full benefit of the subscription advertised for that calendar month (subject to payment being received and cleared). You will not however receive any subscription benefits from the months before your Subscription Start Date or the months after your Subscription End Date (unless you resubscribe).
2.6 We may offer a number of subscription memberships which have different benefits. The subscription benefits for each type of subscription membership may also change from month to month.
2.7 You can find specific details regarding the subscription benefits on the subscription page of the Platform. The subscription benefits for the following calendar month will be posted at least 7 days before the end of the calendar month. If after reviewing next month’s subscription benefits you wish to unsubscribe, you must do so before the Renewal Deadline.
2.8 You can unsubscribe at any time via your account with Apple or Google. If you unsubscribe before the Renewal Deadline, no further payments will be taken. If you unsubscribe after the Renewal Deadline, your subscription will stop after the next month so one further payment will be taken.
2.9 If your Account is closed at any time for any reason, you will need to unsubscribe with Apple or Google to stop the subscription. If the subscription is not stopped, you may still be charged but may not receive the subscription benefit. In such circumstances, you can contact Customer Service for a refund.
3. PROMOTIONAL OFFERS
3.1 We may from time to time offer additional promotional benefits or discounts to the subscription memberships (“Offer(s)”). Offer eligibility is determined by us at our sole discretion and we reserve the right to not make available an Offer at any given time or make your Account ineligible to receive any Offers made generally available.
3.2 We may use information such as device ID, method of payment or an account email address registered with us to determine Offer eligibility.
3.3 The general eligibility requirements and other limitations for any Offers will be disclosed on the subscription page on the Platform.
4. BILLING AND CANCELLATION
4.1 Billing Cycle. Each subscription has a billing cycle of one month which begins on the Subscription Start Date and ends on the Renewal Date. Payment for the subscription will be taken on or around the Subscription Start Date or Renewal Date (as applicable).
4.2 Payment Methods. To subscribe you must pay via the Google or Apple store. By subscribing, you authorise us to instruct Google / Apple to collect payment from you. All payments are made subject to Google’s / Apple’s terms as updated from time to time. It is your responsibility to ensure that a current payment method is registered with your Google / Apple account so that the subscription fee can be paid.
4.3 Failed Payments. In the event that your payment fails, your subscription will automatically expire and you will not receive any subscription benefits for that month unless you resubscribe.
4.4 Changes to the price and subscription plans. We may change our subscription pricing from time to time; however, any price changes or changes to your subscription plans will apply no earlier than 30 days following notice to you.
5. SUBSCRIPTION SERVICE
5.1 You must have an active Account on the Platform to subscribe. Accordingly, you must also be at least 18 years of age and comply with all other Account eligibility requirements set out in the Player Terms.
5.2 The subscription service is for your personal and non-commercial use only, unless we agree otherwise with you in writing.
5.3 The subscription benefits are regularly updated. You can find the next month’s subscription benefits in the subscription section of your Account as per paragraph 2.6 above.
5.4 Some subscription benefits may be physical items which are sent to your home address, and others may be electronic items sent to your email address or your Account. You agree that it is your responsibility to ensure your home and email addresses are kept up to date with us and that we cannot be held responsible for any misplaced items in the event you fail to do so.
6.1 Customer Service. If you have any questions at all about these Subscription Terms or our subscription in general then please contact our Customer Service Team using the contact details on the Platform.
6.2 Survival. If any provision or provisions of these Subscription Terms shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
6.3 Governing Law. These Subscription Terms shall be governed by and construed in accordance with the laws of England and Wales.
GENERAL GIVEAWAY TERMS
From time to time, we give away additional prizes where no further purchase is necessary and all eligible participants are entered into a random prize draw to determine the winner(s) (a “Giveaway”).
Such Giveaways are advertised and/or run both on our Platform, our social media channels and elsewhere (such as on our partners pages).
This page sets out the general terms and conditions applicable to each Giveaway that we operate. Additional specific terms (such as the opening and closing dates) will apply to each individual Giveaway – these will be prominently displayed within advertisements.
All entries to Giveaways and redemption of any prizes won are subject to the following:
Please ensure that you have read each of the General Giveaway Terms, the Specific Giveaway Terms and the Website Terms before entering any Giveaway operated by us.
The primary Promoter of each Giveaway is:
The Promoter may from time to time engage third parties such as ‘influencers’ to advertise (or ‘promote’) a Giveaway; however, unless specified otherwise, the Promoter will still administer the relevant Giveaway including selecting a winner and distributing any prizes.
GOVERNING LAW AND JURISDICTION