ULTIMATE FAN – GENERAL TERMS AND CONDITIONS

Date of last change: 05 August 2022, v3.1
05/08/22 update: Significant update to section 6 to align with release of UltimateFan update for 22/23 season. Minor language updates elsewhere.

1.     WHO WE ARE

1.1          We are Low 6 Limited, a private limited company incorporated in England and Wales under company number 10799636 with its registered office address located at 1 Cranmore Drive, Shirley, Solihull, England, B90 4RZ (“Low6” / “we” / “us” / “our”).

1.2          Low6 makes available and operates pick’em, fantasy and other online games which are provided as a mobile application and/or website (each a “Platform” and collectively the “Platforms”). Platforms include both existing mobile applications and/or websites (including, without limitation, UltimateFan, UFC Picks and Rangers Picks), and those to be launched by Low6 in the future. If you create an account to access any Platform operated by us, you can also use the same account and log-in details to access all other Platforms operated by us.

1.3          Within the Platforms, we make available a number of contests (including, without limitation, fantasy football contests, pick’em contests, random prize draws, and prize giveaways) where the winners of said contests may receive a prize (monetary or otherwise). Such contests are referred to as a “Game” (or “Games” in plural) in these General Terms.

1.4          For the avoidance of doubt:

1.4.1          while some Platforms may be made available to download on the Apple App Store or the Google Play Store, neither Apple or Google are in any way involved with operation of any of the Platforms; and

1.4.2          similarly, while a number of the Platforms are offered under the brand name of our third party business partners which include UFC and Rangers FC, and some Platforms may advertise the business of third parties we partner with, such partners are not actively involved in the operation and ownership of the Platform.

1.5          The Platforms we currently offer are all free-to-play. We do not purport to provide gambling facilities on the Platforms, and as such we are not licensed and regulated by any gambling authority such as the Gambling Commission of Great Britain. Furthermore, in relation to non-fungible tokens issued in connection with the Platforms, please also note that we are not regulated by the Financial Conduct Authority, and there is a risk that you could lose any money invested.  

2.     THESE GENERAL TERMS

2.1          These general terms and conditions (“General Terms”) contain the general rules applicable to all Platforms, and therefore govern your relationship with us and any activity on any of the Platforms. We would encourage you to read the General Terms carefully, but in particular, we wish to draw your attention to paragraphs 6.22 to 6.24 which set out what happens in the event of a technical / human error or malfunction, and paragraph 11.4.1which limits our liability in this regard.

2.2          In addition to this page, your attention is also drawn to:

2.2.1          the Game Rules made available in the footer of each Platform which set out the specific rules which apply to each contest on the Platforms; and

2.2.2          our Privacy Policy [available here] which sets out how we use your personal information and what your rights are; and

2.2.3          the General Giveaway Terms [available here] which set out the standard terms which apply to most promotional giveaways we run.

Each of the pages above also form part of the General Terms. Additional terms may apply (i.e. for specific Games) where we inform you that is the case.

2.3          For legal purposes, these General Terms outline the legal ‘contract’ that applies between you and us when you join and access the Platforms.

2.4          It is important that you read these General Terms fully as when you open an account with us (“Account”) and access any Platform you confirm that you agree to be bound by these General Terms. If you do not wish to accept these General Terms then please navigate away from the Platforms and do not complete your registration or further use any Platform, as we will consider any such actions as your unqualified acceptance of these General Terms. If you have any questions about these General Terms, please contact us using the contact details on the Platforms.

2.5          We may change the General 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 Platforms. If you do not accept the revised terms, you will not be allowed to continue using any of the Platforms, but will be allowed to withdraw any cash balance in your Account subject to the remaining provisions of these General 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 a Platform by you following any change to the General Terms (other than to request a full withdrawal of your Account cash balance, only) will amount to your unqualified acceptance of the changes.

3.     ELIGIBILITY – 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 Platforms (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 Platforms, block transactions and / or withhold winnings if you are found to be (or if we reasonably suspect you are) in breach of these General Terms.

Your Age and Identity

3.4          You must be at least 18 years of age (or of ‘legal’ age where you reside, if higher) to register an Account with us, access the Platforms or play any of the Games. Additionally, any person aged 18 or older is not permitted to establish an account for or on behalf of a minor or allow access to an Account by a minor.  You confirm / warrant that you will not seek to register an Account with us if you are a minor.

3.5          We reserve the right to undertake an age and identity verification process when you make a request to withdraw any winnings and/or when we reasonably suspect you may be in breach of these General Terms. This will generally involve us asking you to provide a (i) identity document; and (ii) proof of address document. The purpose of this check is to verify your age and identity, and ensure that Games on the Platform are as fair as possible by preventing duplicate / fraudulent registrations. The process may be repeated at a later stage if your details have changed or if we reasonably deem it necessary to repeat the process.

3.6          If your age and identity cannot be verified at the point of the check, you will not be able to withdraw any winnings until we are reasonably satisfied your age and identity has been verified. We may also suspend or close your Account if we reasonably suspect you are in breach of the General Terms. This is to maintain the integrity of the Games and ensure that each user has a fair chance of winning (i.e. so that users cannot create multiple accounts in different names).

3.7          You agree that we may withhold any winnings until your age and identity has been verified, and that you will comply with any reasonable requests for information and / or documentation made by us in this regard.

Your Location

3.8          In order to register an Account with us and access the Platforms, you must be resident and located in a permitted territory as set out in Schedule 1 at the end of these General Terms (each a “Permitted Territory”, and together the “Permitted Territories”).

3.9          Some Platforms may have different Permitted Territories due to legal restrictions – you agree that the fact you are in a Permitted Territory for one Platform does not automatically you are in a Permitted Territory for another Platform.

3.10       You agree that the mere availability of the Platforms in any other territory does not constitute an invitation by us for you to access and/or use the Platforms in such territory.

3.11       You further agree that we are not responsible for any action which may arise from you holding an Account and / or accessing the Platforms from any territory other than a Permitted Territory.

3.12       You represent to us that you are eligible to use the Platforms under these General Terms and will not access or use the Platforms from any physical location where such activity would be unlawful or contrary to these General Terms. You further agree that we are not responsible for any action which may arise from you holding an Account an / or accessing the Platforms in a territory where such activity may be illegal.

3.13       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 Platforms nor select a location that does not correspond with your actual location for the purposes of registering an Account or accessing our Platforms.

Your Relation To Us

3.14       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 and for test purposes only (and in which case are not eligible to claim any prizes or withdraw any funds).

3.15       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 Platforms, are not permitted to enter any Games on our Platforms or win any prizes at any time during their engagement with us. For clarity, this paragraph does not prevent our advertising partners from using the Platforms or winning any prizes.

3.16       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 an Account or conducting any activity on our Platforms.

4.     OPENING AND CLOSING YOUR ACCOUNT

Application and Registration

4.1          To access Games on the Platforms, you must first open an Account by providing the relevant details requested on the Platform registration page. You only require one Account to access all the Platforms, so please do not create a new Account on each Platform!

4.2          Your registration is your application to join us. We may refuse that application (or later revoke any 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.

We may close your Account and withhold any winnings if we discover you have not complied with the above.

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.

4.6          We reserve the right to close any accounts that we identify are opened in breach of these General Terms and to void any Game entries and winnings you have made using those accounts. You will not be refunded for any in-game purchases made prior to closure if your Account is closed due to a breach of these General Terms.

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 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 Platforms (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.

4.10       You agree that we may process, use, record and disclose personal information which you provide in connection with your registration and that such personal data may be recorded by us or third parties in accordance with our Privacy Policy. You agree that we may supply the information you have given us to authorised credit reference agencies (or other third parties who offer customer validation services) to confirm your identity and payment details.

4.11       It is and remains prohibited for any players to sell, transfer, and/or acquire Accounts from any other individual. 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.

4.11.1       A non-exhaustive example of this would be when the identification documents received by us from you do not align with the registration details entered when the Account was created.

Closure

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 any Platform. Please note that closing your Account on one Platform will mean that you will no longer be able to use your Account to access all our other Platforms.

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 General Terms.

4.14       When your Account is closed, subject to any other applicable terms (for example, those on verification), 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 Promotional Credit, if any, will automatically expire upon account closure.

5.      DEPOSITS AND WITHDRAWALS

Deposits

5.1          A real money deposit may be made via the ‘wallet’ when logged in to a Platform, by 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.

5.2          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.

5.3          The minimum amount you can fund your Account with on each deposit is £5.00.

5.4          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.

5.5          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 General 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.

5.6          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.

5.7          All deposits, play, withdrawals and/or account transactions are monitored to prevent fraud and money laundering. 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.

5.8          You agree and confirm that our Platforms and the ‘wallet’ facility within are 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 and purchasing any add-ons made available by us on the Platforms and not in a manner equivalent to or alike a financial institution’s bank account nor as any other general repository of funds.

5.9          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.

5.10       You also confirm that transactions may be delayed in the event that we require further verification from you further to applicable laws or regulations.

Withdrawals

5.11       Subject to the provisions of these General Terms (including but not limited to those on verification, malfunctions, and the Game Rules), you are able to withdraw your Account ‘cash’ balance at any time.

5.11.1       For the avoidance of any doubt, this includes: (i) any (not spent) real money deposits; (ii) any cash winnings from Games; and (iii) any Promotional Credit winnings from Games which have subsequently been converted to Cash by satisfying the promo conditions.

5.11.2       For the avoidance of any doubt, this does not include UF Coins on UltimateFan.

5.12       Withdrawals are requested via the ‘wallet’ section of your Account.

5.13       You are only permitted to withdraw to an bank account or other payment account that is in the same name as your Account. We may ask you to provide proof of this, and take any failure to provide said proof as evidence of a breach of Section 4 above.

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 under these General 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.

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 further verification with us prior to payment. In the event that we request additional (reasonably proportionate) verification you agree to provide it.

5.20       Withdrawals will display on your statements as “LOW6 Limited”.

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 Platforms, 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 Platforms.

Non-monetary prizes

5.24       If you win a non-monetary prize, we will contact you (either by email or in-Platform) with instructions on how to claim your prize.

5.25       Some non-monetary prizes may require redemption in person in order to claim the prize. Unless stated otherwise, you agree that you are responsible for all costs associated with attending any prize collection venues, such as travel.

USA and Canada users

5.26       If you are located in the United States of America or Canada, then the following further rules may apply to the withdrawal of winnings / claiming of prizes:

5.26.1       you may required to provide a valid taxpayer identification number or social security number;

5.26.2       you may be required to register an account with a reputable third party payment service (such as PayPal) so that we can transmit any monetary winnings to you; and/or

5.26.3       where applicable, IRS taxpayer Form W9 or such other documentation required under applicable laws or regulations for payment and reporting of winnings.

6.             ACCOUNT BALANCES, CARDS, MALFUNCTIONS AND BONUSES

6.1          For the purposes of these General Terms, the following words shall have the following meanings:

6.1.1          “Cash” means all real money deposits made by you to your Account, plus any real money winnings credited to your Account.

6.1.2          “Promotional Credit” means any promotional credit on your Account as indicated by the ‘promo balance’ in your Account wallet (if any).

6.1.3          “UF Card(s)” means player and team cards on UltimateFan.

6.1.4          “UF Coin(s)” means units of the in-game currency on UltimateFan that can be used to transact on the UltimateFan marketplace but is not exchangeable or withdrawable for Cash.

6.1.5          “UF Pack(s)” means randomly-generated packs on UltimateFan that contain UF Card(s).

Account Balances

6.2          If you make a deposit, win a prize in a Game or activate a promotion, your Account may accumulate a balance:

6.2.1          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 section 5 above;

6.2.2          Game prizes will consist of either Cash, UF Coins, UF Cards, Promotional Credit or some ‘other’ product / service:

(a)         whether a prize consists of Cash, UF Coins, UF Cards, Promotional Credit 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 6.4below and can be withdrawn at any time in accordance with paragraph 5.11 above;

(c)         UF Coins and UF Cards will be automatically credited to your Account in accordance with paragraph 6.4 below but cannot be withdrawn or exchanged for cash at any time;

(d)        prizes consisting of Promotional Credit will also be automatically credited to your Account in accordance with paragraph 6.4 below, but specified conditions must be met in order to convert the Promotional Credit 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 6.25 to 6.31 below will apply to any Promotional Credit;

(e)        ‘other’ prizes which do not fall into the two categories above may be subject to separate terms, if this is the case they will be advertised prominently at the point of entry to the applicable Game.

6.2.3          from time to time we may offer promotions which credit your Account with Promotional Credit without any further play – unless notified at the time the promotional credit is applied, our standard promo conditions are set out in paragraphs 6.25 to 6.31 below will apply to any Promotional Credit.

6.3          Subject to Error! Reference source not found. and 6.3.2 below, Any monetary payments made on any Platform are first deducted from your Cash balance, and your Promotional Credit will only be used once the amount of Cash in the Account is insufficient to meet the payment required to enter the Game.

6.3.1          Certain in-app payments may utilise in-app pay on the Google Play and Apple App stores rather than use your Account balance. You will be notified if this is the case when making the payment, and such payments will be deducted via your chosen payment method on the App store rather than from your Cash or Promotional Credit balance.

6.3.2          Any items available for purchase in UF Coins on UltimateFan will be deducted from your UF Coins balance. It is not possible to make a UF Coins purchase using Cash or Promotional Credit – you must first top-up your UF Coin balance.

6.4          Unless specified otherwise in the Game Rules, we will endeavour to credit your Account with any Cash, UF Coins, UF Cards or Promotional Credit winnings from Games within 5 working days, but in exceptional circumstances the crediting of an Account may take longer.

6.5          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 any further applicable terms carefully. Where we deliver a ‘other’ prize to you, we aim to do so within 45 days unless stated otherwise.

6.6          Any Game entries made in breach of these General 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.

6.7          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 General Terms (the “Purpose”).

6.8          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.

UF Packs and UF Cards (UltimateFan only)

6.9          If you access and play on the UltimateFan Platform, you may accumulate UF Packs and UF Cards. The UF Cards can presently only be used to enter Game contests on UltimateFan which permit the use of that type of UF Cards or sold for UF Coins on the UltimateFan marketplace (see separate Game Rules).

6.9.1          Please note that we do not make any guarantee that Games will  be available, or that each and every UF Card can be used to enter each and every Game contest made available.

6.9.2          Notwithstanding the above, the UF Packs and UF Cards accumulated during any particular tournament or season will generally not be able to used for any subsequent tournament or season. For example, UF Packs and UF Coins accumulated during the 2021/2022 PL season may not be used during the 2022/2023 PL season.

6.10       Each UF Card has a unique identifiable number; however, you cannot presently exchange any UF Card (or UF Pack) for a monetary value or use them outside the Platform.

6.10.1       We may introduce such functionalities in future at our discretion; however, we offer no guarantees that we will do so.

6.10.2       You should therefore only collect the UF Packs and UF Cards on a recreational basis for the purpose of using them in the Game contests made available in the present day, and not in any circumstance collect UF Packs or UF Cards for the purposes of generating a ‘profit’, any kind of monetary return, or long term use beyond the Game contests currently advertised.

6.11       UF Packs and UF Cards have no monetary value UltimateFan and are not exchangeable or withdrawable for Cash.

6.12       It is expressly prohibited to arrange the sale of your UF Packs and UF Cards outside of the UltimateFan platform whether that is in return for cash or anything else. We will consider doing so a material breach of these terms.

6.13       Please note that any UF Packs and UF Cards obtained in breach of these General Terms (including through the purchasing and/or sale of an account) will be removed from the Platform.

6.13.1       As the UF Packs and UF Cards have no monetary value, no compensation will be available for UF Packs and UF Cards removed from the Platform. This is true even if the UF Pack or UF Card were purchased using Cash or UF Coins. It is therefore important that you ensure your compliance with these General Terms.

6.14       We reserve the right to release additional UF Packs and UF Cards at any time. The number and type of UF Packs and UF Cards in circulation shall be chosen by us at our sole discretion.

UF Coins

6.15       If you access and play on the UltimateFan Platform, you may accumulate UF Coins. UF Coins can be accumulated: (i) free-of-charge from carrying out certain activities on the UltimateFan Platform; or (ii) purchased via the Google Play or Apple App store.

6.16       In respect of each purchase of UF Coins via the Google Play or Apple App store:

6.16.1       by purchasing coins via the store, you authorise us to instruct Google / Apple to collect payment from you;

6.16.2       all such payments are also subject to Google’s / Apple’s terms as updated from time to time; and

6.16.3       you agree that all such purchases are non-refundable.

6.17       All purchases of UF Coins via the Google Play or Apple App store are non-refundable.

6.18       UF Coins can presently only be used to purchase UF Packs or UF Cards from the marketplace.

6.18.1       Please note that we do not make any guarantee that UF Packs or UF Cards will be available to purchase, either in totality or in the same form presently available, from the marketplace in the future.

6.18.2       Any UF Coins accumulated during any particular tournament or season will generally be usable for the following tournament or season. However, we do not make any guarantees that the UltimateFanPlatform will be available for such future tournaments or seasons.

6.19       UF Coins have no monetary value and are not exchangeable or redeemable for cash.

6.19.1       You should therefore only collect and accumulate UF Coins on a recreational basis for the purpose of using them in UltimateFan as possible in the present day, and not in any circumstance collect UF Coins for the purposes of generating a ‘profit’, any kind of monetary return, or long term use beyond UltimateFan as is.

6.20       It is expressly prohibited to arrange the sale of your UF Coins outside of the UltimateFan platform whether that is in return for cash or anything else. We will consider doing so a material breach of these terms.

6.21       Please note that any UF Coins obtained in breach of these General Terms (including through the creation of duplicate accounts or the purchasing and/or sale of an account) will be removed from the Platform.

6.21.1       As the UF Coins have no value, no refunds or compensation will be available for the UF Coins removed from the Platform. This is true even if the UF Coins were purchased. It is therefore important that you ensure your compliance with these General Terms.

Malfunctions

6.22       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):

6.22.1       malfunctions and/or errors relating to the underlying mechanics and maths of Games, including where the Platform operates other than in accordance with its ‘random number generator’ (such as that used to randomly distribute UF Cards on the UltimateFan Platform, or pick a winner in random prize draws), or the published Game Rules;

6.22.2       malfunctions and/or errors relating to disconnections and/or internet or server outages;

6.22.3       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);

6.22.4       errors which result in an incorrect prize being advertised for any Game;

6.22.5       errors in the calculation and/or distribution of winnings (for example if winnings are attributed or distributed to you which you are not due).

6.23       If (based on reasonable evidence) we believe that any winnings (whether Cash, UF Coins/Packs/Cards, Promotional Credit 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:

6.23.1       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 General Terms;

6.23.2       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

6.23.3       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).

6.24       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.

Promotional Credit

6.25       Unless stated otherwise, the following terms shall apply as standard to all Promotional Credit credited to your Account.

6.26       You cannot withdraw Promotional Credit and must convert it to Cash in order to withdraw.

6.27       In order to convert Promotional Credit to Cash, you must spend it on a Platform. As per paragraph 6.2 above, if you have a Cash balance and a Promotional Credit then note your Cash balance will be used first. Any winnings from the Game you enter using Promotional Balance will be credited as Cash and become fully withdrawable – you are not required to re-spend the winnings.

6.28       Your Account may from time to time have a Promotional Credit that has accumulated over a number of times and dates. If this is the case, the Promotional Credit credited at the earliest date will be used first.

6.29       If not used, any Promotional Credit will automatically expire six calendar months after it was credited to your Account.

6.30       Notwithstanding Clause 6.29 above, if you accumulate a Promotional Credit 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 Promotional Credit. Please contact Customer Service for more details if this applies to you.

6.31       Closure of your Account (for whatever reason) will automatically expire any Promotional Credit held prior to closure.

6.32       As Promotional Credit is not exchangeable or withdrawable for Cash, no compensation will be given for lost Promotional Credit upon Account closure.

7.     AGE AND IDENTITY VERIFICATION

7.1          We reserve the right in our sole discretion to carry checks to verify your age, identity or eligibility for any Game.

7.2          The checks will ordinarily involve a request for the documentation specified in paragraph 3.5 above; however, we reserve the right to request copies of additional documentation or further information where we reasonably deem it appropriate to do so. Such checks will usually, but not exclusively, be carried out prior to withdrawal or claiming a prize.

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 Platforms. Usually, the Games will be unique to each Platform; however, we may occasionally operate “linked” games in which users from multiple Platforms may enter the same Game – we will indicate where this is the case.

8.2          The Game Rules which are linked in paragraph 2.2.1 will apply to each Game, except in the case of giveaways (in which case the General Giveaway Terms in paragraph 2.2.3 apply) or where we state otherwise.

We encourage you to read the Game Rules and/or General Giveaway Terms (as applicable) carefully in addition to these General 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.   PRIVACY AND PUBLICITY

10.1       If you enter a Game on any Platform, you agree that we, and our selected partners and affiliates, may include and / or announce on our Platforms, on social media and / or elsewhere at our sole discretion the following details if you win a prize in a Game :

10.1.1       your surname;

10.1.2       your username;

10.1.3       your county / state; and

10.1.4       your Game entry.

10.2       You also agree that:

10.2.1       your username and your Game entry may feature in a live leaderboard compiled of Game entrants by us and published on the Platforms, social media and / or anywhere else at our sole discretion; and

10.2.2       we, and our selected partners and affiliates, may re-post any publications you make regarding any Game entry made by you on the Platforms including, without limitation, any posts made on social media regarding wins.

10.3       For more information about how we will process your personal data in relation to Platforms, please see our Privacy Policy linked at the start of the General Terms.

11.   LIMITS ON OUR LIABILITY

11.1       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 Platforms (or their content) is or will be available, nor error, Malfunction or virus free. Whilst we shall endeavour to procure that our Platforms are available 24/7 we shall not be liable if for any reason our Platforms are unavailable at any time or for any period. Access to the Platforms may be suspended temporarily and with or without notice in the event of system failure, maintenance or repair or for reasons beyond our control.

11.2       You agree to fulfil all commitments made on your Account and in these General 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.

11.3       You acknowledge that if you make a payment on or in connection with any of the Platforms, there is a risk that you may lose money.

11.4       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:

11.4.1       any Malfunction – see paragraphs 6.22 to 6.24 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

11.4.2       any indirect losses, arising from your use of our Platforms 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.

11.5       Without limiting the generality of the foregoing you agree (to the maximum extent permitted by applicable laws) to indemnify us (i.e. 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 breach of these General Terms.

11.6       You agree (to the maximum extent permitted by applicable laws) that in the event of dispute as to our Platforms that our maximum liability to You is and will be limited to the higher of:

11.6.1       the value of money you paid directly in connection with the subject matter of the dispute (if none, this will be £0.00);

11.6.2       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

11.6.3       the amount of £1,000.

11.7       Time limitation of claims (USA and Canada users): You and we agree that any claims regardless of form, arising out of or related to the Platforms (including the Games) or these General Terms MUST BE FILED within ONE (1) YEAR of the action, omission, event or occurrence giving rise to the claim or suit, after which such claims will be time-barred and prohibited, without regard to any longer period of time which may be provided by any period of limitation or repose by law or statute.

11.8       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.

11.9       Where the Platforms contain 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.

11.10    Our Platforms are 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 Platforms.

12.   COMPLAINTS AND DISPUTES

12.1       If you wish to make a complaint you may contact our Customer Service team through the contact details available on the applicable Platform.

12.2       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.

12.3       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.

12.4       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.

12.5       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.

13.   INTELLECTUAL PROPERTY RIGHTS

13.1       We endeavour to present the Platforms in such a way that it does not rely on nor infringe any third party intellectual property rights. Where we do not use official photography or videos, such as the use of avatars on the UF Cards, we do not claim that we are officially licensed or endorsed by any third party.

13.2       Occasionally, the Platforms may contain official photography or videos (such as images or footage of professional footballers). Where this is the case, we do not claim that we own such content, or are officially endorsed by any third party, but rather our use is pursuant to a license agreement in place with the third party in question or an approved licensor.

13.3       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 Platforms including any mobile or other version of it (the “Platform Content”). Those rights are protected by appropriate registrations and applicable laws and treaties.

13.4       You are granted a simple limited and revocable licence to access the Platform Content on our Platforms for the purposes of using your Account and entering Games in accordance with these General 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 General Terms and subsists for so long as you are permitted access to our Platforms, whereafter it automatically ends. No other rights whether, express or implied, are or will be granted to you.

13.5       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.

13.6       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.    PLATFORM CHANGES

14.1       We aim to update the Platforms regularly and may change the content at any time. In some cases, this may involve suspending access to the Platforms in order to make such updates.

15.    FORCE MAJEURE

15.1       We shall not be in breach of these General Terms nor liable for a delay in performing, or failing to perform, any of our obligations under these General Terms if such delay or failure results from events, circumstances or causes beyond our reasonable control.

16.   WAIVER

16.1       Our failure or delay in enforcing or partially enforcing any term of these General 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.

17.    SEVERANCE

17.1       If any court or competent authority finds that any provision (or part provision) of these General 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 General 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.

18.    ASSIGNMENT

18.1       The General 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.

19.    ENGLISH LANGUAGE VERSION

19.1       To the extent that these General 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 General Terms and any non-English versions, the English language version shall prevail.

20.   ENTIRE AGREEMENT

20.1       The General Terms (as amended from time to time) amount to the entire agreement between us with respect to the Platform.

21.   GOVERNING LAW

21.1       We are located in and governed by the laws of England and Wales.

21.2       You agree therefore that, unless mandated otherwise by law, these General 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.

 

 

SCHEDULE 1 PERMITTED TERRITORIES

The current Permitted Territories for each of our Platforms are set out below:

1.          UltimateFan = United Kingdom and Ireland only.

2.          All Pick’em Platforms = All territories worldwide except for: Afghanistan, Albania, Algeria, Argentina, Australia, Austria, Bahamas, Bahrain, Barbados, Belarus, Belgium, Bolivia, Botswana, Bulgaria, Cambodia, China, Colombia, Cuba, Czech Republic, Ethiopia, Ghana, Greece, Guam, Hong Kong, Hungary, Iceland, Indonesia, Iran, Iraq, Israel, Jamaica, Jordan, Kenya, Kuwait, Lebanon, Libya, Lithuania, Macau, Macedonia, Malaysia, Malta, Marshall Islands, Micronesia, Mongolia, Myanmar, Netherlands, Nicaragua, North Korea, Oman, Pakistan, Palestine, Panama, Philippines, Poland, Portugal, Qatar, Romania, Russia, Samoa, Saudi Arabia, Singapore, South Korea, Sri Lanka, Sudan, Syria, Trinidad and Tobago, Turkey, Turkish Republic of North Cyprus, Uganda, Ukraine, United Arab Emirates, US Minor Outlying Islands, US Virgin Islands, Vanuatu, Vatican City, Venezuela, Yemen and Zimbabwe.

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