Date of last amendment: 22 October 2021, v1.2.
Summary of last update: Typo corrected in paragraph 3.6 and addition of new Platforms.
1. WHO WE ARE
1.1 These terms and conditions of play (“Player Terms”) apply to the following mobile
applications and/or websites (in alphabetical order):
1.1.1 UltimateFan USA – available via Apple App store and Google Play store;
1.1.2 Ultimate Bengals – available via Apple App store and Google Play store;
1.1.3 Ultimate Chargers – launching soon;
1.1.4 Ultimate Jags – available via Apple App store and Google Play store; (each a “Platform” and collectively the “Platforms”)
1.2 Each Platform gives users the opportunity to open packs, collect players, build a fantasy team and enter prize pools where the highest scoring fantasy team win prizes. In these terms, the prize pools, together with any ‘giveaways’ operated are referred to as the “Games”.
1.3 The Platforms are all operated by Low 6 Limited (company number 10799636) incorporated in England and Wales with its registered office address located at 1 Cranmore Drive, Shirley, Solihull, England, B90 4RZ (“we” / “us” / “our”).
1.3.1 For the avoidance of doubt, while some of the 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 any of the Platforms.
1.3.2 Similarly, while a number of the Platforms trade under the brand name of our third party business partners, such partners are not actively involved in the operation and ownership of the Platform.
2. THESE TERMS
2.1 These terms and conditions of play (“Player Terms”) govern your relationship with us and any activity the Platforms. In particular, we wish to draw your attention to paragraphs 7.1 to
7.3 which set out what happens in the event of a technical / human error or malfunction, and paragraph 11.4.1 which limits our liability in this regard.
2.2 Your attention is also drawn to the following which also form part of these Player Terms:
2.2.1 the Game Rules [available via Platform footer];
2.2.2 the Subscription Terms [see immediately below section 21 ]; and
2.2.4 the General Giveaway Terms [see foot of this page].
2.3 For legal purposes, these Player Terms outline the legal ‘contract’ that applies between you and us when you join and access any of the Platforms.
2.4 It is important that you read these Player 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 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 any of the Platforms, 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 you are using.
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 each Platform. 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 / claim any prizes won 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 Platforms by you following any change to the Player Terms (other than to withdraw / claim any prizes won, only) will amount to your unqualified acceptance of the changes.
2.7 Your Account (username and password) may be used to access a number of other mobile applications and websites operated by us which are not listed above (“Other Platform(s)”). 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 away 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 Platforms (and not e.g. companies, institutions, or ‘syndicates’).
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 the warranties given in this section.
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. You confirm / warrant you will not seek to register an Account with us if you are a minor.
3.5 Before you withdraw or claim your first prize, you will be required to verify your identify and prove you are of suitable age. This will involve you sending us a copy of a valid identity document. We may withhold any prizes won until we are reasonably satisfied you have verified your age and identity.
3.6 In order to register an Account with us and access the Platforms, you must not be resident and located in the United States.
3.7 Notwithstanding the above, you are not permitted to access or use our Platforms if you are either:
(a) located in the state of Washington;
(b) an individual with whom US persons or entities are restricted from doing
business under regulations of the Office of Foreign Asset Control (“OFAC”) of
the Department of the Treasury (including those named on OFAC’s Specially
Designated and Blocked Persons List) or under any statute or executive
(c) an individual who is acting, directly or indirectly, of any such person who
falls under (a) or (b) above.
3.7.2 In order to withdraw any winnings:
(a) you will be required to provide a valid identification document and may be
required to provide a valid taxpayer identification number or social security
(b) 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.
3.7.3 All federal, state and local taxes arising from your activity on our Platforms will be solely your responsibility.
3.8 You agree that the mere availability of any Platform in your 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 Platforms in a territory where such activity may be illegal.
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 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
3.11 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 Platforms 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 Platforms, are not permitted to enter any Games on our Platforms at any time during their engagement with us. We shall have sole discretion to determine if you are permitted to enter Games on our Platforms 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 Platforms.
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 any of the Platforms, you must first open an Account by providing the relevant details requested on our registration page. Please note that if you are accessing a Platform via an official rightsholder website, some of your details may be provided to us automatically by that rightsholder as part of the ‘single sign-on’ in order to speed up your sign up process (“Single Sign-On”). Notwithstanding the use Single Sign-On (where applicable) you will still register with us.
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 of the Platforms or the Other Platforms, or via Single Sign-On.
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, unless you are registering via Single Sign-On 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 our 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 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.
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 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 you are using.
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), you will be sent any outstanding prizes / balance, if any, by a method of payment reasonably determined by us.
5. CLAIMING A PRIZE
5.1 If you win a prize, we will email you with instructions on how to claim your prize. You may be required to verify your identity and provide an identification and address document if you have not done so already.
5.2 We reserve the right at all times to investigate your play prior to allowing you to claim any prize. Where (as but one non-exhaustive example) we reasonably suspect, cheating, collusion, fraud, or other playing irregularity, or technical malfunction, then we may withhold any prize, void any suspicious play or transactions, and/or make report to relevant authorities where any criminality or other impropriety is either known or suspected, as we may reasonably deem appropriate.
5.3 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.
6.1 In using the Platform, you may ‘pack’ cards relating to sporting teams or players (“Cards”). These Cards can presently only be used to enter prize pool related Games (see separate Game Rules), subject to any applicable Game restrictions such as only being able to use Cards of a certain type or date.
6.2 Each Card has a unique identifiable number; however, you cannot presently: (i) exchange any Card for a monetary value; (ii) transfer a Card to another user; or (iii) use a Card outside the Platform.
6.3 For the avoidance of any doubt, the Cards do not hold any value and use within Games on the Platform is not guaranteed.
7.1 From time to time, technical malfunctions or human errors may occur which affect a Game, the Platform(s), 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):
7.1.1 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;
7.1.2 errors in the scoring of selections in a Game (for example, if you select that a player will score but are awarded points in a prize pool for that selection when in fact the player did not score);
7.1.3 errors which result in an incorrect prize being advertised for any Game;
7.1.4 errors in the calculation and/or distribution of winnings (for example if winnings are attributed or distributed to you which you are not due).
7.2 If (based on reasonable evidence) we believe that any prize has 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:
7.2.1 if we find that such Erroneous Winnings are not due to a Malfunction, we will process the prize as usual in accordance with these Player Terms;
7.2.2 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
7.2.3 if you are for any reason able to withdraw or claim 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.
7.3 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.
8. AGE AND IDENTITY VERIFICATION
8.1 We reserve the right in our sole discretion to carry out checks to verify your age, identity or eligibility for any Game.
8.2 The checks will ordinarily involve a request for a copy of a photographic identification document and a proof of address document. However, we reserve the right to request copies of additional documentation or further information where we reasonably deem it appropriate to do so.
8.3 Such checks will usually, but not exclusively, be carried out prior to withdrawal or claiming a prize. You agree to comply with any and all such verification requests from us in a prompt and helpful manner, and that we may delay providing any prizes until such further evidence
8.4 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.
8.5 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.
9. GAME PLAY
9.1 From time to time, we provide Games on our Platforms. Games will either be unique to a Platform or be “linked” Games in which users from a number of the Platforms or Other Platforms may also enter – we will indicate where this is the case.
9.2 Where the Games are not a Giveaway, then the Game Rules which are linked in paragraph 2.2.1 will apply.
9.3 Where such Games are a Giveaway, then the General Giveaway Terms which are linked in paragraph 2.2.1 will apply, unless stated otherwise.
We encourage you to read the Game Rules 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.
10. PRIVACY AND PUBLICITY
10.1 If you enter a Game on any of the Platforms, you agree that we, and our selected partners and affiliates, may include and / or announce on the 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 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.
11. LIMITS ON OUR LIABILITY
11.1 The Platforms are 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 any of 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 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.
11.3 You acknowledge that if you make a payment to enter a Game 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 7.1 to 7.3 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.
11.5 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 Platforms and your Account.
11.6 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 Platforms that our maximum liability to You is and will be limited to the lower of:
11.6.1 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
11.6.2 the amount of £1,000.
11.7 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.
11.8 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.
11.9 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 any of our Platforms.
12.1 If you wish to make a complaint you may contact our Customer Service team via email at [email protected]
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 promptly by return email, and begin a investigation of your complaint. The more information you can provide about your complaint, the better this will assist our investigation.
12.4 Following the investigation, the Customer Service team will email you their findings and the outcome.
12.5 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.
12.6 In all cases we will endeavour to resolve your complaints 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 Due to their very nature, the Platforms will often contain third party intellectual property rights (such as images of professional athletes). 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.
13.2 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 Platforms including any mobile or other version of it (the “Platform Content”). Those rights are protected by appropriate registrations and applicable laws and treaties.
13.3 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 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 Platforms, whereafter it automatically ends. No other rights whether, express or implied, are or will be granted to you.
13.4 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.
13.5 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.
13.6 Certain Games on our Platforms may additionally be subject to an end user licence agreement imposed by the originating provider of those Games or software on our Platforms 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.
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 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.
16.1 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.
17.1 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.
18.1 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.
19. ENGLISH LANGUAGE VERSION
19.1 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.
20. ENTIRE AGREEMENT
20.1 The Player Terms (as amended from time to time) amount to the entire agreement between us with respect to the Platforms.
21. GOVERNING LAW
21.1 Unless mandated otherwise by law, these Player Terms shall be governed by the laws of England and Wales.
21.2 These Player Terms shall be subject to the jurisdiction of the courts of England and Wales, unless mandated otherwise by law.
Date of last amendment: 24 September 2021, v1.1
Last update: Pre-launch changes
THE ULTIMATE SUBSCRIPTIONS FREQUENTLY INCLUDE ADDITIONAL PROMOTIONAL PACKS. NO PURCHASE IS NECESSARY IN ORDER TO RECEIVE THE PROMOTIONAL PACKS. WE OFFER A FREE ALTERNATIVE METHOD OF ENTRY (AKA “FAME”) ON OUR WEBSITE FOR ALL PROMOTIONAL PACKS – SEE https://ultimatefan.com/us/entry/. IF YOU WISH TO RECEIVE THE PROMOTIONAL PACKS VIA THE FREE ALTERNATIVE ENTRY METHOD, SIMPLY FILL IN THE FORM ON OUR WEBSITE ANDTHE PROMOTIONAL PACKS WILL APPEAR WITHIN YOUR ULTIMATE ACCOUNT WITHIN 72 HOURS.
PLEASE NOTE THAT YOU ARE ONLY ENTITLED TO PROMOTIONAL PACKS ONCE PER CALENDAR MONTH (IN EQUALITY WITH SUBSCRIBED USERS) AND YOU MUST COMPLETE THE FORM FOR EACH CALENDAR MONTH. PLEASE ALSO NOTE THAT YOU WILL BE UNABLE TO USE THE FREE ALTERNATIVE ENTRY METHOD IN ANY MONTH DURING WHICH YOU HAVE ALREADY PURCHASED A
1. ABOUT THESE TERMS
21.3 This page sets out the terms to any subscriptions on the Platforms (“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.
21.4 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.
21.5 Unless defined here, any capitalised terms shall have the meaning set out in the Player Terms.
21.6 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.
21.7 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 tocagree to such changes then you should terminate your subscription with us.
22. SUBSCRIPTION MEMBERSHIP
22.1 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.
22.2 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”).
22.3 If you unsubscribe before the Renewal Deadline, your subscription will automatically cease on the next Renewal Date (“Subscription End Date”).
22.4 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.
22.5 Your Subscription will ordinarily provide you with benefits available between the Subscription Start Date and the Subscription End Date; however, to the extent that subscription benefits are advertised monthly (for example: ‘July subscribers receive a $7 voucher’) then you will only receive the subscription benefit once you make a payment in that calendar month. For example, if your Renewal Date is 15 July then, even if your Subscription Start Date was 15 June, you will only receive the July subscription benefit after making payment on 15 July. If you cancel your subscription before making payment, you will not receive the July subscription benefit.
22.6 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.
22.7 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 5 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.
22.8 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.
22.9 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.
23. PROMOTIONAL OFFERS
23.1 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.
23.2 We may use information such as device ID, method of payment or an account email address registered with us to determine Offer eligibility.
23.3 The general eligibility requirements and other limitations for any Offers will be disclosed on the subscription page on the Platform.
24. BILLING AND CANCELLATION
24.1 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).
24.2 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.
24.3 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.
24.4 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.
25. SUBSCRIPTION SERVICE
25.1 You must have an active Account on the Platform to subscribe. Accordingly, you must also be at least 18 years of age (or the legal age where you reside) and comply with all other Account eligibility requirements set out in the Player Terms.
25.2 The subscription service is for your personal and non-commercial use only, unless we agree otherwise with you in writing.
25.3 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 2.7 above.
25.4 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.
26.1 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.
26.2 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.
26.3 Governing Law. These Subscription Terms shall, unless mandated otherwise by law, 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 Platforms, 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:
A. These general Giveaway terms (“General Giveaway Terms”);
B. Additional specific rules for each individual Giveaway displayed prominently within advertising (“Specific Giveaway Terms”); and
C. Our general website terms available above (“Website Terms”).
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:
– Low 6 Limited a company registered in England (Company Number 10799636) whose registered office is located at 1 Cranmore Drive, Shirley, Solihull, England, B90 4RZ. The Promoter may from time to time engage third parties such as ‘influencers’ or ‘partners’ 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.
1. Participants are deemed to have accepted and agreed to be bound by each of the General Giveaway Terms, Specific Giveaway Terms and Website Terms upon entry to any Giveaway.
2. If entry to a Giveaway is automatic and it is possible to enter without being aware that the Giveaway is taking place (e.g. the entry mechanic is entry to a Game), then the Giveaway will still take place in accordance with the General Giveaway Terms, Specific Giveaway Terms and Website Terms but you may “opt out” of the Giveaway by contacting our Customer Service team (in practice an “opt out” will mean that we take your name out of the draw or you relinquish any prize won in the event the draw has already taken place).
3. Entry to our Giveaways is open to all UK residents aged 18 years or over, except: (i) those excluded from entering under the Player Terms above.
4. You may only enter our Giveaways on your own behalf. Anyone found to be entering on behalf of another person, using false details and/or acting as agent for a third party will not be eligible to participate in any Giveaway nor claim any prizes claim.
5. The entry mechanism for each Giveaway will be set out in the Specific Giveaway Terms.
6. In general, you will not be required to make a payment or purchase in order to enter any Giveaways. We may occasionally run Giveaways exclusively for purchasers of particular product or entrants to a particular game; however, in such circumstances there will be no additional charge for entering the Giveaway.
7. The opening and closing times and dates will be set out in the Specific Giveaway Terms.
8. Unless stated otherwise in the Specific Giveaway Terms, the maximum number of entries permitted per individual will be one (1).
9. Unless stated otherwise in the Specific Giveaway Terms, there is no cap on the total number of entries overall (from all entrants) for each Giveaway.
10. The Promoter reserves the right to: (i) refuse to accept any entry; (ii) void any entries (and any prize if necessary) in the event of entrant misconduct, fraud, or breach of these terms or Website Terms; or (iii) amend, alter or terminate the Giveaway or any specific entries in the event of circumstances beyond its reasonable control.
11. The Promoter accepts no responsibility or liability for: (i) incomplete entries; nor (ii) any liability or responsibility otherwise arising from each Giveaway in so far as such limitation / exclusion of liability is not prohibited by law.
12. Each Giveaway is in no way affiliated with any social media platform on which it is posted or the manufacturer / seller of anything awarded as a prize.
13. Your Data:
a. by entering you agree that:
i. the Promoter may contact you as necessary if you win including, without
limitation, by telephoning you during any live draw, sending you a private
message or making a post containing your social media username, and that the Promoter may re-post any publications you make regarding the win; and
ii. the Promoter, and its selected partners and affiliates, may include and / or
announce on its website, mobile application, social media channels and / or
elsewhere at its sole discretion the following details if you win a prize in a
Giveaway: (a) your surname; (b) your username; (c) your county; and (d) your Giveaway entry.
14. On a date indicated in the Specific Giveaway Terms, one or more winners (as indicated by Specific Giveaway Terms) will be selected randomly from all eligible entries.
15. The winner(s) of the Giveaway will be determined by a computer at random.
16. The winner(s) will be contacted within five working days using the contact details registered with the Promoter of the Giveaway (if any, or if not, using the medium by which the Giveaway was advertised) and the winner must respond to the Promoter’s communication in order to arrange delivery of the prize(s). If the winner(s) do not respond within a reasonable timeframe (determined by the Promoter taking into account the nature of the prize), the Promoter reserves the right to void the random draw and nominate an alternative winner by recompleting the random draw. Any alternative winner may also be subject to a further reasonable timescale to claim their prize.
17. The surname and county or social media username of the winner will be available to members of the public upon request for one month after the Giveaway has concluded.
18. The Promoter’s decision on any dispute or query regarding the Giveaway will be final.
19. The Specific Giveaway Terms will set out the prize(s) awarded to the winner(s) of the Giveaway and how winner(s) can claim their prizes. Unless stated otherwise, we endeavour to deliver any prize(s) within 45 days.
20. Prizes cannot be exchanged by the winner(s) for ‘cash’ or any other alternative unless specified otherwise in the Specific Giveaway Terms.
21. The Promoter reserves the right to change or substitute the prize(s) for a reasonable equivalent in the event that the prize(s) are not available to the Promoter.
22. The Promoter accepts no responsibility or liability for any costs associated with the prize (e.g. transport, meals, insurance or other incidentals).
23. You are responsible for ensuring that you are both legally eligible and able to receive anyprize(s) advertised (including e.g. accepting delivery or co-ordinating with courier if delivery missed).