T&C
Participant Terms
1. About these Participant Terms
1.1 These Participant Terms set out the terms and conditions on which You access the Website and participate in any Game.
1.2 By registering with the Website, You irrevocably agree to these Participant Terms in their entirety without any amendment or variation.
1.2 By registering with the Website, You irrevocably agree to these Participant Terms in their entirety without any amendment or variation.
2. Definitions
2.1 Capitalised terms used herein shall have the following meanings:
“Brand” means the company whose brand is used as part of the Game and who may contribute Prizes and/or Vouchers, or where multiple brands are used as part of a Game, any of those brands;
“Brand IPR” means all logos, graphics, video content or other textual content belonging to a third party and provided to the Company for inclusion in any Game;
”Company” means The Superfunbrand Company Limited;
“Game” means any web-based quiz game developed by the Company which allows Participants to answer questions to win Prizes and/or Vouchers;
“Participant Terms” means these terms;
“Participant” means a person who has completed the registration form on the Website and has registered to be able to play the Game;
“Prize” means a prize awarded to the Participant who is the winner of a Game. The prize shall be a good or service made available by the Brand or Company at its own cost;
“Voucher” means a discount or promotional voucher awarded to the Participant by the Brand;
“Website” means the web pages through which Participants can access the Game.
3. Acceptance of Terms
3.1 You can register to use the Website and to participate in any Game via Facebook or by entering Your email address and personal details.
3.2 By registering with the Website, You irrevocably accept and agree to be bound by these Participant Terms in their entirety without any amendment or variation.
3.3 The Company may at any time modify these Participant Terms. The Company will notify You of any changes to these Participant Terms either by emailing You (at the email address entered by You on registration with the Website) and/or by posting a notice on the Website. By continuing to use the Website and/or participating in any Game after changes to these Participant Terms are made and notified to You, You agree to be bound by such changes.
3.4 You can review the most current version of these Participant Terms at any time by clicking on the "T&C" link located at the bottom of the Website. It is Your responsibility to ensure that You are familiar with the current Participant Terms. You are advised to check the above link on a regular basis.
4. Eligibility
4.1 A person may only register as a participant if he satisfies the following conditions:
(a) he is at least 18 years of age or older (or, if younger than 18 years of age, has the prior consent of his parent or guardian);
(b) is a US/UK resident or, more generally speaking, of a country where playing the Game is not unlawful;
(c) has not been convicted of any criminal offence involving fraud, dishonesty or misrepresentation; and
(d) is not an employee of the Brand or the Company or a direct family relation of any such employee. For the purposes of this paragraph, direct family relation shall mean a father, mother, step-father, step-mother, brother, sister, step-brother, step-sister, son, daughter, step-son, step-daughter, husband, wife, civil partner or co-habiting partner of an employee.
4.2 Each Participant represents and warrants to each of the Brand and the Company that all information provided by him on registration and at any time thereafter is true, complete and accurate in all material respects. Each Participant undertakes to promptly update such information in the event that it ceases to be true, complete and accurate.
5. No Gambling
5.1 The Game is a game of skill within the meaning of section 14 of the UK Gambling Act 2005 and is not a lottery. This means that a Participant must exhibit a degree of skill in order to stand a chance of winning a Prize or Voucher. Prizes and Vouchers are awarded based on one or more factors. For example, a Prize might be awarded to the Participant who answers all questions correctly in a Game in the fastest time.
5.2 It is the responsibility of the Participant to ensure that he is permitted to play the Game in his jurisdiction. In particular, Participants in the United States must make sure that the Game is lawful in their state. The fact that the Game is available in any location shall not constitute a warranty that playing the Game in lawful in that location.
6. Participating in a Game
6.1 You can participate in any Game entirely for free. At no time during Your user experience will You be asked to pay to continue playing or access certain features of the Game. By participating in a Game, You earn points which can be accumulated to enable You to participate in other Games during which (on correctly answering the requisite number of questions) and meeting any other criteria you can win Prizes, Vouchers and other gifts.
6.2 Points have no monetary value and cannot be redeemed for cash or any other form of consideration. Points are non-transferable.
6.3 Points are awarded by the Company in its sole and absolute discretion. Neither the Company nor the Brand shall be responsible or liable in respect of any loss of points or any error in the calculation or award of points.
6.1 By participating in a Game, the Participant acknowledges and agrees that his/her name may be used in publicity associated with the Game by the Brand and irrevocably authorises the Brand to use his/her name in respect of such publicity.
7. Games, Prizes and Vouchers
7.1 The Participant acknowledges and agrees that the Prize is a gift and that no payment is made by the Participant in respect of the Prize. Similarly a Voucher is a promotional code and provision of a Voucher does not constitute a representation or warranty that the Voucher code will work or that any goods or services will be available with any Voucher. Vouchers may be issued subject to additional terms.
7.2 Prizes are non-refundable, non-returnable and non-transferrable. Vouchers may not be redeemed for cash and may only be redeemed for specified goods and/or services.
7.3 Prizes and Vouchers may be provided by the Brand, however during the beta test release period of a Game, the Company may substitute itself to the Brand. The Company has no responsibility for Prizes or Vouchers and shall not be liable for any defect or problem with any Prize or Voucher. The choice of Prize or Voucher and the frequency at which Prizes or Vouchers are awarded is solely at the discretion of the Brand (or the Company while in beta release period). The Brand or the company may decide to send Game winners e-Certificates for the value of the Prizes instead of sending physical items. The value of those prizes is solely determined by the Brand (or the Company during the beta release period) and may or may not be benchmarked to the Recommended Retail Price of the goods, net of any additional sales tax which may apply in certain jurisdictions. During the beta release period, only winners from the UK and USA will qualify to receive prizes. Players from other countries are not prevented from signing-up to play but cannot claim any prizes in the event they win a Prize Event.
7.4 Any Voucher may be withdrawn by the Company and/or the Brand at any time without notice. No Participant shall have any claim of any nature against the Company or the Brand in the event of any such withdrawal.
8. Game Disputes
8.1 Any decision of the Company regarding the winner of any Game and/or the allocation of any Prize shall be final. By playing any Game, the Participant undertakes and agrees not to challenge the result of any Game and/or the process of makeup of any Game.
8.2 The Company reserves the right to cancel, suspend or withdraw any Game at any time without giving any reason. No Participant shall be entitled to any claim against the Company in respect of any cancelled, suspended or withdrawn Game.
9. Username and Password
9.1 On registering with the Website, You will be asked to choose a username and password. Your username and password are unique to Your account and must be kept confidential.
9.2 You agree and undertake to keep Your username and password confidential, not to disclose Your password to any other person and not to permit any other person to log in to the Website using Your username and password.
9.3 Neither the Company nor the Brand shall be responsible in respect of any unauthorised use of Your account due to You losing or sharing Your username and/or password. In particular, neither the Company nor the Brand shall be required to refund or compensate for any points used by an unauthorised user of Your account or for any Prize or Voucher won by or awarded to any unauthorised user of Your account.
10. Your Conduct
10.1 By downloading and/or using the Website and/or participating in any Game, You agree not to upload, post, e-mail or otherwise send or transmit any material that contains viruses, Trojan horses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Website and/or any Game.
10.2 You agree not to interfere with the servers or networks connected to the Website and/or any Game or to violate any of the procedures, policies or regulations of networks connected to the Website and/or any Game, including these Participant Terms.
10.3 You also agree not to:
(a) attempt to reverse engineer or sell, export, license, modify, copy, distribute or transmit the Website to any third party, or jeopardize the correct functioning of the Website, or otherwise attempt to derive the source code of the software (including the tools, methods, processes and infrastructure) that enables or underlies the Website and/or any Game;
(b) attempt to gain access to secured portions of the Website and/or any Game to which You do not possess access rights;
(c) impersonate any other person while using the Website and/or any Game;
(d) conduct Yourself in a vulgar, offensive, harassing or objectionable manner while using the Website and/or any Game;
(e) resell or export the software associated with the Website and/or any Game;
(f) use the Website and/or any Game to generate unsolicited advertisements or spam; or
(g) use any automatic or manual process to search or harvest information from the Website and/or any Game, or to interfere in any way with the proper functioning of the Website and/or any Game.
11. Company Rights
In providing You with access to the Website and permitting You to participate in Games, the Company reserves the following rights, and in accessing, browsing or otherwise using the Website and/or participating in any Game You grant to the Company and agree that the Company shall have the following rights:
(a) the right to refuse or withdraw Your access to the Website in accordance with applicable laws for any reason at any time (with or without notice) if in the Company’s sole and absolute discretion You violate or breach any of these Participant Terms;
(b) the right to suspend, amend or disable Your account without giving You notice or any reason;
(c) the right to remove or amend any Game without giving You notice or any reason;
(d) the right to amend or update the Website and/or any Game, the number of points capable of being earned, any Prize or these Participant Terms from time to time;
(e) the right to report You to the police or other judicial body if the Company believes in its sole and absolute discretion that Your conduct (whether in using the Website and/or any Game or otherwise) is or may be unlawful.
12. Intellectual Property
12.1 The Company and/or its licensor(s) are the sole owners of the Website and each Game, which includes any software, domains, and content (other than Brand IPR) made available through the Website and/or any Game.
12.2 The Company’s brand, the Website and each Game are protected by UK and International copyright and other intellectual property laws. Without limitation, this means that You may not sell, export, license, modify, copy, distribute or transmit the Website or any Game (or any part of them) or any material provided through the Website or any Game without the Company’s prior express written consent.
12.3 Notwithstanding the foregoing, the copyright and all other intellectual property rights in any Brand IPR shall at all times remain with the Brand.
12.4 “The Superfunbrand Company” and its graphics, logos, icons and service names related to the Website are registered and unregistered trademarks or trade dress of the Company. They may not be used without the Company’s prior express written permission.
12.5 The Brand’s name and its graphics, logos, icons and service names used in any Game are registered and unregistered trademarks or trade dress of the Brand. They may not be used without the Brand’s prior express written permission.
12.6 All other trademarks not owned by the Company or the Brand that appear in connection with the Website and/or any Game are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by the Company or the Brand.
13. Security
Whilst the Company has implemented commercially reasonable technical and organisational measures to secure Your personal information from unauthorised use, it cannot guarantee that unauthorised third parties will never be able to defeat those measures. You acknowledge that You provide Your personal information at Your own risk.
14. Electronic Communications
By accessing the Website and/or Participating in any Game, You consent to receiving electronic communications and notices from The Company. You agree that any notice, agreement, disclosure or other communications that the Company sends to You electronically will satisfy any legal communication requirements, including that such communications be in writing.
15. Privacy
You provide the Company with information when You register with the Website. The Company also collects information both relating to You and to users of the Website and/or Game in general. Any information that You submit or that the Company collects when You are using the Website and/or Game is subject to the Company’s Privacy Policy, the terms of which are hereby incorporated into these Participant Terms.
16. No Warranty and Liability Limit
16.1 The Company provides the Website and any Game "as is" and without any warranty or condition, whether express, implied or statutory. The Company specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement to the extent permissible under the Sale of Goods Act 1979 (as amended).
16.2 The Company assumes no liability or responsibility for any errors or omissions in the Website or any Game; any failures, delays or interruptions in the Website; and any conduct by other users of the Website and/or the Game. The Company shall not be liable for any loss or inability to participate in any Game by reason of a Participant’s loss of internet connection or other disruption to his service.
16.3 The Company shall not be liable in respect of any additional charges or costs incurred by any Participant as a result of participating in any Game including without limitation any data charges or other network charges.
16.4 The Company reserves the right to deliver the Website, and to make available the Game in its sole and absolute discretion.
16.5 In no event shall the Company, its shareholders, directors, officers, employees or agents be liable (jointly or severally) to You for loss of use or any special, incidental, indirect or consequential damages arising out of or in connection with the Website, participation in any Game or these Terms, on any theory of liability, and whether or not advised of the possibility of damage.
16.6 The Company does not seek to exclude liability for death or personal injury caused by its negligence, or fraud or fraudulent misrepresentation on the part of the Company.
16.7 If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
16.8 From time to time You may use or access services, promotions and websites of third parties. In using or accessing third party services, promotions and websites, You agree to be bound by the terms of such third parties governing their services, promotions and websites and hereby acknowledge that the Company shall not be responsible for the provision of services, accuracy of promotions or content of websites belonging or operated by third parties.
16.9 The Company specifically excludes liability for any loss, harm, distress or damage suffered by You or any third party as a result of inaccurate information appearing on the Website.
17. Indemnity
You agree to indemnify and hold the Company and its related companies, and each of their respective shareholders, directors, officers, employees, agents and merchant partners harmless from and against any third-party claim or cause of action, including reasonable attorneys' fees and court costs, arising, directly or indirectly, out of Your breach of these Participant Terms and/or Your violation of any law or the rights of any third party.
18. Disputes
18.1 You agree that these Participant Terms and any claim, dispute or controversy arising out of in connection with these Participant Terms or their subject matter or formation (including non-contractual disputes or claims), the Website, the Game, the Company’s advertising or any related transaction between You and the Company shall be governed by and construed in accordance with English law.
18.2 Any dispute or claim arising out of or in connection with such matters (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.
19. Breach
19.1 If:
(a) You breach any representation, warranty or covenant contained in these Participant Terms or any other provision of these Participant Terms; or
(b) the Company has reasonable grounds to believe that You are in breach of any representation, warranty or covenant;
The Company has the right without notice to:
(a) suspend or terminate the user’s access to the Website and/or the Game without any compensation; and
(b) refuse any and all current or future use of the Website and/or the Game or any other services that may be provided by the Company.
19.2 The Company reserves the right at its sole discretion to:
(a) cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing; and
(b) take whatever action it deems necessary to prevent Your breach of these Participant Terms.
19.3 The Company may disclose Your identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action, and the Company shall not be liable for damages or losses resulting therefrom. You hereby agree not to bring any action or claim against the Company for any such disclosure.
20. Termination
20.1 The Company may change or discontinue the availability of the Website and/or the Game at any time without prior notice. The Company reserves the right to terminate these Participant Terms for any reason, without notice, and these Participant Terms shall automatically terminate in the event that You violate any of the Participant Terms set forth herein (with prejudice to our accumulated rights against You). In the event of any termination, You will immediately cease use of the Website and Game.
20.2 Any unauthorized use of the Website or the Game will result in the automatic termination of the limited license granted by us. The Company reserves the right to terminate the limited license without notice at any time following an unauthorized use by You of the Website and/or the Game.
20.3 You may terminate these Terms by giving the Company no less than 7 days written notice.
21. General
21.1 These Participant Terms are agreed between You and us. No person shall have any rights under or connection with these Participant Terms under the Contracts (Rights of Third Parties) Act 1999.
21.2 If any court or competent authority decides that any term of these Participant Terms is held to be invalid, unlawful or unenforceable to any extent, such term shall, to that extent only, be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by law.
21.3 Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section.
21.4 Our failure to enforce any provision of these Participant Terms shall not constitute a waiver of that or any other provision and will not relieve You from the obligation to comply with such provision.
21.5 You are not permitted to assign, transfer, charge, sub-contract or deal in any other manner with all or any of Your rights under these Participant Terms without our prior express written consent.
21.6 These Participant Terms set forth the entire understanding and agreement between You and the Company with respect to the subject matter hereof.
21.7 These Participant Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England.
21.8 You irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Participant Terms agreement or their subject matter or formation (including non-contractual disputes or claims).
“Brand” means the company whose brand is used as part of the Game and who may contribute Prizes and/or Vouchers, or where multiple brands are used as part of a Game, any of those brands;
“Brand IPR” means all logos, graphics, video content or other textual content belonging to a third party and provided to the Company for inclusion in any Game;
”Company” means The Superfunbrand Company Limited;
“Game” means any web-based quiz game developed by the Company which allows Participants to answer questions to win Prizes and/or Vouchers;
“Participant Terms” means these terms;
“Participant” means a person who has completed the registration form on the Website and has registered to be able to play the Game;
“Prize” means a prize awarded to the Participant who is the winner of a Game. The prize shall be a good or service made available by the Brand or Company at its own cost;
“Voucher” means a discount or promotional voucher awarded to the Participant by the Brand;
“Website” means the web pages through which Participants can access the Game.
3. Acceptance of Terms
3.1 You can register to use the Website and to participate in any Game via Facebook or by entering Your email address and personal details.
3.2 By registering with the Website, You irrevocably accept and agree to be bound by these Participant Terms in their entirety without any amendment or variation.
3.3 The Company may at any time modify these Participant Terms. The Company will notify You of any changes to these Participant Terms either by emailing You (at the email address entered by You on registration with the Website) and/or by posting a notice on the Website. By continuing to use the Website and/or participating in any Game after changes to these Participant Terms are made and notified to You, You agree to be bound by such changes.
3.4 You can review the most current version of these Participant Terms at any time by clicking on the "T&C" link located at the bottom of the Website. It is Your responsibility to ensure that You are familiar with the current Participant Terms. You are advised to check the above link on a regular basis.
4. Eligibility
4.1 A person may only register as a participant if he satisfies the following conditions:
(a) he is at least 18 years of age or older (or, if younger than 18 years of age, has the prior consent of his parent or guardian);
(b) is a US/UK resident or, more generally speaking, of a country where playing the Game is not unlawful;
(c) has not been convicted of any criminal offence involving fraud, dishonesty or misrepresentation; and
(d) is not an employee of the Brand or the Company or a direct family relation of any such employee. For the purposes of this paragraph, direct family relation shall mean a father, mother, step-father, step-mother, brother, sister, step-brother, step-sister, son, daughter, step-son, step-daughter, husband, wife, civil partner or co-habiting partner of an employee.
4.2 Each Participant represents and warrants to each of the Brand and the Company that all information provided by him on registration and at any time thereafter is true, complete and accurate in all material respects. Each Participant undertakes to promptly update such information in the event that it ceases to be true, complete and accurate.
5. No Gambling
5.1 The Game is a game of skill within the meaning of section 14 of the UK Gambling Act 2005 and is not a lottery. This means that a Participant must exhibit a degree of skill in order to stand a chance of winning a Prize or Voucher. Prizes and Vouchers are awarded based on one or more factors. For example, a Prize might be awarded to the Participant who answers all questions correctly in a Game in the fastest time.
5.2 It is the responsibility of the Participant to ensure that he is permitted to play the Game in his jurisdiction. In particular, Participants in the United States must make sure that the Game is lawful in their state. The fact that the Game is available in any location shall not constitute a warranty that playing the Game in lawful in that location.
6. Participating in a Game
6.1 You can participate in any Game entirely for free. At no time during Your user experience will You be asked to pay to continue playing or access certain features of the Game. By participating in a Game, You earn points which can be accumulated to enable You to participate in other Games during which (on correctly answering the requisite number of questions) and meeting any other criteria you can win Prizes, Vouchers and other gifts.
6.2 Points have no monetary value and cannot be redeemed for cash or any other form of consideration. Points are non-transferable.
6.3 Points are awarded by the Company in its sole and absolute discretion. Neither the Company nor the Brand shall be responsible or liable in respect of any loss of points or any error in the calculation or award of points.
6.1 By participating in a Game, the Participant acknowledges and agrees that his/her name may be used in publicity associated with the Game by the Brand and irrevocably authorises the Brand to use his/her name in respect of such publicity.
7. Games, Prizes and Vouchers
7.1 The Participant acknowledges and agrees that the Prize is a gift and that no payment is made by the Participant in respect of the Prize. Similarly a Voucher is a promotional code and provision of a Voucher does not constitute a representation or warranty that the Voucher code will work or that any goods or services will be available with any Voucher. Vouchers may be issued subject to additional terms.
7.2 Prizes are non-refundable, non-returnable and non-transferrable. Vouchers may not be redeemed for cash and may only be redeemed for specified goods and/or services.
7.3 Prizes and Vouchers may be provided by the Brand, however during the beta test release period of a Game, the Company may substitute itself to the Brand. The Company has no responsibility for Prizes or Vouchers and shall not be liable for any defect or problem with any Prize or Voucher. The choice of Prize or Voucher and the frequency at which Prizes or Vouchers are awarded is solely at the discretion of the Brand (or the Company while in beta release period). The Brand or the company may decide to send Game winners e-Certificates for the value of the Prizes instead of sending physical items. The value of those prizes is solely determined by the Brand (or the Company during the beta release period) and may or may not be benchmarked to the Recommended Retail Price of the goods, net of any additional sales tax which may apply in certain jurisdictions. During the beta release period, only winners from the UK and USA will qualify to receive prizes. Players from other countries are not prevented from signing-up to play but cannot claim any prizes in the event they win a Prize Event.
7.4 Any Voucher may be withdrawn by the Company and/or the Brand at any time without notice. No Participant shall have any claim of any nature against the Company or the Brand in the event of any such withdrawal.
8. Game Disputes
8.1 Any decision of the Company regarding the winner of any Game and/or the allocation of any Prize shall be final. By playing any Game, the Participant undertakes and agrees not to challenge the result of any Game and/or the process of makeup of any Game.
8.2 The Company reserves the right to cancel, suspend or withdraw any Game at any time without giving any reason. No Participant shall be entitled to any claim against the Company in respect of any cancelled, suspended or withdrawn Game.
9. Username and Password
9.1 On registering with the Website, You will be asked to choose a username and password. Your username and password are unique to Your account and must be kept confidential.
9.2 You agree and undertake to keep Your username and password confidential, not to disclose Your password to any other person and not to permit any other person to log in to the Website using Your username and password.
9.3 Neither the Company nor the Brand shall be responsible in respect of any unauthorised use of Your account due to You losing or sharing Your username and/or password. In particular, neither the Company nor the Brand shall be required to refund or compensate for any points used by an unauthorised user of Your account or for any Prize or Voucher won by or awarded to any unauthorised user of Your account.
10. Your Conduct
10.1 By downloading and/or using the Website and/or participating in any Game, You agree not to upload, post, e-mail or otherwise send or transmit any material that contains viruses, Trojan horses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Website and/or any Game.
10.2 You agree not to interfere with the servers or networks connected to the Website and/or any Game or to violate any of the procedures, policies or regulations of networks connected to the Website and/or any Game, including these Participant Terms.
10.3 You also agree not to:
(a) attempt to reverse engineer or sell, export, license, modify, copy, distribute or transmit the Website to any third party, or jeopardize the correct functioning of the Website, or otherwise attempt to derive the source code of the software (including the tools, methods, processes and infrastructure) that enables or underlies the Website and/or any Game;
(b) attempt to gain access to secured portions of the Website and/or any Game to which You do not possess access rights;
(c) impersonate any other person while using the Website and/or any Game;
(d) conduct Yourself in a vulgar, offensive, harassing or objectionable manner while using the Website and/or any Game;
(e) resell or export the software associated with the Website and/or any Game;
(f) use the Website and/or any Game to generate unsolicited advertisements or spam; or
(g) use any automatic or manual process to search or harvest information from the Website and/or any Game, or to interfere in any way with the proper functioning of the Website and/or any Game.
11. Company Rights
In providing You with access to the Website and permitting You to participate in Games, the Company reserves the following rights, and in accessing, browsing or otherwise using the Website and/or participating in any Game You grant to the Company and agree that the Company shall have the following rights:
(a) the right to refuse or withdraw Your access to the Website in accordance with applicable laws for any reason at any time (with or without notice) if in the Company’s sole and absolute discretion You violate or breach any of these Participant Terms;
(b) the right to suspend, amend or disable Your account without giving You notice or any reason;
(c) the right to remove or amend any Game without giving You notice or any reason;
(d) the right to amend or update the Website and/or any Game, the number of points capable of being earned, any Prize or these Participant Terms from time to time;
(e) the right to report You to the police or other judicial body if the Company believes in its sole and absolute discretion that Your conduct (whether in using the Website and/or any Game or otherwise) is or may be unlawful.
12. Intellectual Property
12.1 The Company and/or its licensor(s) are the sole owners of the Website and each Game, which includes any software, domains, and content (other than Brand IPR) made available through the Website and/or any Game.
12.2 The Company’s brand, the Website and each Game are protected by UK and International copyright and other intellectual property laws. Without limitation, this means that You may not sell, export, license, modify, copy, distribute or transmit the Website or any Game (or any part of them) or any material provided through the Website or any Game without the Company’s prior express written consent.
12.3 Notwithstanding the foregoing, the copyright and all other intellectual property rights in any Brand IPR shall at all times remain with the Brand.
12.4 “The Superfunbrand Company” and its graphics, logos, icons and service names related to the Website are registered and unregistered trademarks or trade dress of the Company. They may not be used without the Company’s prior express written permission.
12.5 The Brand’s name and its graphics, logos, icons and service names used in any Game are registered and unregistered trademarks or trade dress of the Brand. They may not be used without the Brand’s prior express written permission.
12.6 All other trademarks not owned by the Company or the Brand that appear in connection with the Website and/or any Game are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by the Company or the Brand.
13. Security
Whilst the Company has implemented commercially reasonable technical and organisational measures to secure Your personal information from unauthorised use, it cannot guarantee that unauthorised third parties will never be able to defeat those measures. You acknowledge that You provide Your personal information at Your own risk.
14. Electronic Communications
By accessing the Website and/or Participating in any Game, You consent to receiving electronic communications and notices from The Company. You agree that any notice, agreement, disclosure or other communications that the Company sends to You electronically will satisfy any legal communication requirements, including that such communications be in writing.
15. Privacy
You provide the Company with information when You register with the Website. The Company also collects information both relating to You and to users of the Website and/or Game in general. Any information that You submit or that the Company collects when You are using the Website and/or Game is subject to the Company’s Privacy Policy, the terms of which are hereby incorporated into these Participant Terms.
16. No Warranty and Liability Limit
16.1 The Company provides the Website and any Game "as is" and without any warranty or condition, whether express, implied or statutory. The Company specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement to the extent permissible under the Sale of Goods Act 1979 (as amended).
16.2 The Company assumes no liability or responsibility for any errors or omissions in the Website or any Game; any failures, delays or interruptions in the Website; and any conduct by other users of the Website and/or the Game. The Company shall not be liable for any loss or inability to participate in any Game by reason of a Participant’s loss of internet connection or other disruption to his service.
16.3 The Company shall not be liable in respect of any additional charges or costs incurred by any Participant as a result of participating in any Game including without limitation any data charges or other network charges.
16.4 The Company reserves the right to deliver the Website, and to make available the Game in its sole and absolute discretion.
16.5 In no event shall the Company, its shareholders, directors, officers, employees or agents be liable (jointly or severally) to You for loss of use or any special, incidental, indirect or consequential damages arising out of or in connection with the Website, participation in any Game or these Terms, on any theory of liability, and whether or not advised of the possibility of damage.
16.6 The Company does not seek to exclude liability for death or personal injury caused by its negligence, or fraud or fraudulent misrepresentation on the part of the Company.
16.7 If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
16.8 From time to time You may use or access services, promotions and websites of third parties. In using or accessing third party services, promotions and websites, You agree to be bound by the terms of such third parties governing their services, promotions and websites and hereby acknowledge that the Company shall not be responsible for the provision of services, accuracy of promotions or content of websites belonging or operated by third parties.
16.9 The Company specifically excludes liability for any loss, harm, distress or damage suffered by You or any third party as a result of inaccurate information appearing on the Website.
17. Indemnity
You agree to indemnify and hold the Company and its related companies, and each of their respective shareholders, directors, officers, employees, agents and merchant partners harmless from and against any third-party claim or cause of action, including reasonable attorneys' fees and court costs, arising, directly or indirectly, out of Your breach of these Participant Terms and/or Your violation of any law or the rights of any third party.
18. Disputes
18.1 You agree that these Participant Terms and any claim, dispute or controversy arising out of in connection with these Participant Terms or their subject matter or formation (including non-contractual disputes or claims), the Website, the Game, the Company’s advertising or any related transaction between You and the Company shall be governed by and construed in accordance with English law.
18.2 Any dispute or claim arising out of or in connection with such matters (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.
19. Breach
19.1 If:
(a) You breach any representation, warranty or covenant contained in these Participant Terms or any other provision of these Participant Terms; or
(b) the Company has reasonable grounds to believe that You are in breach of any representation, warranty or covenant;
The Company has the right without notice to:
(a) suspend or terminate the user’s access to the Website and/or the Game without any compensation; and
(b) refuse any and all current or future use of the Website and/or the Game or any other services that may be provided by the Company.
19.2 The Company reserves the right at its sole discretion to:
(a) cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing; and
(b) take whatever action it deems necessary to prevent Your breach of these Participant Terms.
19.3 The Company may disclose Your identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action, and the Company shall not be liable for damages or losses resulting therefrom. You hereby agree not to bring any action or claim against the Company for any such disclosure.
20. Termination
20.1 The Company may change or discontinue the availability of the Website and/or the Game at any time without prior notice. The Company reserves the right to terminate these Participant Terms for any reason, without notice, and these Participant Terms shall automatically terminate in the event that You violate any of the Participant Terms set forth herein (with prejudice to our accumulated rights against You). In the event of any termination, You will immediately cease use of the Website and Game.
20.2 Any unauthorized use of the Website or the Game will result in the automatic termination of the limited license granted by us. The Company reserves the right to terminate the limited license without notice at any time following an unauthorized use by You of the Website and/or the Game.
20.3 You may terminate these Terms by giving the Company no less than 7 days written notice.
21. General
21.1 These Participant Terms are agreed between You and us. No person shall have any rights under or connection with these Participant Terms under the Contracts (Rights of Third Parties) Act 1999.
21.2 If any court or competent authority decides that any term of these Participant Terms is held to be invalid, unlawful or unenforceable to any extent, such term shall, to that extent only, be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by law.
21.3 Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section.
21.4 Our failure to enforce any provision of these Participant Terms shall not constitute a waiver of that or any other provision and will not relieve You from the obligation to comply with such provision.
21.5 You are not permitted to assign, transfer, charge, sub-contract or deal in any other manner with all or any of Your rights under these Participant Terms without our prior express written consent.
21.6 These Participant Terms set forth the entire understanding and agreement between You and the Company with respect to the subject matter hereof.
21.7 These Participant Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England.
21.8 You irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Participant Terms agreement or their subject matter or formation (including non-contractual disputes or claims).
Privacy Policy
1. Introduction
1.1 We are THE SUPERFUNBRAND COMPANY LIMITED (referred to as "we", “us” and “SFB”) and we are committed to protecting and respecting your privacy when you are (i) visiting any website maintained by us including without limitation the website at www.sfbcompany.com, our social networking pages and when playing our Game (together the “Game”), in each case as we may publish and operate from time to time or (ii) communicating electronically with us.
1.2 Capitalised terms not otherwise defined in this Privacy Policy shall have the meanings given in the Participant Terms.
1.3 This policy (together with the Participant Terms which can be found on the Game) explains what types of personal and non-personal information we collect when you use the Game and the basis on which any personal data we collect from you, or that you provide to us, will be processed by us.
1.4 Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By disclosing your personal information to us by using the Game, speaking to us over the telephone you consent to the collection, storage and processing of your personal information as stated in this policy.
1.5 SFB uses the personal information we collect from you to provide our service to you. We will not rent, sell or share your personal information with any other company for its own marketing purposes without your consent except where mentioned in this policy.
1.6 For the purpose of the Data Protection Act 1998 (the Act), the data controller is THE SUPERFUNBRAND COMPANY LIMITED of 256 Trinity Road, Highfield House, London SW18 3RQ which is registered with the ICO with registered number 08325522.
2. What personal information do we collect ?
2.1 We may collect, store and use the following kinds of personal information:
(a) if you register as a user of the Game, you will be asked to complete a form which will require you to provide some or all of your name, address, email address, gender, date of birth, marital status,
(b) when you contact us by email or telephone or through any contact form provided on the Game, we may ask you to provide some or all of the information set out in paragraph (a) above;
(c) we may collect, store and use information about your computer, mobile device or other item of hardware through which you access the Game and your visits to and use of the Game (including without limitation your IP address, geographical location, browser/platform type and version, Internet Service Provider, operating system, referral source/exit pages, length of visit, page views, Game navigation and search terms that you use);
(d) in order to improve your experience in using the Game, we may store information relating to your previous browsing habits in order to select and suggest Goods that may be of interest to you; and
(e) if you access the Game through a social networking profile, we may collect, store and use the details of that social networking profile and any information contained therein in order to populate any forms you might wish to complete.
2.2 We may also ask you to complete surveys and give feedback that we use for research purposes, although you do not have to respond to them.
3. How do we use personal information ?
3.1 We may use your personal information for the following purposes:
(a) to manage and administer the Game;
(b) to improve your browsing experience;
(c) to enable you to use the Game;
(d) to enable the Brand to deliver any Prize or Voucher to you that you have won;
(e) to send you newsletters and other relevant and targeted promotional communications;
(f) to deal with enquiries, complaints and feedback from you and our service providers;
(g) to provide third parties with statistical anonymised information about our users;
(h) to send you emails offering you to take part in a survey and/or give feedback.
4. When might we disclose personal information ?
4.1 Except to the extent required by any applicable law or governmental or judicial body, and as set out below, we will not disclose your personal information to any third party. The exceptions to this rule are that we may disclose your personal information to a Brand. In addition, we may disclose your personal information to a service provider to whom we are required to disclose personal information in order for them to provide their services to us.
4.2 We use reasonable endeavours to procure that Brands with whom we work are compliant with the Data Protection Act 1998. We are not responsible for any breach of any such legislation or any applicable standards by any Brand.
5. Newsletters and other promotional communications
If you wish to subscribe to any newsletter published by us or wish to receive other targeted and relevant promotional communications from us or other carefully chosen affiliates, we offer you the option to “opt-in” to this service. If you change your mind and wish to stop receiving any such communications, please either email us or click the “unsubscribe” link in any email from us.
6. Our use of cookies and web beacons
6.1 Cookies are text files stored, either on a temporary or persistent basis on the hard drive of your computer. Cookies are used for authenticating, session tracking and maintaining specific information about the use and users of the Game.
6.2 The data collected by cookies is anonymous. You can delete all cookies that are already on your computer's hard drive by searching for files with "cookie" in it and deleting them. In addition, if you want to stop cookies from being stored on your computer, you can edit your browser settings so that cookies are blocked. Unfortunately, if you block cookies you may not be able to use the full functionality of the Game. For more information about cookies, please visit: www.allaboutcookies.org
6.3 Web beacons consist of a small string of software code that represents a graphic image request on a page or email. There may or may not be a visible graphic image associated with the web beacon and often the image is designed to blend into the background of a page or email. Web beacons can be used for many purposes - including site traffic reporting, unique visitor counts, advertising auditing and reporting, and personalization. Web beacons used by the Game collect only anonymous data.
6.4 In order to improve the Game and the services we offer you, we may use (temporary and persistent) cookies, authorized third parties cookies, web beacons and/or other technologies to collect non-personally identifiable data. This non-personally identifiable data helps us to track browsing behavior, to create specific or tailor-made offers or advertisements, and to monitor and record the visits and use of the Game.
6.5 In order to understand how people use the Game and for marketing analysis and quality improvement purposes, we (and/or third party service providers) may collect, record, process and use on an anonymous basis certain information (including the total number of transactions, viewed pages, referring/exit pages, platform type, date/time stamp information and details like the number and location of mouse clicks on a given page, mouse movements, scrolling activity and the search words you use while being on and using the Game.
6.6 If you register with us or if you continue to use the Game, you agree to our use of cookies.
7. Where we store your personal data
7.1 The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by staff operating outside the EEA who work for us or for one of our Brands. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy.
7.2 All information you provide to us is stored on our secure servers.
7.3 We take the security of your personal data very seriously. In particular we use all reasonable endeavours to ensure that appropriate security measures are in place to protect your personal data. Unfortunately, the transmission of information via the internet is not completely secure and so we cannot guarantee the security of your data transmitted through the Game; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
8. Links to Third Party websites
The Game may include links to third party websites. We are not responsible for the content of third party websites. Please ensure that prior to using any such website, you have read and understood its Privacy Policy and Terms and Conditions. These documents will govern your rights and obligations when using the relevant third party website.
9. Your rights
The Act gives you the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us by email.
10. Access to information
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
11. Changes to our Privacy Policy
We reserve the right to amend this Privacy Policy. Any changes we may make to our Privacy Policy in the future will be posted on this page and, where appropriate, notified to you by e-mail.
1.1 We are THE SUPERFUNBRAND COMPANY LIMITED (referred to as "we", “us” and “SFB”) and we are committed to protecting and respecting your privacy when you are (i) visiting any website maintained by us including without limitation the website at www.sfbcompany.com, our social networking pages and when playing our Game (together the “Game”), in each case as we may publish and operate from time to time or (ii) communicating electronically with us.
1.2 Capitalised terms not otherwise defined in this Privacy Policy shall have the meanings given in the Participant Terms.
1.3 This policy (together with the Participant Terms which can be found on the Game) explains what types of personal and non-personal information we collect when you use the Game and the basis on which any personal data we collect from you, or that you provide to us, will be processed by us.
1.4 Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By disclosing your personal information to us by using the Game, speaking to us over the telephone you consent to the collection, storage and processing of your personal information as stated in this policy.
1.5 SFB uses the personal information we collect from you to provide our service to you. We will not rent, sell or share your personal information with any other company for its own marketing purposes without your consent except where mentioned in this policy.
1.6 For the purpose of the Data Protection Act 1998 (the Act), the data controller is THE SUPERFUNBRAND COMPANY LIMITED of 256 Trinity Road, Highfield House, London SW18 3RQ which is registered with the ICO with registered number 08325522.
2. What personal information do we collect ?
2.1 We may collect, store and use the following kinds of personal information:
(a) if you register as a user of the Game, you will be asked to complete a form which will require you to provide some or all of your name, address, email address, gender, date of birth, marital status,
(b) when you contact us by email or telephone or through any contact form provided on the Game, we may ask you to provide some or all of the information set out in paragraph (a) above;
(c) we may collect, store and use information about your computer, mobile device or other item of hardware through which you access the Game and your visits to and use of the Game (including without limitation your IP address, geographical location, browser/platform type and version, Internet Service Provider, operating system, referral source/exit pages, length of visit, page views, Game navigation and search terms that you use);
(d) in order to improve your experience in using the Game, we may store information relating to your previous browsing habits in order to select and suggest Goods that may be of interest to you; and
(e) if you access the Game through a social networking profile, we may collect, store and use the details of that social networking profile and any information contained therein in order to populate any forms you might wish to complete.
2.2 We may also ask you to complete surveys and give feedback that we use for research purposes, although you do not have to respond to them.
3. How do we use personal information ?
3.1 We may use your personal information for the following purposes:
(a) to manage and administer the Game;
(b) to improve your browsing experience;
(c) to enable you to use the Game;
(d) to enable the Brand to deliver any Prize or Voucher to you that you have won;
(e) to send you newsletters and other relevant and targeted promotional communications;
(f) to deal with enquiries, complaints and feedback from you and our service providers;
(g) to provide third parties with statistical anonymised information about our users;
(h) to send you emails offering you to take part in a survey and/or give feedback.
4. When might we disclose personal information ?
4.1 Except to the extent required by any applicable law or governmental or judicial body, and as set out below, we will not disclose your personal information to any third party. The exceptions to this rule are that we may disclose your personal information to a Brand. In addition, we may disclose your personal information to a service provider to whom we are required to disclose personal information in order for them to provide their services to us.
4.2 We use reasonable endeavours to procure that Brands with whom we work are compliant with the Data Protection Act 1998. We are not responsible for any breach of any such legislation or any applicable standards by any Brand.
5. Newsletters and other promotional communications
If you wish to subscribe to any newsletter published by us or wish to receive other targeted and relevant promotional communications from us or other carefully chosen affiliates, we offer you the option to “opt-in” to this service. If you change your mind and wish to stop receiving any such communications, please either email us or click the “unsubscribe” link in any email from us.
6. Our use of cookies and web beacons
6.1 Cookies are text files stored, either on a temporary or persistent basis on the hard drive of your computer. Cookies are used for authenticating, session tracking and maintaining specific information about the use and users of the Game.
6.2 The data collected by cookies is anonymous. You can delete all cookies that are already on your computer's hard drive by searching for files with "cookie" in it and deleting them. In addition, if you want to stop cookies from being stored on your computer, you can edit your browser settings so that cookies are blocked. Unfortunately, if you block cookies you may not be able to use the full functionality of the Game. For more information about cookies, please visit: www.allaboutcookies.org
6.3 Web beacons consist of a small string of software code that represents a graphic image request on a page or email. There may or may not be a visible graphic image associated with the web beacon and often the image is designed to blend into the background of a page or email. Web beacons can be used for many purposes - including site traffic reporting, unique visitor counts, advertising auditing and reporting, and personalization. Web beacons used by the Game collect only anonymous data.
6.4 In order to improve the Game and the services we offer you, we may use (temporary and persistent) cookies, authorized third parties cookies, web beacons and/or other technologies to collect non-personally identifiable data. This non-personally identifiable data helps us to track browsing behavior, to create specific or tailor-made offers or advertisements, and to monitor and record the visits and use of the Game.
6.5 In order to understand how people use the Game and for marketing analysis and quality improvement purposes, we (and/or third party service providers) may collect, record, process and use on an anonymous basis certain information (including the total number of transactions, viewed pages, referring/exit pages, platform type, date/time stamp information and details like the number and location of mouse clicks on a given page, mouse movements, scrolling activity and the search words you use while being on and using the Game.
6.6 If you register with us or if you continue to use the Game, you agree to our use of cookies.
7. Where we store your personal data
7.1 The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by staff operating outside the EEA who work for us or for one of our Brands. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy.
7.2 All information you provide to us is stored on our secure servers.
7.3 We take the security of your personal data very seriously. In particular we use all reasonable endeavours to ensure that appropriate security measures are in place to protect your personal data. Unfortunately, the transmission of information via the internet is not completely secure and so we cannot guarantee the security of your data transmitted through the Game; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
8. Links to Third Party websites
The Game may include links to third party websites. We are not responsible for the content of third party websites. Please ensure that prior to using any such website, you have read and understood its Privacy Policy and Terms and Conditions. These documents will govern your rights and obligations when using the relevant third party website.
9. Your rights
The Act gives you the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us by email.
10. Access to information
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
11. Changes to our Privacy Policy
We reserve the right to amend this Privacy Policy. Any changes we may make to our Privacy Policy in the future will be posted on this page and, where appropriate, notified to you by e-mail.