Man of the Match® - Terms and Conditions
INTERNET Registration plus Forum MMS/Video Uploads,
INTERNET and SMS Voting
1.
These Terms and Conditions set out your entitlement following on from
your registration to the Community (“Registrant”)
2.
To become a registered user of the Website you must first complete the
application with your details and registration will be £5.00 (five
3.
Registrants must be willing to provide Man of the Match Limited (“MOTM”)
with personal details, including but not limited to your full name, your
address, your e-mail address and the football club which you support. If you
are not able to provide this information or cannot meet the criteria, we cannot
accept your registration and please do not use our Website.
4.
Only a natural person can register for membership and all sections of
the online application form must be completed, in full and in the required
format.
5.
Verification of registration will be by email return message to the
Registrant, who can only have one active registration at any time.
6.
Acceptance of registration is at the sole discretion of MOTM and MOTM
reserves the right to refuse to accept registration names that are considered
by MOTM in its sole discretion to be inappropriate or offensive. Unsuitable
names will be deleted and the registration will appear under a default name
chosen by MOTM and communicated to the Registrant.
7.
Any email messages pursuant to clause 5 above that are either
“undeliverable” or that remain undelivered for any reason whatsoever including
but not limited to as a result of server functions, virus, or bugs will
invalidate the registration. MOTM shall not be liable for any email message
which is either not received by the Registrant or wrongfully sent or are
“undeliverable” or remain for any reason undelivered.
8.
MOTM has a no refund policy for registration. MOTM may at its own
discretion and subject to the permanent closure of the MOTM website, make
refunds of registration fees paid for by Registrants to that date. Any such
refunds will take into account the time elapsed from the original payment date
for the full 12 month registration period. See also Clause 28.
WAP Linked
Registration Subscription
1.
To subscribe to the WAP linked Registration service the Entrant must
have an active
2.
On “Your Account” choose “Register for WAP”. Enter your full mobile
number as instructed. You will receive a return SMS message with a unique
verification code. Enter your username and unique verification code to confirm
WAP linked Registration Subscription.
3.
The verification of your mobile number will incur a one off charge of £1
(one
4.
By completing the registration you are agreeing for MOTM to send
information to you by SMS in the future. Should you not wish to receive third
party marketing information by SMS you can uncheck the box.
5.
To unsubscribe to the service, log in to “Your Account” and choose the “unsubscribe”
option.
1.
Terms and Conditions apply as stated within Internet Registration and
Voting.
2.
There is no charge for entering the Forum and uploading videos from a PC
to the Man of the Match® Website. Uploading videos via MMS incurs a
confirmation charge for such upload and will be £1 (one pound), plus standard
network rates. On receipt of the confirmation of MMS upload, there will be no
further charge for that MMS content.
3.
As a Man of the Match® Registrant you may submit video content
("User Videos") and textual content ("User Comments"). User
Videos and User Comments are collectively referred to as "User
Submissions." You understand that whether or not such User Submissions are
published, we do not guarantee any confidentiality with respect to any User
submissions. You shall be solely responsible for your own User Submissions and
the consequences of posting or publishing them. In connection with User
Submissions, you affirm, represent, and/or warrant that: you own or have the
necessary licenses, rights, consents, and permissions to use and authorize us
to use all patent, trademark, trade secret, copyright or other proprietary
rights in and to any and all User Submissions to enable inclusion and use of
the User Submissions in the manner contemplated by the Website and these terms.
For clarity, you retain all of your ownership rights in your User Submissions.
However, by submitting User Submissions to us you hereby grant us a worldwide,
non-exclusive, royalty-free, sublicense able and transferable licence to use, reproduce,
distribute, prepare derivative works of, display, and perform the User
Submissions in connection with the Man of the Match® Website and Man of the
Match® (and its successors' and affiliates') business, including without
limitation for promoting and redistributing part or all of the Man of the
Match® Website (and derivative works thereof) in any media formats and through
any media channels. You also hereby grant each user of the Man of the Match®
Website a non-exclusive license to access your User Submissions through the
Website, and to use, reproduce, distribute, display and perform such User
Submissions as permitted through the functionality of the Website and under
these terms. The above licenses granted by you in User Videos terminate within
a commercially reasonable time after you remove or delete your User Videos from
the Man of the Match® Service. You understand and agree, however, that we may
retain, but not display, distribute, or perform, server copies of User
Submissions that have been removed or deleted. The above licenses granted by
you in User Comments are perpetual and irrevocable. In connection with User
Submissions, you further agree that you will not submit material that is
copyrighted, protected by trade secret or otherwise subject to third party
proprietary rights, including privacy and publicity rights, unless you are the
owner of such rights or have permission from their rightful owner to post the
material and to grant us all of the licence rights granted herein. You agree
that your conduct on the site will follow with the Man of the Match®
guidelines, found in all the Terms and Conditions, which may be updated from
time to time. We do not endorse any User Submission or any opinion,
recommendation, or advice expressed therein, and we expressly disclaim any and
all liability in connection with User Submissions. We do not permit copyright
infringing activities and infringement of intellectual property rights on our
Website, and Man of the Match® will remove all Content and User Submissions if
properly notified that such Content or User Submission infringes on another's
intellectual property rights. Man of the Match® reserves the right to remove
Content and User Submissions without prior notice.
General
1.
We are pleased to welcome you to Vote for Man of the Match® (“the
Game”). We hope that you enjoy participating in the Game.
2.
These terms and conditions in respect of Internet and Short Message
Service (SMS)/Text Message competitions (“Competition”), together with any
specific rules set out on the official websites, www.manofthematch.com or
www.manofthematch.net (“the Websites”) for the Game are the Competition rules
(“Rules”).
3.
These Rules will apply in place of and prevail over any terms or
conditions contained or referred to in any documentation submitted by you or in
correspondence or elsewhere implied by trade custom, practice or course of
dealing.
4.
Participation in the Game via any means, including Internet, WAP link
message (“Entrant”) from “62824” (“Game Number”), implies acceptance to these
Rules and any other conditions relating to the Game published on the Websites.
If you do not agree to be bound by the Rules you may not use or access our
services.
5.
The Game is conducted by Man of the Match Limited,
6.
MOTM reserves the right to cancel or amend the Rules at anytime without
prior notice. Therefore, please regularly review these Terms and Conditions.
7.
In the event of any dispute regarding the Rules, conduct, results,
voting, the operation of the network or phone system and other matters relating
to the Game, the decision of MOTM shall be final and no correspondence or
discussion entered into.
Competition Entry
8.
Entry to the Competition is strictly via Internet, or WAP link from a
9.
WAP Link (
To become an Entrant via WAP link, you must be the owner, or have the consent
of the owner, of a
MOBILE PHONE WAP LINK
MESSAGING
10.
Any Entrant under the age of 16 years of age at the time of entry must
seek parental/guardian permission before participating in the Game. By becoming
an Entrant, you warrant that you are of sufficient age or have sought and
received parental/guardian consent to your participation in the Competition and
you have the permission of the bill payer.
11.
Employees of MOTM and third party agents and members of their immediate
families and households are ineligible to enter the Competition. Any such
entries will be invalid.
12.
MOTM reserves the right to verify the eligibility of all Entrants from
time to time and to disqualify any Entrant if it has reasonable grounds to
believe the Entrant has breached the Rules.
Voting
13.
Entrants are required to send via the Internet or a WAP linked SMS
message to the Game Number as specified, to indicate their vote for a player
who they believe is their Man of the Match® for any match specified on the
Website or WAP site.
14.
All votes will be FREE (subject to standard WAP network rates). The
total cost for WAP voting will therefore be dependent on the Entrant's network.
Charges for entering the voting via mobile phone will depend on the relevant
service provider's rates.
15.
Each Entrant will be charged the costs outlined above whether the
Entrant is the ultimate winner of the Competition or not.
16.
Entrants voting via WAP linked messaging will only be able to enter
their vote using a
17.
Entrants may vote only once for each team game. Entrants can however
vote as many times as they wish, but only once for any other match being
played. Only one winner will be selected for the prize. Only one prize per person
per match is permissible. Eligible entrants will be entered into a draw to win
a prize. Votes must be received by MOTM with 48 hours from the full time of
each selected fixture. Any votes received after that time will not be eligible,
but individual network WAP charges may still apply.
Prizes
18. The Competition prize each match is entry into the end of season MOTM Prize Draw.
19.
The winner shall pay any and all applicable taxes on the prize, if
appropriate.
20.
The winner will be the first entry drawn at random from all those eligible Entrants who have voted for the player,
who has been determined as the Man of the Match®, for that match, as a result
of receiving the most votes. The draw will take place within 72 hours of full
time of the relevant match.
21.
There is only one winner per match and no Entrant is able to win more
than one prize per match day regardless of the number of matches and votes that
they may have entered.
22.
The winner will be notified within two working days following the draw
date and via the email address they provided when registering online or
entering the competition. Failure to respond and/or provide an address for
delivery of the prize, within 7 days of this notification, may result in
forfeiture of the prize and MOTM reserves the right to offer the prize to the
next eligible entrant drawn at random until a winner is found and returns
contact.
23.
MOTM will endeavour to deliver the prize to the winner within twenty
eight (28) days from the date of the draw. MOTM reserves the right to send the
prize to the winner’s address or, should MOTM wish, provide a representative of
MOTM to present the prize to the winner in person at the winner’s address or
any other reasonable location agreed.
24.
No alternative prize will be given and the prize is non-transferable and
non-exchangeable. However, MOTM reserves the right to change the prize due to
circumstances beyond its control.
25.
In the event that the winner does not, or is unable to, comply with and
meet these terms and conditions, MOTM shall be entitled at its discretion to disqualify
the winner, without any further liability to the winner.
Intellectual Property
26.
Each Entrant acknowledges that any and all (including intellectual
property) rights in relation to the Game are the sole and exclusive property of
MOTM. No information or data may be reproduced in any format or used in any way
without the prior written consent of MOTM. MOTM shall be entitled to withhold
consent at its sole discretion.
27.
MOTM reserves the right to introduce new facilities to enhance the Game.
Details of such introductions will be published on the Website and will amend
or vary the Rules and take effect from the date upon which such details are
published on the Website.
Liability
28.
No refund will be made for the cost of Registration or any request for
the SMS or WAP link. MOTM may refuse to award a prize, or seek its recovery, in
the event of non-entitlement under these terms or an Entrant's breach of these
terms, fraud or dishonesty, including but not limited to the use of technology
which enables an Entrant to evade charges when registering online or opting to
enter the Game by way of the SMS WAP link.
29.
The Entrant agrees that no liability shall attach to MOTM as a result of
MOTM varying, amending or waiving the Rules wherever notification of such
modification to the Rules has been made on the Website, or cancellation of the
Game for reasons beyond MOTM’s control and that the exercise of such discretion
shall not result in any compensation being payable or paid to any Registrant or
other person.
30.
MOTM cannot accept any responsibility for any damage, loss, injury or
disappointment suffered by any entrant or as a result of acceptance of any
prize. MOTM cannot guarantee network or Internet access to the Competition and
is not responsible for any problems or technical malfunction of any telephone
network or lines, communication failure of any kind for entries including but
not limited to communications not received) computer on-line systems, servers,
or providers, computer equipment, software failure of any e-mail or entry to be
received on account of technical problems or traffic congestion on the
Internet, telephone lines or at any web site, or any combination thereof,
including any injury or damage to an Entrant’s or any other person's computer
or mobile telephone related to or resulting from participation or downloading
any materials in relation to the Game. By participating in the Game, you agree
that no claim relating to any such loss or injury (including without limitation
special, indirect or consequential losses) shall be asserted against MOTM, its
subsidiary and associated companies, sponsors, affiliates, directors, officers,
employees or agents. Nothing shall exclude MOTM’s liability for death or
personal injury as a result of negligence.
31.
By becoming an Entrant, you agree that no claim shall be asserted
against MOTM, its subsidiary and associate companies, sponsors or affiliates or
any of their respective directors, officers, employees or agents in respect of
any and all losses or injuries (including without limitation special, indirect
or consequential losses or loss of profits), damages, rights, claims or actions
of any kind whatsoever that result from your acceptance or use of the prize.
32.
Without prejudice to each of clauses 26, 27, 28 and 29 above, MOTM in
any event will not be liable to you in respect of any default under these Terms
& Conditions for an aggregate amount in excess of the value of the prize
for the Competition.
33.
You agree to protect, indemnify and save harmless MOTM (and any parent
or subsidiary or employers, officers, directors or agents) from and against any
and all damages, claims, suits, actions, judgments and costs and expenses
whatsoever arising out of or in any way connected with (i)
your acts or omissions on the Website or (ii) any breach of the Rules or (iii)
any third party intellectual property rights.
34.
You acknowledge that MOTM is not responsible for your use of any content
found on the Website. By using the Website you expressly agree that such use is
at your sole risk. You agree that the content is offered “as is” and without
warranties of any kind, either express or implied, to the extent permitted by
law. MOTM reserves the right to monitor any submissions by those who use the
Website but MOTM is not obliged to do so. We disclaim any responsibility for
the content submitted by users on or through any area of the Website including,
without limitation, chat areas, bulletin boards and e-mail. We cannot and do
not seek to limit the opinions and views of users, therefore, such opinions and
views should not be taken to necessarily represent those of MOTM.
Data Protection
35.
MOTM acknowledges that in some circumstances
a.
MOTM (or any third party nominated by the MOTM) may use the winner's
name and image and their comments relating to the prize and competition
experience for reasonable future promotional, marketing and publicity purposes
in any media worldwide without notice or without any fee being paid;
b.
Registrants’ and Entrants' personal data may also be passed to their
mobile phone and Internet service provider or to relevant regulatory bodies,
the police or other authorities in the course of the investigation of any
complaints or suspected unlawful activity or where requested by the phone
provider in connection with the billing arrangements for the competition;
c.
Aggregate, non personal data may also be used for the purpose of undertaking
market research or in facilitating reviews, developments and improvements to
relevant services; and
d.
to send information of offers or services that may be of interest to
that Registrant and Entrant from time to time by email, SMS or post or to pass
that Registrant’s or Entrant's data to carefully selected third parties in
accordance with the marketing preferences that that the Registrant and Entrant
has selected by opting-in to receive such information. A Registrant or Entrant
may opt out of receiving any third party marketing communications from MOTM by
logging into “Your Account” and choosing the relevant unsubscribe option.
Miscellaneous
36.
The Registration, Competition and the Rules do not confer any rights to
any third parties under the Contracts (Rights of Third Parties) Act 1999.
37.
The Registration, Competition and the Rules will be governed by English
Law.
38.
No relationship of agency, partnership, joint venture, employer or
employee is intended to be created between MOTM and the Registrant or Entrant
by virtue of the Registration, Competition and the Rules.
39.
In the event of any clause (or sub-clause) of these Terms &
Conditions shall be void or unenforceable by reason of any provision of
applicable law, it shall be deleted and the remaining provisions hereof shall
continue in full force and effect and, if necessary, be so amended as shall be
necessary to give effect to the spirit of these terms & conditions so far as
possible.
| Pl | W | D | L | +/- | Pts | ||
| 1 | Manchester United | 37 | 26 | 6 | 5 | 56 | 84 |
| 2 | Chelsea | 37 | 25 | 9 | 3 | 39 | 84 |
| 3 | Arsenal | 37 | 23 | 11 | 3 | 42 | 80 |
| 4 | Liverpool | 37 | 20 | 13 | 4 | 37 | 73 |
| 5 | Everton | 37 | 18 | 8 | 11 | 20 | 62 |
| 6 | Aston Villa | 37 | 16 | 11 | 10 | 20 | 59 |
| 7 | Blackburn Rovers | 37 | 15 | 13 | 9 | 5 | 58 |
| 8 | Portsmouth | 37 | 16 | 9 | 12 | 9 | 57 |
| 9 | Manchester City | 37 | 15 | 10 | 12 | -1 | 55 |
| 10 | West Ham United | 37 | 13 | 9 | 15 | -8 | 48 |
| 11 | Tottenham Hotspur | 37 | 11 | 13 | 13 | 7 | 46 |
| 12 | Newcastle United | 37 | 11 | 10 | 16 | -18 | 43 |
| 13 | Wigan Athletic | 37 | 10 | 10 | 17 | -15 | 40 |
| 14 | Middlesbrough | 37 | 9 | 12 | 16 | -17 | 39 |
| 15 | Sunderland | 37 | 11 | 6 | 20 | -22 | 39 |
| 16 | Bolton Wanderers | 37 | 9 | 9 | 19 | -18 | 36 |
| 17 | Fulham | 37 | 7 | 12 | 18 | -23 | 33 |
| 18 | Reading | 37 | 9 | 6 | 22 | -29 | 33 |
| 19 | Birmingham City | 37 | 7 | 11 | 19 | -19 | 32 |
| 20 | Derby County | 37 | 1 | 8 | 28 | -65 | 11 |