Man of the Match® - Terms and Conditions

INTERNET Registration plus Forum MMS/Video Uploads, INTERNET and SMS Voting

Internet Registration

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 UK pounds) entitling you to 12 months membership of the Man of the Match® community.

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.

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WAP Linked Registration Subscription

1.       To subscribe to the WAP linked Registration service the Entrant must have an active UK or ROI mobile phone number.

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 UK pound), plus standard SMS network rates.

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.

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Forum and MMS/Video Uploads

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.

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Internet and WAP Voting

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, 2 Charles St London W1J 5DB UK . (“MOTM”).

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.

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Competition Entry

8.       Entry to the Competition is strictly via Internet, or WAP link from a UK or ROI active mobile phone number.

9.       WAP Link ( UK and ROI Registrants only)
To become an Entrant via WAP link, you must be the owner, or have the consent of the owner, of a UK or ROI contracted mobile phone. Because standard rates for WAP linked messages vary by network, the total cost to the Entrant will be dependent upon the Entrant’s network. Charges will be deducted from available credit time if they are a pre-pay customer, or appear on the monthly statement if a pay monthly customer.

MOBILE PHONE WAP LINK MESSAGING

  • Having registered for WAP linked voting, registrants will receive a WAP linked SMS message each day there is a game being played. The message will enable registrants to vote for all games played that day.
  • Clicking the link on the message will take you to the Man of the Match® WAP site. Choose the games and players you wish to vote for and submit your votes from full time up to 48 hours after the game.
  • MOTM will not charge you to vote via the WAP site; however your airtime provider will apply standard network WAP usage charges.
  • The charge for the WAP linked message service is £1 (one UK pound) once each week, when there are fixtures being played. You will not be charged for any further messages received in that week.

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.

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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 UK or ROI mobile network. However, there is no warranty that the service is available or appropriate for use in any location including locations outside the UK and Republic of Ireland .

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.

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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.

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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.

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Data Protection

35.    MOTM acknowledges that in some circumstances UK data protection legislation may apply from time to time, in respect of personal information relating to you gathered by MOTM. MOTM shall not use any information you provide to us for any purpose other than administering the competition or as set out below:

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.

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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.

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    Pl W D L +/- Pts
1Manchester United3726655684
2Chelsea3725933984
3Arsenal37231134280
4Liverpool37201343773
5Everton37188112062
6Aston Villa371611102059
7Blackburn Rovers3715139558
8Portsmouth3716912957
9Manchester City37151012-155
10West Ham United3713915-848
11Tottenham Hotspur37111313746
12Newcastle United37111016-1843
13Wigan Athletic37101017-1540
14Middlesbrough3791216-1739
15Sunderland3711620-2239
16Bolton Wanderers379919-1836
17Fulham3771218-2333
18Reading379622-2933
19Birmingham City3771119-1932
20Derby County371828-6511


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