www.thesportsman.com (the “website”) is a website operated by The Sportsman Communications Limited (“we”, “our”, “us” or “The Sportsman”). We are registered in England and Wales under company number 10574342 and have our registered office at The Spectrum, 56-58 Benson Road, Birchwood, Warrington WA3 7PQ. Our trading address is The Sportsman HQ, 2nd Floor Queens House, Lincoln Square, Manchester, M2 5HT.
These terms and conditions (the “terms”) shall govern our relationship with you and your use of: the website; “The Sportsman” mobile application (the “app”) (together the “platforms”); and competitions delivered through our platforms, which include but are not limited to: Perfect 10; Pick 123; Perfect 6 and Sweepstake (the “competitions”) (additional details in respect of which can be found at terms 4 and 5 of these terms).
For the avoidance of doubt, reference to “you” and “your”, in these terms, shall be reference to any end user accessing, registering and/or using our platforms and/or competitions.
By using our platforms and entering our competitions, you accept these terms in full; accordingly, if you disagree with any part of these terms, you must not use our platforms or enter our competitions. These terms apply to everyone who visits and/or uses our platforms, irrespective of whether or not you open a user account.
There are no age restrictions in using our platforms; however, you must be at least 18 years of age to take part in our competitions.
By taking part in our competitions and agreeing to these terms you warrant and represent to us that you are at least 18 years of age. We may prohibit you from accessing the competitions, at our discretion, should we not be satisfied that this is the case.
Other applicable terms
These terms incorporate the following additional policies, which also apply to your use of our platforms and competitions:
These terms and any additional terms and conditions (including the above policies and any terms and conditions and/or rules in respect of the competitions and any new competitions which we may run) may be amended by us at any time. Every time you wish to use our platforms (including for the purposes of entering competitions), please check these terms to ensure you understand the terms that apply from time to time. These terms may also be superseded by provisions or notices published elsewhere on our platforms.
We work in conjunction with Moneta Communications Limited (a company registered in England and Wales under company number 05208625 with its registered office at Tower House, Parkstone Road, Poole, Dorset, BH15 2JH) (“Moneta”) to provide aspects of the platforms and the competitions.
The content on our platforms and competitions may be changed on a regular basis by us and we are under no obligation to update any out of date content.
Subject to confirmation otherwise by us, our platforms and competitions are made available to the public domain free of charge.
We do not guarantee that our platforms or competitions, or any content on the same, will be free from errors or omissions.
We do not guarantee that our platforms or competitions, or any content on the same, will always be available or uninterrupted and we may suspend or withdraw or restrict the availability of all or any part of our platforms for business and/or operational reasons at any time.
We will not be liable to you if for any reason our platforms or competitions are unavailable at any time.
Only one user account is allowed per person when registering via any of the platforms (for the avoidance of doubt this is one user account across all platforms).
All information provided to us, via the user account registration process, must be complete and accurate.
If you choose or are provided with a user ID code, password or any other information as part of our security and/or registration procedures (in respect of opening a user account or otherwise), you must treat that information as confidential and not disclose it to any third party.
We have the right to disable any user accounts should you fail to comply with these terms.
Competitions & Promotions
Each competition and promotion is open to any persons aged 18 or over (see term 1.4 above, for further details) who are residents in the UK, Isle of Man, Channel Islands and Republic of Ireland.
Only one entry can be entered, per competition or promotion, per person. If we have reasonable grounds to believe multiple accounts have been opened or are being controlled by the same person, all such accounts shall be closed and all entries by such person and/or accounts will be disqualified from participating in any future competitions and receiving any prizes.
Employees of The Sportsman and Moneta directly involved in the operation of the competition and promotion are not eligible to win prizes.
Entry into each competition or promotion will run between dates specified by us and prizes for each competition or promotion will be specified by us and are non-transferable.
We do not accept entries from agents, organised groups, automated computers, incomplete or corrupted entries, or any entries that are not in accordance with these terms (or any terms and conditions or rules in respect of our competitions and promotions which may be introduced by us from time to time).
We do not accept responsibility for any entries lost or delayed because of any network, hardware or software failure. Proof of sending will not be accepted as proof of receipt and any winners shall be determined at our discretion in accordance with these terms and any applicable competition rules.
By entering each competition and promotion, you will be deemed to have accepted and understood these terms and consent to the transfer of your personal data for the purposes of administering the competition and promotion and for any purposes which you may have otherwise consented to. Any user is given the right to withdraw or unsubscribe from any communications (from third parties or otherwise) with us at any time.
In addition to the use specified above, and in relation to our competitions and promotions, we may use the personal details of each competition or promotion winner for the purposes of administering each competition or promotion. As a winner of the competition or promotion, you agree that we may use your name, image and town or county of residence to announce the winner of the relevant competition or promotion and for any other reasonable and related promotional purposes.
Rules and further details in respect of our competitions form part of these terms and can be found here.
Winners will be notified by email or telephone registered on their account.
It is the sole responsibility of each player to ensure that their contact details are up to date and accurate.
Winners will be required to verify their age, identity and any other requested verification information to the satisfaction of us before they are eligible to receive the prize. Any public announcement will be pending verification unless otherwise stated and should not be considered final confirmation.
If the winner is not able, for whatever reason, to accept a prize, verify their registration information to the satisfaction of us, has been found to breach these terms or cannot be contacted within five (5) business working days, we reserve the right to disqualify that player and award the prize to another player, if applicable.
Limitation of Liability
Except in the case of death or personal injury arising from our negligence or in respect of fraud and so far as is permitted by law, we exclude responsibility and all liabilities arising from:
Any postponement, cancellation, delay or changes to the prizes, promotions or relevant fixtures or events (in respect of our competitions or otherwise);
Any technical failures or unavailability of our platforms or competitions;
Obvious errors or omissions relating to the awarding of competition prizes; and
Any act or default of any third party supplier including without limitation errors relating to results, fixtures, applicable events and scoring data.
Please note that we only provide our platforms for domestic and private use. You agree not to use our platforms for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
For the avoidance of doubt, we will not be liable for: any loss of profits, sales, business or revenue, anticipated savings, business opportunity, goodwill or reputation; business interruption; and any indirect or consequential loss or damage.
In the event that we run a competition in conjunction with a third party, the terms and conditions of such third party (whether in relation to a prize relating to that competition or otherwise) may apply to you.
Reliance on Information
The content on our platforms is provided for general information only and it is not intended to amount to advice on which you should rely on.
Whilst we promise to make regular updates to our platforms, we make no representations, warranties or guarantees, whether express or implied, that the content on our platforms is accurate, complete or up-to-date.
We do not guarantee that our platforms will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our platforms and you should use your own virus protection software.
Links and Linking
Where our platforms contain links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked sites or information you may obtain from them. We have no control over the contents of those sites or resources.
You may link to our website home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our website in any site that is not owned by you.
Our website must not be framed on any other site, nor may you create a link to any part of our website other than the website home page.
We reserve the right to withdraw linking permission without notice.
The site in which you are linking must comply in all respects with the content standards set out in term 10, below.
If you wish to link to or make any use of content on our website other than that set out in this term 8, please contact us direct by using our Contact Us page.
We are the owner or the licensee of all intellectual property rights (as defined at term 9.7, below) in our platforms, and in the material published on the same (including but not limited to any content, articles and competitions). Those works are protected by copyright laws and treaties around the world and all such rights are reserved by us.
You may print off one copy, and may download extracts, of any page from our website for your own personal use and reference provided that you do not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and do not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material and/or content on our platforms must always be acknowledged.
Other than as set out at term 9.2 above, we do not grant you any rights or licenses to use any aspect of our platforms and you may not use, copy, reproduce, upload, post, modify, mirror or transmit or in any other media, distribute or create derivative works of any aspect of our platforms. For the avoidance of doubt, you may not use any part of the content on our platforms for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our platforms in breach of these terms, your right to use our platforms will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
“The Sportsman” is an EU registered trade mark of Moneta and you are not permitted to use it without either our or Moneta’s approval.
You must notify us immediately if you become aware of any such breach of this term 9.
In these terms “intellectual property rights” means patents, inventions (whether patentable or not), trademarks, service marks, brands, badges, images (whether in electronic format or otherwise), logos, names, trade names, domain names, database rights, design rights, rights in know-how, confidential information, trade secrets, copyright, moral rights and any other intellectual property or proprietary rights (including rights in computer software), in each case whether registered or unregistered and including applications for the grant of any such rights and any and all forms of protection having equivalent or similar effect anywhere in the world and any rights under licences in relation to any such right.
You may use our platforms only for lawful purposes. You may not use our platforms: in any way that breaches any applicable local, national or international law or regulation or that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; for the purpose of harming or attempting to harm minors in any way; to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out at term 10.6 below; to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You agree: not to reproduce, duplicate, copy or re-sell any part of our platforms in contravention of the provisions of these terms or not to access without authority, interfere with, damage or disrupt:
any part of our platforms;
any equipment or network on which our platforms are stored;
any software used in the provision of our platforms; or
any equipment or network or software owned or used by any third party.
We may from time to time provide interactive services on our platforms, including, without limitation: chat rooms; bulletin boards; or sections giving the ability to submit comments.
We are under no obligation to oversee, monitor or moderate any interactive service we provide on our platforms, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards (as set out at term 10.6, below) whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not infallible. Minors who are using any interactive service should be made aware of the potential risks to them.
The standards set out in this term 10.6 apply to any and all material which you contribute to our platforms (“contributions”), and to any interactive services associated with the same. You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole:
Contributions must: be accurate (where they state facts) and genuinely held (where they state opinions); comply with applicable law in the UK and in any country from which they are posted.
Contributions must not: contain any material which is defamatory of any person or which is obscene, offensive, hateful or inflammatory; promote illegal activity, sexually explicit material, violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; infringe any copyright, database right or trade mark of any other person; be likely to deceive any person or made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety; be likely to harass, upset, embarrass, alarm or annoy any other person; be used to impersonate any person, or to misrepresent your identity or affiliation with any person; give the impression that they emanate from us, if this is not the case; advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
We will determine, in our discretion, whether there has been a breach of this term 10 through your use of our platforms. When there is a breach of this term 10, we may take such action as we deem appropriate.
Failure to comply with this term 10 constitutes a material breach of these terms upon which you are permitted to use our platforms, and may result in our taking all or any of the following actions: immediate, temporary or permanent withdrawal of your right to use any of our platforms; immediate, temporary or permanent removal of any posting or material uploaded by you to our platforms; issue of a warning to you; legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; further legal action against you as determined by us; disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this term 10. The responses described in this term 10 are not limited, and we may take any other action we reasonably deem appropriate.
Applicable Law and Jurisdiction
If you are a consumer, please note that these terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
If you are a business, these terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
Should you wish to provide any feedback about the platforms or competitions, or if you wish to ask us any questions, you have full freedom to contact us by using our Contact Us page.