www.kickoff.co.uk (the “Website”) is provided by Sidan Media Limited a company registered in England (Company No. 03174984), with a registered address at 2nd Floor, 38 Warren St, London W1T 6AE (“we”, “us” or “our”).
These are the terms and conditions (the “Conditions”), which apply to the use of the Website by you (“Users”). By accessing the Website, you agree to be bound by the Conditions. The Website is provided for the benefit of Users [who are over the age of 18]. If you [are not over the age of 18 or] do not agree to be bound by the Conditions, you may not use or access the Website and we will have the right to restrict or prevent your access to the Website.
You will not:
use the Website (or any part of it) for any illegal purpose and agree to use it in accordance with all relevant laws;
upload or transmit through the Website (i) any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or (ii) any material which is defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety;
use the Website in a manner which (i) may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired or (ii) violates or infringes the rights of any person, firm or company (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy); and
create or publish a hypertext link to any part of the Website or attempt any unauthorised access to any part or component of the Website .
We reserve the right to:
modify or withdraw, temporarily or permanently, the Website (or any part of it) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website ; and/or
change these Conditions from time to time. Your continued use of the Website (or any part of it) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website; and/or
monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints relating to the Website and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).
We will use our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website because of a failure, suspension or withdrawal of all or part of the Website for any reason.
YOUR PERSONAL INFORMATION
We respect your personal information and shall deal with it in accordance with our Privacy Statement and applicable UK Data Protection legislation in place from time to time. Please use this link to review our Privacy Statement.
LINKS TO OTHER WEBSITES
We may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources. The use of any links to other websites and resources is entirely at your own risk and it is your responsibility to check and comply with the terms and conditions of any linked web sites visited.
LIMITATION OF LIABILITY
Whilst we will use reasonable endeavours to verify the accuracy of any information we place on the Website we make no warranties, whether express or implied in relation to its accuracy.
Opinions given and forecasts made represent the views of Kickoff.co.uk only. You acknowledge that we shall have no liability of any kind whatsoever arising out of any betting decisions that you make as a result of viewing the website.
The Website is provided on an “as is” and “as available” basis without any representation or endorsement. Unless specified in separate terms and conditions relating to a particular [product or] service, we make no warranties of any kind, whether express or implied, in relation to the Website, [or products or services offered on the Website] whether by us or on our behalf including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage [or trade].
Unless specified in separate terms and conditions related to a particular [product or] service, we make no warranty that the Website [or products] or services offered on the Website whether by us or on our behalf will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Website or the server which makes it available [or products] or services offered on the Website whether by us or on our behalf are free of viruses or bugs or are fully functional, accurate, or reliable. We will not be responsible or liable to you for any loss of content or material as a result of uploading to or downloading from the Website.
You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Website and any information provided to or taken from the Website by you.
We will not be liable (i) in contract, tort (including, without limitation, negligence) or otherwise for:
any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
any loss of goodwill or reputation; or
any special or indirect or consequential losses, howsoever arising and;
in any case whether or not such losses were within the contemplation of either of us at the date on which the event giving rise to the loss occurred.
Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees, or any liability in the tort of deceit.
INTELLECTUAL PROPERTY AND RIGHT TO USE
You acknowledge and agree that all copyright, trade marks, database rights and all other intellectual property rights in the design, content and arrangement of the Website (including its text and graphics, all software compilations or underlying source code, and all other material on the Website) shall remain at all times owned by us or our licensors. You are permitted to use this material only as expressly authorised by us.
You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
Except for personal information, any information you submit to the Website will not be treated confidentially and you acknowledge that we may use such information for any purposes subject to these Conditions.
We may terminate or suspend your use of the Website at any time and without warning if you are in breach, or if we have reasonable grounds to believe that you are in breach, of any of the Conditions.
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
These Conditions (as amended from time to time) contain the entire agreement and understanding between us in respect of all matters which are referred to herein and supersede any prior written or oral agreement between us relating to such matters. No oral explanation or oral information given by either of us shall alter the interpretation of these Conditions. You confirm that, in agreeing to accept these Conditions, you have not relied on any representation that is not expressly included herein and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these Conditions. However, nothing in these Conditions purport to exclude liability for any fraudulent statement or act.
The Conditions will be exclusively governed by and construed in accordance with the laws of England and Wales whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.
COMPETITION TERMS AND CONDITIONS
1.1 These Terms and Conditions (the “T&Cs“) form the rules of the Kick Off Competition (“Competition”).
1.2 The manager of the promotion and operator of the Competition is Sidan Media Limited, with a registered address at 2nd Floor, 38 Warren St, London W1T 6AE (the “Company“).
1.4 The Company reserves the right to amend these T&Cs when necessary. The Company will make available any amended T&Cs on its Website.
2.1 Any words within these T&Cs which start with a capital letter will have the following meanings:
(1.a) “Account” means the account provided on the Website for the purpose of the Competition.
(1.b) “Closing Date” means the end of each Event Period as notified on the Website.
(1.c) “Competition Winner” has the meaning given in Clause 5.1.
(1.d) “Entrant” means an individual who completes and submits a Registration Form in accordance with these T&Cs.
(1.e) “Event Period” means the successive periods weekly, monthly and seasonal periods for judging the most successful Entrant in the Competition, as announced on the Website from time to time.
(1.f) “Prize” means the prizes to be won in the Competition at the end of each Event Period as published on the Website from time to time.
(1.g) “Accumulators” means combinations of predictions on future sporting events offered by bookmakers and chosen by Entrants during the course of an Event Period.
3 CONDITIONS OF ENTRY
3.1 To enter the Competition and to be eligible to win a Prize, the Entrant must:
(1.a) be resident in the UK, or in another jurisdiction where entry into the Competition is legal;
(1.b) be 18 years of age or over;
(1.c) not be a director, employee or agent of either of the Company or any associated company; and
(1.d) comply with these T&Cs and any other rules of the Competition notified to the Entrant by the Company.
3.2 There is no limit on the number of Entries which each Entrant can make in each Event Period.
3.3 Entry into the Competition is free of charge. No Entrant is required to pay any sum to enter the Competition.
4 THE COMPETITION
4.1 All Accumulators recorded on the site will be published. However, only users of the site who have registered for the Competition will be eligible for Prizes.
4.2 Entrants enter by choosing and recording Accumulators during an Entry Period. In recording such Accumulators, Entrants will have two aims:
(2.a) Creating a single Accumulator which turns out to be successful and which is at higher overall odds than any other Accumulator (i.e. it would give rise to the highest return on a notional stake); or
(2.b) Having the most successful overall performance in terms of the average return on a notional stake judged across all Accumulators placed by the Entrant in the Event Period.
4.3 Each Entrant may choose as many Accumulators as they wish during the Event Period. To count within the Competition, all Accumulators have to relate to events and odds listed on the Website.
4.4 The Entrant’s progress in the Competition including the events that have been the subject of Accumulators from time to time will be recorded on the Website. The Entrant’s progress may be followed by other Entrants and visitors to the Website. Entrants acknowledge that the information in relation to their activities in the Competition as well as information which they upload such as user name / avatar will be available for others users of the website to see. Entrants waive all rights in relation to such data and information and agree that such information may be used and /or copied by anyone viewing the Website, including the Company.
5 THE COMPETITION WINNER
5.1 The Competition Winners will be the Entrants who at the Closing Date of each Event Period has secured (a) the greatest overall single return on notional stake in relation to a single Accumulator and (b) the best overall average return on notional stake in relation to all Accumulators chosen in the Event Period.
5.2 Competition Winners will be notified within 14 days of the Closing Date to the email address provided on the Registration Form.
5.3 Details of the Competition Winner’s name and county will be available on the Website for three months after the Closing Date.
6 THE PRIZES
6.1 The Company reserves the right to withdraw or amend the Competition in the event of unforeseen circumstances or circumstances outside of its control.
6.2 The Company’s decision on all matters regarding the Competition is final. No further correspondence will be entered into.
6.3 The Company may, in its discretion, offer a substitute Prize of equal or greater value than the Prize.
6.4 Entrants may not request substitutions for the Prize. Prizes are not transferable.
7 ACCOUNT USE
7.1 Any comment made on the Website which is abusive, defamatory, disruptive, embarrassing, illegal, obscene or threatening, in any way shall be removed immediately from the Website. The Company reserve the right to disqualify any Entrant for any of the aforementioned behaviour with immediate effect.
8.1 In the event of circumstances outside the reasonable control of the Company, or otherwise where fraud, abuse, and/or error (human or computer) affects or could affect the proper operation of this Competition or the awarding of the Prize, and only where circumstances make this unavoidable, the Company reserves the right to cancel or amend the Competition or these T&Cs, at any stage, but will always endeavour to minimize the effect to the Entrants in order to avoid undue disappointment.
8.2 The Company may refuse to award the Prize, refuse further participation in the Competition and disqualify the Entrant where there are reasonable grounds to believe that:
(2.a) there has been a breach of these T&Cs:
(2.b) there has been a breach of the Competition entry requirements;
(2.c) an Entrant has gained an unfair advantage in participating in the Competition; or
(2.d) an Entrant has won using fraudulent means.
9.1 The Entrants authorise the Company to publish information about the Entrant’s progress and participation in the Competition for promotional purposes.
9.2 The Competition Winner may be required to participate in further promotional activity at a time and place to be agreed between the Company and the Competition Winner.
10 DATA PROTECTION
10.1 Personal data of Entrants collected by the Company for the purposes of the Competition will be stored, managed and used in accordance with current data protection legislation.
10.2 By entering the Competition, the Entrant expressly consents to:
(2.a) the disclosure of their personal data to and its processing by third parties for the sole purpose of facilitating the Competition and awarding the Prize; and
(2.b) the disclosure of the Entrant’s participation in the Competition, and publication of the Entrant’s Virtual Bets and state of their Account.
10.3 Personal data of Entrants collected by the Company for the purposes of the Competition will not be used by the Company or Website for marketing purposes unless the relevant Entrant has indicated their consent to such use on their Registration Form.
10.4 Entrants may withdraw their consent to the retention of such data at any time by providing notice of such withdrawal to the Company. However, the Entrants who withdraw their consent in this manner will be excluded from the Competition.
11 LIMITATION OF LIABILITY
11.1 The Company’s total aggregate liability in respect of any claim arising out of or in connection with a breach of these T&Cs shall be limited to the Prize in the relevant Competition.
11.2 Subject to Clause 11.3 below and to the extent permitted by law, the Company exclude all liability whatsoever in connection with the Competition and the Prize and in particular do not accept responsibility for entries invalidated by technical problems beyond the control of the Company or as a result of problems accessing the Website.
11.3 Nothing in these T&Cs shall limit the Company’s responsibility for death or personal injury caused by its negligence, for fraud or fraudulent misrepresentation or any other liability whose limitation is prohibited by law.
12 GOVERNING LAW
These T&Cs are governed by and construed in accordance with English law and will be subject to the non-exclusive jurisdiction of the English Courts.