Aston Villa Football Club Limited Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
TERMS OF WEBSITE USE
OTHER APPLICABLE TERMS
· Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our Site. When using our Site, you must comply with this Acceptable Use Policy.
INFORMATION ABOUT US
This Site is a site operated by the Club. We are registered in England and Wales under company number 3375789 and have our registered office and main trading address at Villa Park, Birmingham, B6 6HE. Our VAT number is 687889830. We are a limited company.
CHANGES TO THESE TERMS
Please check this page from time to time to take notice of any changes we made, as they are binding on you.
CHANGES TO OUR SITE
We may update our Site from time to time, and may change the content at any time. However, please note that any of the content on our Site may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that our Site, or any content on it, will be free from errors or omissions.
ACCESSING OUR SITE
Our Site is made available free of charge.
We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. Access to our Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Site without notice. We will not be liable to you if for any reason our Site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our Site.
YOUR ACCOUNT AND PASSWORD
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at email@example.com.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others within your organisation to content posted on our Site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must 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 content on our Site must always be acknowledged.
You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
NO RELIANCE ON INFORMATION
The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site.
Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up-to-date.
LIMITATION OF OUR LIABILITY
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
· use of, or inability to use, our Site; or
· use of or reliance on any content displayed on our Site.
If you are a business user, please note that in particular, we will not be liable for:
· loss of profits, sales, business, or revenue;
· business interruption;
· loss of anticipated savings;
· loss of business opportunity, goodwill or reputation; or
· any indirect or consequential loss or damage.
If you are a consumer user, please note that we only provide our Site for domestic and private use. You agree not to use our Site 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.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on our Site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
UPLOADING CONTENT TO OUR SITE
Whenever you make use of a feature that allows you to upload content to our Site, or to make contact with other users of our Site, you must comply with the content standards set out in our Acceptable Use Policy.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of the Site a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in the next paragraph (Rights you licence).
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our Site.
We have the right to remove any posting you make on our Site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
The views expressed by other users on our Site do not represent our views or values.
You are solely responsible for securing and backing up your content.
RIGHTS YOU LICENCE
When you upload or post content to our Site, you grant the following licenses:
· to the Club, a perpetual, worldwide, non-exclusive, transferable, royalty free license to use, reproduce, distribute, prepare derivative works of, display, and perform your user generated content in connection with the service provided by the Site or our own purposes and across all different media.
· In addition to third parties, a perpetual, worldwide, non-exclusive, transferable, royalty free license to use, reproduce, distribute, prepare derivative works of, display, and perform your user generated content in connection with the Site or their own purposes.
We do not guarantee that our Site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access our Site. You should use your own virus protection software.
You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it.
LINKING TO OUR SITE
You may link to our 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 Site in any website that is not owned by you.
Our Site must not be framed on any other Site, nor may you create a link to any part of our Site other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
THIRD PARTY LINKS AND RESOURCES IN OUR SITE
Where our Site contains links to other Sites and resources provided by third parties, these links are provided for your information only.
We have no control over the contents of those Sites or resources.
Wherever you make use of the Site, it shall be in accordance with the following conditions:
Any and all materials which you post to, contribute or transmit through the Site must:
a) not be defamatory, threatening, obscene, unlawful, harmful, pornographic, harassing, racially or ethnically offensive or which would in any way violate or infringe upon the rights of others (including intellectual property rights, rights of confidentiality or rights of privacy);
b) not be or contain anything which is technically harmful, including without limitation, computer viruses in any form;
c) be accurate or state opinions which are genuinely held;
d) be for your own personal use and not for commercial gain; and
e) comply with all applicable laws in the UK and in any country from which they are posted.
You may not copy, download, republish, reproduce, broadcast, transmit in any manner whatsoever any material from the Site except as is strictly necessary for your own personal non-commercial use except as follows:
a) permission is granted to down load the materials contained on this Site to a single personal computer and to print a hard copy for personal, non-commercial use.
b) permission is granted for you to copy extracts of texts from news articles that appear on this Site (excluding without limitation photographs, illustrations, logos, match reports, match statistics and audio and video materials) for non-commercial supply, in text format only, to individual third parties for their personal non-commercial use, but only if:
1) you acknowledge our Site as the source of the extract and include a prominent reference to the Site’s URL. If the supply is via the internet such acknowledgement must include a hypertext link to this Site: and
2) you inform the third party that the conditions set out in this clause apply to him/her and that he/she must comply with them: and
3) you reproduce the extracted material in complete and unmodified form and, if the supply by you is via the internet, that you do not frame the extract within your own website.
For the purposes of these terms, non-commercial supply or use shall mean that neither you nor any third party may charge for viewing any materials that have been down loaded or copied from this Site and neither you nor any third party can use materials from this Site to attract others to buy goods or services.
To contact us, please email firstname.lastname@example.org.
Thank you for visiting our Site.
24 October 2016 to 30 May 2017
Terms and Conditions
The promoter is Aston Villa Football The Club Limited, Villa Park, Birmingham, B6 6HE (Registered company number 3375789) (“the Club”)
This Competition is open to any person who (or is entering on behalf of any person who) is aged at least sixteen (16) years at the time of entry and is a registered member of the Club branded FanScore Mobile Application (“FanScore App”) both at the time of entry and at the time that the relevant Prize is awarded.
Employees of Aston Villa or its affiliates, subsidiaries, advertising or promotion agencies are not eligible, nor are members of these employees’ families (defined as parents, children, siblings, spouse and life partners).
Participation in the Competition is void wherever prohibited by law. The Club makes no implied or express representations or warranties as to your legal right to participate in the Competition.
Only one entry per person may be submitted (per person, not per account/registration). Multiple entries, accounts or registrations, automated entries, bulk entries or multiple third party entries on behalf of any person, syndicate, group, society or company will be disqualified. Where a winner has been selected and the Club believes or has reasonable grounds to believe that that winner has made more than one entry, the Club reserves the right to select an alternative winner.
3. HOW TO ENTER
You will be automatically entered into the Competition and be eligible for a Prize if you are a registered member of the FanScore App and make at least one score prediction via the FanScore App (during the activation window as specified in the FanScore App) in relation to the match or month in which the relevant Prize relates.
Entries will be subject to the terms and conditions of registration which apply to the FanScore App (details of which can be obtained from the FanScore App).
Entry constitutes full and unconditional acceptance of these Terms and Conditions. The Club is not responsible for lost, corrupted or delayed entries. The Club reserves the right to disqualify anyone who it believes violated these Terms and Conditions.
The Fanscore App can be downloaded for free and no purchase is necessary to enter the Competition.
This Competition runs from 09:00:00 (BST) on 13th October 2016 to 23:59:59 (BST) on 31st May 2017 (the “Competition Period”).
The time of the entry will be the time of receipt of the entry as recorded within the FanScore App or as otherwise recorded by the Club.
5. USE OF YOUR ENTRY
Personal data which you provide when you register for the FanScore App and enter the Competition (which includes the number of points you have scored within the FanScore App) will be shared with the Club (by InCrowd, the developers of the Fanscore App) and may be used for future Club marketing activity if you indicate your consent to such activity (if applicable). Otherwise your personal data will be used by the Club and agents acting on the Club’s behalf only for the operation of this Competition. If you are the winner of the Competition you agree that the Club may use your name, image and town or county of residence to announce the winner of this Competition and for any other reasonable and related promotional purposes (and you will provided such information to the Club on request, which shall be a condition of receipt of the Prize.
The following prizes will be awarded (each a “Prize” and together, the “Prizes”):
• 1 x £20 Club Voucher for the highest individual match points score in each calendar month during the Competition Period (i.e. one Prize each for October, November, December, January, February March, April and May); and
• 1 x £20 Club Voucher for the highest aggregate points score for all matches in each calendar month during the Competition Period (i.e. one Prize each for October, November, December, January, February March, April and May).
There will be a total of 16 Prizes.
In the event that two or more entrants (being different people) have the joint highest score for a Prize, the Club will (at its discretion) either split the Prize between the winning entrants, or award one Prize to each entrant (in which case the number of Prizes shall be increased accordingly).
7. RESTRICTIONS ON USE OF PRIZES
Prizes may only be redeemed in person at one of the Club’s official Club Stores (including the Club’s ticket office) and may not be redeemed online or over the telephone. Prizes will be redeemable on the following:
o tickets for Club’s home matches played by the Club’s Men’s First Team at the Club’s stadium (“Home Matches”);
o on official Club Merchandise;
o on Soccer schools, tours of and other events at the Club’s Stadium and events;
o on Home Match hospitality.
Prizes are as stated and are not transferable. No cash alternatives available. The Club reserves the right to substitute the prizes with prizes of equal or greater value.
Prizes may be considered as a taxable benefit to the winners. Winners will be directly responsible for accounting for and paying to HMRC, or other relevant tax authority, any tax liability arising on their prize. Please contact email@example.com for any query related to the taxable amount for reporting to HMRC, or other relevant tax authority.
8. SELECTION OF THE WINNERS AND AWARD / COLLECTION OF PRIZES
Winners may win multiple Prizes (for example a winner of a Prize in October for the most points scored in the month of October may also win a Prize in November (or any other month) for the most points scored in that month (or during a match in that month). However, the Club reserves the right to suspend or disqualify any entry where the Club suspects that the entrant has entered using separate accounts.
Prizes will be awarded at the end of the calendar month to which the Prize relates. The winners will be notified by the Club within 7 days of the Prize being awarded.
If a potential winner has not confirmed receipt of the notification within 7 days after the first attempt an alternative winner will be selected on the same basis as described above. If you do not provide the Club with correct and accurate up-to-date contact details, the Club will be unable to contact you and you may, as a result, forfeit your Prize.
Having confirmed receipt of the notification, a winner must collect their Prize in person from the Club at Villa Park, Birmingham, B6 6HE no later than 16:00:00 on 30th June 2017.
The winners may be asked to provide identification and proof of address proving their eligibility before they are entitled to receive the Prize.
Losing entries will not receive any notification.
9. PUBLICITY AND DATA PROTECTION
By entering this Competition you give the Club your permission to publish your name and the name of the town, county and country where you live in all and any Club-controlled media (including in Matchday programmes and on the Club’s website - www.avfc.co.uk).
The winners may be required to participate in publicity including being filmed and having such footage appear on the Club’s website, such participation shall be a condition of receiving the Prize.
The name, county and country of the winner may be disclosed to anyone who writes within one month after the published closing date, enclosing a stamped addressed envelope to Marketing Department, Aston Villa Football Club Limited, Villa Park, Birmingham B6 6HE.
No correspondence will be entered into regarding either this Competition or these Terms and Conditions. In the unlikely event of a dispute, The Club’s decision shall be final. The Club reserves the right to amend, modify, cancel or withdraw this Competition at any time but only before the delivery of prizes, without notice.
Participants in this Competition agree that the Club will have no liability whatsoever for any injuries, costs, damage, disappointment or losses of any kind resulting in whole or in part, directly or indirectly from acceptance, misuse or use of a prize, or from participation in this Competition. Nothing in this clause shall limit the Club’s liability in respect of death or personal injury arising out of its own negligence or liability arising out of the Club’s fraud.
The Club cannot guarantee the performance of any third party and shall not be liable for any act or default by a third party.
Insofar as is permitted by law, the Club, its agents or distributors will not in any circumstances be responsible or liable to compensate the winner or accept any liability for any loss, damage, personal injury or death occurring as a result of taking up the prize except where it is caused by the negligence of the Club, its agents or distributors or that of their employees. The Club cannot guarantee the performance of any third party and shall not be liable for any act or default by a third party. Your statutory rights are not affected.
These terms and conditions shall be governed by English law, and the parties submit to the non-exclusive jurisdiction of the courts of England and Wales.
11. SPIRIT OF THE COMPETITION.
If an entrant attempts to compromise the integrity or the legitimate operation of this Competition by hacking or by cheating or committing fraud in ANY way, we may seek damages from that entrant to the fullest extent permitted by law. Further, we may, in our absolute discretion, disqualify that entrant’s entry to this Competition and may ban the entrant from participating in any of our future Competitions, so please play fairly.