Terms and Conditions
1. The online service Pilkington Fantasy Football game is offered by Pilkington United Kingdom Limited ('the Promoters') whose trading office address is at Prescot Road St Helens Merseyside WA10 3TT, and run by Silentworld Limited ('the Company'), whose trading office address is at Queens Park Villa, 30 West Drive, Brighton, Sussex, BN2 0QW.
2. If you enter into any fantasy football game through the web sites located at http://pilkington.profantasyfootball.tv (‘the Site’) or at http://www.pilkington.com/fantasyfootball you agree to these Terms of Use. If you do not agree with any of these Terms of Use please do not use the Sites, because by using the Sites you will be deemed to have irrevocably agreed to these Terms of Use.
3. Please note that these Terms of Use may be revised and reissued without notice at any time by updating this posting and you agree that no liability shall attach to the Company and that you have no right to claim any compensation as a result thereof. You should visit this page regularly to review the current Terms of Use, since your continued use of the Site will be deemed as irrevocable acceptance of any revisions. Any such revisions may include extending the Terms of Use to include other terms and conditions applicable to other products or services offered by us from time to time. These Terms of Use were last updated on July 7th 2007.
4. We will assume (and by using the Sites you warrant that) that either you have legal capacity to enter into the agreement set out in these Terms of Use (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract), or your company or owner of the computer have consented to your use of these Sites and accept these Terms of Use on your behalf.
5. Playing a fantasy football game through the web sites located at www.pilkington.profantasyfootball.tv (‘the Site’) or www.pilkington.com/fantasyfootball
5.1 To have a Team you will need to buy a manager and 11 players.
5.2 All users can play the Game for FREE. You may only register one team per entrant. Anybody found to have entered more than one team will be disqualified and will not be eligible to win prizes. You must work in the Glazing Industry in order to be eligible for prizes and play the game.
5.3 Only the registered user may make transfers (or changes) to his or her team. Anyone found to be managing a team that does not belong to them, on behalf of another game player or without their knowledge, will be removed and not eligible to win prizes.
5.4 A user may only 'Chair' (create) 1 mini-league and can join up to 9 mini leagues. Therefore one user can only belong to 10 mini-leagues. Any attempt to become a part of more than 10 mini-leagues will result in removal form the game. (See point 5.2).
5.5 Any users that the company feels are not conducting themselves within the game with 'Good Sporting Conduct'? (see rules) will be removed from the game. Company's decision is final and the Company will not enter into any discussion about teams that are disqualified.
5.6 Duplicated mini-leagues entered into the League of Leagues will be removed without question. Duplicate mini-leagues constitute 4 or more members (game players) of the original mini-league in an additional mini-league to that one.
5.7 Mini-Leagues where one user manages all of the teams in that one mini-league will NOT be eligible to win prizes as this is considered unsporting conduct.
5.8 Mini-Leagues that we feel are not abiding by the rules of Good Sporting Conduct (See Rules) will be removed from the game. Please note Company's decision is final and the Company will not enter into any discussion about teams that are disqualified.
5.9 The League of Leagues competition will only be entered by mini-leagues who qualify with the minimum number of teams by 18th October 2007, which is 68 days of competition starting. All mini-leagues set up, or with the required number of teams achieved after this date do not qualify for entry in to the League of Leagues competition. Winners will be notified by e-mail within 28 days of winning.
5.10 All teams will score points from the matches played after the teams are selected and received by the deadline of kick-off prior to each match.
Time of transfers will be recorded as per the server clock (displayed in the top right hand side of the screen). Player points scored from matches played earlier will not be added. Teams will not score points until they have been submitted.
5.11 For the purposes of the Game and your use of the Sites our computer record of your entry will be considered to be your entry. We have the right to reject what, in our sole discretion, we consider to be incomplete, inaccurate or corrupted entries. The decision of the Company as to whether an entry is incomplete, inaccurate or corrupted is final.
5.12 The Company is committed to ensuring, as far as reasonably practicable to do so, that its Sites and the Game do not cause offence to anyone using the same. We therefore request that you do not enter a name for your team that may be considered by others to be inappropriate or offensive. A non-exhaustive list of names that may be consider to be inappropriate or offensive are names that are obscene, pornographic, racist, abusive or harassing. We reserve the right to refuse to accept, and may change any team names which we feel, in our sole discretion, are inappropriate or offensive.
5.13 The players included on the player list and their positional classifications have been determined by the Company. The Company will not enter into any correspondence relating to details of the player list, nor will they accept the inclusion into a team.
5.14 Players will score points as follows:
SCORING POINTS:
Manager
WIN +5 points DRAW +2 points LOSE -2 points
PLAYERS:
Goal Scored Goal Conceded Clean Sheet
Keeper +7 points -2 points +4 points
Defender +5 points -1 points +2 points
Midfield +4 points n/a n/a
Striker +3 points n/a n/a
ADDITIONAL POINTS FOR PLAYERS
Played 90 mins +2 points
Substituted +1 point
Yellow Card -3 points
Red Card -10 points
EACH PLAYER WILL RECEIVE POINTS BASED ON THE PERFORMANCE OF THEIR CLUB
Win +3 points
Draw +1 point
Lose n/a
5.15 Silentworld Ltd will use the latest scores reported by key news agencies to use as the basis of the fantasy scoring criteria. Reversed decisions will not be counted, (therefore if a red card or own-goal decision is reversed / altered after the initial reporting on the game, the original score will remain).
5.16 A maximum of 5 transfers will be allocated to each team per month. Transfers will be awarded at the start of each calendar month. Transfers CANNOT be carried over into the following month. All transfers must be made by kick-off of each match as reported in the press.
Time of transfers will be recorded as per the server clock (displayed in the top right hand side of the screen).
5.17 The Company respects the intellectual property rights of others and asks users of the Sites to do the same. The Sites and all materials, characters, logos or other images, and in particular the rules and point structure incorporated by the Company, on the Sites are protected by copyrights or other intellectual property rights. No information may be reproduced in any format without prior written consent from the Company.
5.18 Please act responsibly when using the Sites and comply with these Terms of Use and the rules of the Game. It is a condition of entry that all rules and Terms of Use are accepted as final. The Company reserves the right to refuse to accept or disqualify any entry which, in its sole opinion, does not comply with the rules and regulations of the Game or which contravenes the essence of the Game.
5.19 Informative and explanatory information supplied by the Company relating to the Game forms part of the Terms of Use of the Game.
5.20 The Game is open to the company's employees, however, they are only eligible for the monthly prizes and not the overall prize.
5.21 The winner of the overall season (11th August 2007 - 11th May 2008) competition will be the manager whose team has accumulated the most points throughout the competition. In the event that two or more teams have the same points, the manager that registered first will be deemed the winner.
5.22 Team of the month prizes will be awarded to the highest scoring team each month (September 07 - April 08 inclusive). In the event that two or more teams have the same points, the manager that registered first will be deemed the winner.
5.23 Winner(s) will be notified by e-mail within 14 days of winning.
5.24 If you are a winner, you may have to complete additional legal documents and return them to us within seven working days of receipt from us. Non-compliance or notification returned as "undeliverable as addressed" will result in your disqualification as a winner and an alternative winner will be selected.
5.25 The receipt, by you if you are a winner, of any prize is conditional upon compliance with any and all laws, rules and regulations including, without limitation, these Terms of Use.
5.26 Winners agree that neither the Company or Promoters nor their employees shall have any liability in connection with the acceptance or use of any of the prizes.
5.27 Cash alternatives are not available instead of the specific prizes. Shipping of prizes applies to UK residents only, overseas winners are responsible for any excess costs incurred in connection with shipping prizes to them.
5.28 All winners by accepting the prize will agree to taking part in any publicity to do with the winning of the game.
5.29 By registering to play the game you are accepting to receive email updates.
5.30 The email address held by the Company should be kept valid at all times. The Company provides a facility to allow users to update their email address at any time.
5.31 The Company reserves the right to validate email addresses at any time and the right to remove or suspend from the game, any teams found to have an invalid email address. You may only register one Team per entrant. Anybody found to have entered more than one Team will be disqualified and will not be eligible to win prizes.
5.32 The game is open to those who work in the glass, glazing and window industries or related industries. The company reserves the right to refuse entry to anybody it feels does not meet this professional criteria.
5.33 The game is only open to those who will be 18 or over on 18th August 2007.
6. Our obligations and the limits on our liability
6.1 The Company agrees to use its reasonable endeavours to maintain the Sites in a fully operating condition and error free. As the Company cannot guarantee that the Sites will always be fully operational or error free it does not accept responsibility for any defects that may exist or for any costs or losses arising from your use of or inability to access the Sites.
6.2 Whilst the Company takes reasonable precautions to ensure that any downloads it makes available will be virus free the Company does not warrant that any downloads will be virus free and will not cause interruptions with your computer systems.
6.3 The Company excludes, to the fullest extent permitted by applicable laws, and save in respect of death or personal injury arising from our negligence, all liability for any claims, losses, demands and damages arising directly or indirectly out of or in any way connected with the use of the Sites or their unavailability. This exclusion shall apply in respect of, without limitation, any interruption of services, lost profits, loss of contracts or business opportunity, loss of data, or any other consequential, incidental, special, or punitive damages arising out of the Sites, even if the Company has been advised of the possibility of such damages, whether arising in contract, tort, under statute or otherwise.
7. System Abuse
If we find, or suspect, that you have: engaged in or attempted to engage in ‘spamming’ (the unsolicited emailing for business or other purposes), sent or attempted to send, created or attempted to create, or replied or attempted to reply to so-called ‘mailbombs’ (the sending of multiple or large electronic files or messages with malicious intent or the e-mailing of copies of a single message to many users), or hacked or attempted to hack into any systems or servers run by the Company or undertaken any other activity which may adversely effect either the operation of the Sites or another person’s enjoyment of the Sites, we will immediately remove you from the system and your subscription will be cancelled. You will have no right to any refund in these circumstances and the Company reserves the right to report the matter to the relevant authorities.
8. Indemnity
You agree to indemnify and keep indemnified the Company and its officers, directors, employees, agents, distributors and affiliates from and against any and all claims loss damage or liability (whether criminal or civil) suffered and fees and costs incurred, including reasonable legal fees, resulting from any act neglect or default or breach by you or any person who may be authorised by you or for whom you are responsible (for example as employer) of any of these Terms of Use and/or from your placement or transmission of any content onto the Company's servers, and/or from any and all use of your account.
9. Jurisdiction
9.1 The purpose of the Sites is to provide entertainment and to promote the Company’s other services available in the United Kingdom. The Sites are controlled and operated by the Company from its offices within the United Kingdom.
9.2 These Terms of Use shall be governed by and construed in accordance with English law.
9.3 If any dispute or difference arises out of or in connection with these Terms of Use the parties shall with the assistance of the Centre for Dispute Resolution (CEDR) seek to resolve the dispute or difference amicably by using an alternative dispute resolution (ADR) procedure acceptable to both parties before pursuing any other remedies available to them.
9.4 If any dispute or difference is not settled by means of ADR you irrevocably submit to the exclusive jurisdiction of the English courts.
10. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein.
11. SilentManager cannot accept any liability if matches the game is based on are cancelled or postponed due to reasons outside our control.
12. Pilkington Glass reserves the right to restrict entry to any non Pilkington Glass customers to register for this game at their own discretion and without notification.
13. The use of the term Premier League Football, FA, Premier League or any reference to official Premier League players or reference on the Site and within the Game is purely to describe the nature of the content and Game being provided in this Site. No official or commercial association with the FA, Premier League or the Premier League organising committee is implied or intended.
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