Tenner Terms of Use

Last updated: 19th February 2021

​

Please read these Terms of Use (collectively with the Tenner Privacy Policy and the Tenner Contest Official Rules available at www.tennerapp.com/privacy, the "Terms of Use") fully and carefully before using the Tenner mobile application (the "App") and the services, features, content or applications offered by Tenner Games Ltd. in connection with the App ("Tenner", "we", "us" or "our") (together with the App and the Tenner website available at www.tennerapp.com, the "Services"). These Terms of Use set forth the legally binding terms and conditions for your use of the App and the Services.  You must agree to and accept all of the Terms of Use, or you don't have the right to use the Services. 

1. Acceptance of Terms of Use.

   1. By signing up for, installing and/or using the App in any manner, you agree to these Terms of Use and all other operating rules, policies and procedures that may be published from time to time through the App by us, each of which is incorporated by reference and each of which may be updated from time to time.

   2. Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference, including without limitation the Tenner Contest Official Rules within the app.

   3. These Terms of Use apply to all users of the Services.

2. Eligibility​

   1. You represent and warrant that you are at least 18 years of age. If you are under age 18, you may not, under any circumstances or for any reason, use the Services.  You are solely responsible for ensuring that these Terms of Use are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Use or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.

   2. You will not be eligible to participate:​

      1. in any contests if you reside in a country where Tenner is not currently available to download from the iOS App Store or Google Play Store. For the sake of clarity, you may not participate in any Tenner contest if you reside in India, Pakistan, Bangladesh, Sri Lanka, Nigeria, or any other country that the mobile App is not currently available to download. You may not use a virtual private network (VPN) or any other electronic mechanism to mislead us regarding your physical geographic location, or to access the Services from a prohibited region.

      2. in any contests involving or related to your sport if you are affiliated with any sports league, including without limitation if you are an athlete, coach, member of team or league management, support personnel, referee, team or league physician, commissioner, owner, or any other individual with an interest in the applicable sport, or who can otherwise influence the outcome of a game;

      3. in any sport contests for which there is a cash prize, if you are employed by or otherwise affiliated with any other sports contest site, application or service such that you have access to confidential data about contest-related information; or

      4. in any contest for which there is a cash prize, if you are an employee of Tenner or are related to an employee of Tenner and share a household with such employee. 

   3. If we discover and determine you are not eligible to participate but have used the Services in any way, we may, among other actions, in our sole discretion, (A) disqualify your entry, in which case we will not award you a prize, (B) report your violation to all applicable parties and authorities, which may include the sports league or contest site you are employed by, if applicable, (C) terminate your Account (defined below), and/or (D) withhold or revoke the awarding of any prize associated with your Account (defined below).   We may also block any or all future participation on the Services.

   4. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. 

3. Registration. 

   1. To sign up for the Services, we may require you to register for an account on the Services (an "Account") or create an Account by logging in via Facebook or another authentication mechanism (a "Third Party Account").  You must provide accurate and complete information and keep your Account information updated, and we may require additional information and/or documentation for verification purposes from time to time.

   2. You shall not:

      1. select or use as a username a name of another person with the intent to impersonate that person;

      2. use as a username a name subject to any rights of a person other than you without appropriate authorization; or

      3. use, as a username, a name that is otherwise offensive, vulgar or obscene.

   3. You may only establish and use one Account per person to participate in the Services.  An Account cannot be co-owned or otherwise shared among multiple individuals.  In the event we discover that you have opened more than one Account per person, we reserve the right to suspend or terminate any or all of your Accounts and cancel, withhold, or revoke any prizes that have been awarded. 

   4. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person's user account or registration information for the Services without permission. You acknowledge and agree that we are authorized to act on instructions received through the use of your Account, username, and/or password and that we may, but are not obligated to, block transactions or deny use of your Account without prior notice to you if we believe your Account information are being used by someone other than you.  You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates.

   5. We may require you to change your username or Account information, or change your username or Account information for you.  

4. Contests.  

   1. Tenner contests are games of skill.  Winners are determined by the criteria stated in each contest's rules. All participation is subject to the Tenner Contest Official Rules, available at www.tennerapp.com/privacy, and any other applicable rules and requirements made available by Tenner from time to time.  Prize calculations are based on the results as of the time when final scoring is tabulated by Tenner. Results will usually be posted through the App after the conclusion of each contest.

   2. Once results are initially announced by Tenner, the scoring results will not be changed, though we reserve the right to make adjustments based on errors or irregularities. We also may make adjustments in the event of noncompliance with the Terms of Use or for other reasons as we may determine in our reasonable discretion. We reserve the right to reverse payments in the event of any adjustment.  You agree to cooperate with our efforts to reverse payments. 

   3. Tenner reserves the right, in our sole discretion, to cancel contests, disqualify any participants from a contest or the entire Service, refuse to award any points or prizes, require the return of any prizes, and/or suspend, limit or terminate any Accounts, such as if a user engages in conduct we deem, in our sole discretion, to be improper, unfair, fraudulent, or otherwise adverse to the operation of the Service or in any way detrimental to other users, Tenner or any other parties or if any contests or prizes are challenged by any legal authority. Participants that submit answers after a contest is complete will be disqualified from the contest and ineligible for a prize.

5. Withdrawals and Taxation. 

   1. Cash prizes will be paid by our payment processor, PayPal, Inc. ("PayPal").  Cash prize fulfilment will be subject to the terms, conditions, and privacy policies of PayPal, available at https://www.paypal.com/uk/webapps/mpp/ua/legalhub-full?locale.x=en_GB. 

   2. In order to receive a cash prize, users must hold a valid PayPal account that can receive payments from a UK-based GBP PayPal account. Alternative cash prize fulfillment methods are not available. Any fee required to be paid to make the transfer to your PayPal account shall be subtracted from the prize money you receive.

   3. Prior to paying out any prizes, we may request additional information or documentation and/or conduct checks for compliance with these Terms of Use and the applicable Contest rules, including by performing anti-fraud checks. Identity documents issued in India, Pakistan, Bangladesh, Sri Lanka, or Nigeria will not be accepted. All Winners from these regions will have their win voided and their prize will not be awarded.

   4. We may share information you have provided about yourself with tax authorities if we are required to do so. You, not Tenner, are responsible for filing and paying applicable taxes on any winnings. Tenner does not provide tax advice, nor should any statements in this agreement or on the Service be construed as tax advice.

6. Content. 

   1. Definition. For purposes of these Terms of Use, the term "Content" includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this agreement, "Content" also includes all User Content (as defined below).

   2. User Content. All Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively "User Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You retain ownership of any and all User Content created and/or uploaded by you. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom.   We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.

   3. Notices and Restrictions. The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.

   4. Use License. Subject to these Terms of Use, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content (other than your User Content) for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content (other than your User Content) for commercial use or in any way that violates any third party right.

   5. License Grant. By submitting User Content through the Services, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, manipulate, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the App, the Services and our (and our successors' and assigns') businesses, including without limitation for promoting and redistributing part or all of the App or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your Account or the Services. For the sake of clarity, to the extent any User Content you submit includes your name, likeness, voice, video, or photograph, you acknowledge and agree that the foregoing license of this Section 6(e) shall apply to the same.  You also hereby do and shall grant each user of the App and/or the Services a non-exclusive, perpetual license to access your User Content through the App and/or the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content, including after your termination of your Account or the Services.  For clarity, the foregoing license grants to us and our users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.

   6. Availability of Content. We do not guarantee that any Content will be made available on the App or through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify or otherwise manipulate any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Use), or for no reason at all and (ii) to remove or block any Content from the Services.

   7. Publicity.  By entering a contest, you consent to Tenner’s and our service providers' and business partners' use of your name, voice, likeness, location and photograph in connection with the development, production, distribution and/or exploitation (including marketing and promotion) of the selected contest, other Tenner contests and/or Tenner and our business generally. You acknowledge and agree that we, and our business partners, may make public statements about entrants and winner(s), including on-air, online, or otherwise, including by announcing winners publicly. You agree that participation in and (where applicable) the winning of a prize in connection with a contest constitute complete compensation for your obligations under this paragraph, and you agree not to seek to charge a fee or impose other conditions on the fulfillment of these obligations. The rules specific to certain contests may contain additional publicity obligations or may require a written signature on a separate publicity waiver.

   8. Entertainment Purposes Only.  Any information or content provided through the Services is for entertainment purposes only and should not be relied on.  Tenner makes no representation or guarantees about the information, including without limitation as to its quality, accuracy or timeliness, and such information should never be used in place of professional advice from an expert who is familiar with your specific situation.

7. Rules of Conduct. 

   1. As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Use or not reasonably intended by Tenner. You are responsible for all of your activity in connection with the Services.  Violation of any of Tenner rules or requirements may result in the removal of your Content from the Services, suspension or termination of access to the Services, forfeiture of winnings and/or the cancelling of your Account.  

   2. You shall not (and shall not permit any third party to) either (i) take any action or (ii) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Content, that:

      1. infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;

      2. you know is false, misleading, untruthful or inaccurate;

      3. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;

      4. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");

      5. contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;

      6. impersonates any person or entity, including any of our employees or representatives; or

      7. includes anyone's identification documents or sensitive financial information.

   3. You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers') infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or "spam" on the Services; (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the App; (vi) harvest or scrape any Content from the Services; (vii) use any fraudulent, automated or artificial means, including creating multiple Accounts, to inflate your position or standing on leaderboards or otherwise in the Services; or (viii) otherwise take any action in violation of our guidelines and policies.

   4. You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.

   5. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.

8. Third Party Services. The Services may permit you to link to or otherwise access other websites, services or resources on your device and the Internet, and other websites, services or resources may contain links to or be accessed by the Services or the App, such as our advertising partners and prize providers. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link or access does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss 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 or through any such website or resource.

9. Location-Based Services. We may offer features that are based on the location of users and which may report on the locations of those users as they use the Services (the "Location-Based Services"). You may partake in using these Location-Based Services solely at your own discretion, and may opt-out of providing such information by turning off those features. Should you use Location-Based Services, you are consenting to our collection and dissemination of your location information through the Services. Under no circumstances shall we be liable for claims or damages therefrom arising out of your informed decision to disseminate your location information through the Service.

10. In App Purchases.  Through the App, you may purchase certain goods, services or features designed to enhance the performance of the Services (collectively, "In App Purchases").  When you purchase In App Purchases, you are doing so through either Apple iTunes service or the Google Play service and you are agreeing to their respective Terms and Conditions (http://www.apple.com/legal/internet-services/itunes/us/terms.html; http://play.google.com/intl/en_us/about/play-terms.html).  We are not a party to any transactions for In App Purchases.

11. Suspension; Termination. We may suspend or terminate your access to all or any part of the Services, including any Contests, at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your use of the Services. If you wish to terminate your Account, you may do so by removing the App from your device and following the instructions on the App or through the Services. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

12. Warranty Disclaimer.

    1. We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding: 

       1. which users gain access to the Services;

       2. what Content you access via the Services; or

       3. how you may interpret or use the Content.

    2. You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services. 

    3. The services and content are provided "as is", "as available" and without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. We, and our directors, employees, agents, suppliers, partners and content providers do not warrant that: (i) the services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) any content or software available at or through the services is free of viruses or other harmful components; or (iv) the results of using the services will meet your requirements. Your use of the services is solely at your own risk. Tenner does not warrant that your activities or use of the services are lawful in any particular jurisdiction and Tenner specifically disclaims all such warranties. You understand any use of the services or any content or prize obtained in connection with the services is at your own risk, and you represent and warrant that your activities are lawful in every jurisdiction where you access or use the services. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to you.

13. Indemnification. You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers, sponsors, business partners, advertisers, prize providers, and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, any contests or prizes or otherwise from your User Content, violation of these Terms of Use, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

14. Limitation of Liability. In no event shall we, nor our directors, employees, agents, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the services for (i) any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, compensatory or consequential damages of any kind whatsoever (however arising), (ii) any bugs, viruses, trojan horses, or the like (regardless of the source of origination), (iii) any action taken in connection with an investigation by Tenner or law enforcement authorities regarding your use of the services; or (iv) any direct damages in excess of (in the aggregate) of the greater of (a) the value of the prizes you have won during the immediately previous three (3) month period or (b) £50.00. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

15. Jurisdiction. These Terms & Conditions shall be governed by the laws of England and Wales and the Member agrees to submit to the exclusive jurisdiction of the English courts. The Member accepts that nothing in this Clause 15 shall prevent Tenner from seeking and enforcing any injunctive relief in any country where our Services are accessible to prevent any infringement of any domestic laws or regulations in such countries.

16. Modification. We reserve the right, in our sole discretion, to modify or replace any of these Terms of Use, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the App or by sending you notice through the Services, via e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we will timely provide notice of modifications, it is also your responsibility to check these Terms of Use periodically for changes. Your continued use of the Services following notification of any changes to these Terms of Use constitutes acceptance of those changes, which will apply to your continued use of the Services going forward.  Your use of the Services is subject to the Terms of Use in effect at the time of such use.

17. Apple Device and Application Terms. In the event you are accessing the Services via an application on a device provided by Apple Inc. ("Apple") or an application obtained through the Apple App Store (in either case, an "Application"), the following shall apply:

    1. Both you and Tenner acknowledge that these Terms of Use are concluded between you and Tenner only, and not with Apple, and that Apple is not responsible for the Application or the Content;

    2. The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms of Use as they are applicable to the Services;

    3. You will only use the Application in connection with an Apple device that you own or control;

    4. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;

    5. In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple's sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;

    6. You acknowledge and agree that Tenner, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;

    7. You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party's intellectual property rights, Tenner, and not Apple, will be responsible for the investigation, defence, settlement and discharge of any such infringement claim;

    8. You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;

    9. Both you and Tenner acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and

    10. Both you and Tenner acknowledge and agree that Apple and Apple's subsidiaries are third party beneficiaries of these terms, and that upon your acceptance of these terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms against you as the third party beneficiary hereof.

18. Miscellaneous.

    1. Entire Agreement and Severability. These Terms of Use are the entire agreement between you and us with respect to the Services, including use of the App, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder

    2. Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.

    3. Assignment. These Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.

    4. Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect.

    5. Notices. Unless otherwise specified in these Term of Service, all notices under these Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to freddie@tennerapp.com. 

    6. No Waiver. Our failure to enforce any part of these Terms of Use shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Use. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Use to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.

    7. Headings. The section and paragraph headings in these Terms of Use are for convenience only and shall not affect their interpretation.

    8. Relationships. The Services are not sponsored, endorsed, administered by, or associated with Apple or its subsidiaries or affiliates, or by or with any sports club or sports federation.

19. Contact. You may contact us at the following address: Tenner Games Limited, Flat 3, 4 Erskine Road, London, NW3 3AJ, United Kingdom.

​

Effective Date of Terms of Use: 19th February 2021