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freddie@tennerapp.com

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London,  EC2M 4PL

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© Tenner 2019. All Rights Reserved.

Tenner Games Limited is registered in England & Wales (company number 11935271) with its registered office at Flat 3, 4 Erskine Road, London NW3 3AJ.

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Tenner Games Limited - Terms and Policies

On this page you will find Tenner Games Limited's three main policies. Click on any link below to jump to that policy. 

  1. Tenner Privacy Policy

  2. Tenner Terms of Use

  3. Tenner Contest Official Rules

 

Tenner Privacy Policy

Tenner Games Limited, a company incorporated and registered in England and Wales under company number 11935271 whose registered office address is Flat 3, 4 Erskine Road, London, NW3 3AJ ("We") are committed to protecting and respecting your privacy.

 

This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By using our website at www.tennerapp.com or accessing our mobile application you are accepting and consenting to the practises described in this policy.

For the purpose of the General Data Protection Regulation ((EU) 2016/679) (the "GDPR"), the data controller and data processor is Tenner Games Limited. 

INFORMATION WE MAY COLLECT FROM YOU

We may collect and process the following data about you:

  • Information you give us:

    • You may give us information about you by filling in forms on our website at www.tennerapp.com ("our website") or our mobile application, or by corresponding with us by phone, e-mail or otherwise. The information you give us may include:

      • First name

      • Last Name

      • E-mail address

      • Date of birth

  • Payment information:

    • Due to the nature of the service we will not collect any payment card details or bank details from you. 

    • In the event you wish to claim a monetary prize you have won through the service, you may give us the email address associated with your PayPal account.

  • Information we collect about you:

    • With regard to each of your visits to our website or mobile application we may automatically collect the following information:

      • Technical information, including the Internet protocol (IP) address used to connect your computer or mobile phone to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;

      • Information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our website (including date and time); pages you viewed; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any information used to contact us.

      • Game scoring history.

 

USES MADE OF THE INFORMATION

Where you access and/or use our website or mobile application for the purposes of playing the Tenner game, our legal basis for processing your personal data is contract.

We use information held about you in the following ways:

  • Information you give to us; we will use this information:

    • To carry out our obligations arising from any contracts entered into between you and us and to provide you with the information and services that you request from us;

    • To provide you with information about other services we offer that are similar to those that you have already purchased or enquired about;

    • To provide you with information about services we feel may interest you. If you are an existing member, we will only contact you by electronic means (e-mail) with information about services similar to those which were the subject of a previous service supplied to you if you have consented to this. If you are a new member we will contact you by electronic means only if you have consented to this. If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please send your request to freddie@tennerapp.com;

    • To notify you about changes to our service;

    • To facilitate contact between members necessary for the operation of our website;

    • To ensure that content from our service is presented in the most effective manner for you and for your computer and/or mobile phone.

  • Information we collect about you; we will use this information:

    • To administer our website and mobile application and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;

    • To improve our website, mobile application and the services we supply to you in order to ensure that the content is presented in the most effective manner for you and for your computer and/or mobile phone;

    • To allow you to participate in interactive features of our service, when you choose to do so;

    • As part of our efforts to keep our website and mobile application safe and secure;

    • To measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;

    • To make suggestions and recommendations to you and other users of our website and mobile application about services that may interest you or them.

  • Information we receive from other sources; we may combine this information with information you give to us and information we collect about you. We may us this information and the combined information for the purposes set out above (depending on the types of information we receive).

 

DISCLOSURE OF YOUR INFORMATION

We may share your information with selected third parties including:

  • Business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you.

  • Analytics and search engine providers that assist us in the improvement and optimisation of our site and mobile application.

 

We may disclose your personal information to third parties:

  • In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.

  • If Tenner Games Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about its members will be one of the transferred assets.

  • If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms and conditions of service and other agreements; or to protect the rights, property, or safety of Tenner Games Limited, our members, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

  • Only where such third parties can provide evidence that they are compliant with the GDPR.

 

Information you disclose to third parties:

  • Our website and mobile application may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates.  If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies.  Please check these policies before you submit any personal data to these websites.

 

For the avoidance of doubt, if you agree that we are able to contact you for marketing purposes, you can opt out at any time.

 

WHERE WE STORE YOUR PERSONAL DATA

The data that we collect from you may be transferred to, and stored at, a destination within the EEA. It may also be processed by staff operating within the EEA who work for one of our suppliers. Such staff maybe engaged in, among other things, the fulfilment of our service, the processing of your personal details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We have put in place various security measures, in technical and organisational capacities, to protect your personal data from loss, misuse, alternation or destruction, and such measures are reviewed and assessed regularly.

 

Where we have given you (or where you have chosen) a password which enables you to access certain parts of our website, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

 

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our website or mobile application; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

YOUR RIGHTS

The GDPR and The Data Protection Act 2018 (“DPA”) provide you with numerous rights in respect of your personal data, including:

  • You have the right to request a copy of the information held about you by us. Please e-mail freddie@tennerapp.com in the event that you require a copy of some or all of your personal information.

  • You have the right to ensure that your personal information is accurate and kept up to date. Please e-mail freddie@tennerapp.com in the event that you wish to change any of the information that you have provided.

  • You have the right to the erasure of your personal data, to restrict processing, and to object to processing.

  • You have the right to make a complaint with the Information Commissioners’ Office if you believe that we have not suitably adhered to any GDPR or DPA requirement in respect of the personal data we hold about you.

  • If you have provided consent for the processing of your data, in certain circumstances you have the right to withdraw consent at any time. Please note that your withdrawal of consent does not affect the processing of your personal data before the date on which your consent was withdrawn.

 

For the avoidance of doubt, we will retain your personal information as may be necessary to comply with any legal obligations.

 

TENNER GAMES COOKIE POLICY

In this section you will find information on what cookies may be set when you visit our website and how to reject or delete those cookies.

When we provide services, we want to make them easy, useful and reliable.  Where services are provided on the internet, this sometimes involves placing small amounts of information on your device, for example your computer or mobile phone.  This information consists of small files known as cookies and they cannot be used to identify you personally.

These pieces of information are used to improve our services for you through, for example:

  • Enabling a service to recognise your device so you don’t have to provide the same information several times during one task.

  • Recognising that you may already have provided a username and password so you don’t need to do it for every web page requested.

  • Measuring how many people are using services, so they can be made easier to use and there’s enough capacity to ensure they’re fast.

 

You can manage these small files yourself and learn more about them by visiting: www.direct.gov.uk/managingcookies

 

HOW TO CONTROL AND DELETE COOKIES

We will not use cookies to collect personally identifiable information about you.  However, if you wish to restrict or block the cookies which are set by our website or any other website, you can do this through your browser settings.  Comprehensive information on how to do this across a wide variety of browsers can be found at www.aboutcookies.org.

Please be aware that restricting cookies may impact the functionality of the websites you visit.

THIRD PARTY COOKIES

 

Google Analytics

Google analytics is a web analytics service provider provided by Google Inc.  Google analytics sets a cookie in order to evaluate a visitor’s use of our website.

Google stores the information collection by the cookie on their servers in the United States.  Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf.  Google will not associate your IP address with any other data held by Google. By using our website, you consent to the processing of data about you by Google in the manner and the purposes set out above.

For more information on the cookie set by Google analytics, including information on how to opt out please go to http://www.google.com/intl/en/privacypolicy.html

CHANGES TO OUR PRIVACY POLICY AND COOKIE POLICY

Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to our privacy policy.

CONTACT

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to freddie@tennerapp.com.

 

Tenner Terms of Use

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 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;

      2. 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

      3. 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.  If you use the Services in any way, and we discover or determine that you are not eligible to participate, 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.

    3. 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.

  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. 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.  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.htmlhttp://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: 13/11/19

 

Tenner Contest Official Rules

Note: Apple is not a sponsor or in any way involved with the contest.

 

Each Tenner contest operated through the Services, including without limitation through the App (each, a "Contest") is sponsored by Tenner Games Limited ("Tenner"). In addition to these Official Rules, your participation in any Contest is subject to the Tenner Terms of Use ("Terms of Use") and the Tenner Privacy Policy ("Privacy Policy"), both available at www.tennerapp.com/privacy.  Any capitalized terms not defined in these Official Rules will have the meanings assigned to them in the Terms of Use.  The Contests are not sponsored, endorsed, administered by, or associated with Apple Inc. or its subsidiaries or affiliates any sports leagues or sports clubs featured within the Services.

 

  1. Eligibility

    1. Subject to these Official Rules, the Contests are open to any individual located in the United Kingdom who is at least 18 years old as of the date of entry. Employees of Tenner and its respective parents, affiliates, subsidiaries, and advertising and promotion agencies and any other entity involved in the development or administration of the Contests, and their immediate family members or household members, or any other individuals or parties deemed not eligible under the Terms of Use, are not eligible to participate in or win the Contests.

    2. The contests are void where prohibited or restricted by law or where bonding, registration, or other requirements would be required but have not been met, or where the methods of entry set forth below would be deemed consideration. All applicable federal, state and local laws apply.

    3. Notice to all international entrants: As stated above, it is your responsibility to comply with the contest laws of your country/jurisdiction. You acknowledge that certain countries/jurisdictions have laws regarding contests that may prevent Tenner from awarding you your Prize (as defined below). If you are a winner and this happens to be the case with your country/jurisdiction, you acknowledge that you may not be able to receive any Prize at all from Tenner. By entering this Contest, you acknowledge the risks, and understand that you may win but not be able to receive a Prize.

  2. Entry Period

    1. Contests will be announced through the App from time to time. You may join the Contests while they are live.

  3. How to enter and play

    1. No purchase or payment is necessary to participate in the Contests. Enter the Contests by completing each of the following steps:

      1. Download or open the App, available through the Apple or Google Play Stores, on your mobile device, and either (a) log into your existing Tenner Account, or (b) if you do not already have a Tenner Account, sign up for a Tenner Account via email or Facebook.

      2. Select a game to play and submit your predictions in accordance with the instructions through the App.

      3. Accumulate points based on your predictions.  

      4. Point values for picks shall be determined in Tenner’s sole discretion.

      5. In the unlikely event that none of the available predictions are correct for a given question, that question shall be voided and shall not count as an incorrect prediction to any player.

      6. For any time-related questions, results will be based from https://time.gov/. Unless explicitly stated otherwise, all times are local time in London, United Kingdom.

    2. By downloading or using the App, you agree that your use, and any information provided by you or collected by Tenner in connection with the Contests, are subject to the Privacy Policy and Terms of Use.  Tenner may use your information in accordance with the Terms of Use and/or the Privacy Policy and may share such information with Tenner’s affiliated business entities, service providers, prize providers, marketing and promotional partners and/or business partners. All information submitted to or through the App becomes the property of Tenner unless otherwise expressly set forth in writing by Tenner.  

    3. Tenner expressly reserves the right to disqualify any entries that it believes in good faith are generated by an automated means or scripts. Entries generated by script, macro or other automated means are void.

  4. Prizes 

    1. The winner of each Contest will receive a prize determined in Tenner’s sole discretion (the "Prize"). 

    2. Decisions of Tenner are final and binding with respect to all matters related to the Contest. In no event shall Tenner be obligated to award any prizes other than the Prize specified in these Official Rules or as otherwise set forth where specific Contest rules and terms are provided. Tenner does not guarantee that the Prize can be made available to the winner. The Prize is not assignable and not transferable and no substitutions are permitted.  In addition, if the Prize is unable to be fulfilled to the winner due to any applicable law, rule or regulation, or for any other reason, or if the winner cannot claim the Prize for any reason, then Tenner reserves the right to not award the Prize at all.  The winner shall be responsible and liable for all federal, state and local taxes on the value of the Prize.

  5. Prize selection

    1. In each Contest, the Prize will be paid to the Winner (defined below), or, in the event there are multiple Winners, the Prize will be divided equally between every Winner, rounded to the nearest penny at Tenner’s discretion.

    2. Winners are players who either:

      1. answer every question within a Contest correctly; or

      2. have used an Extra Life (defined below) within a Contest and have answered all but one or all questions correctly within that same Contest.

  6. Extra Lives

    1. Extra Lives are power ups that players can use during a Contest to increase their chance of winning. Players who use an Extra Life within a Contest will be able to answer up to one question incorrectly while still winning the Contest.

    2. Users may use a maximum of one Extra Life per Contest.

    3. Users may be awarded Extra Lives

  7. Prize payment

    1. Cash prizes will be paid by our payment processor, PayPal, Inc. ("PayPal").  Cash prize fulfillment 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. There is no minimum cash balance players must obtain in order to cash out their winnings.

  8. Notifying Winners

    1. The Contest will be conducted under the supervision of Tenner. The decisions of Tenner are final and binding in all matters relating to this Contest. The winner will be notified in the Tenner Application or by email; provided, however, that Tenner reserves the right to determine an alternate method of notification. 

    2. The winner must cash-out the Prize within 90 days after the date of notification of such Prize. A Contest winner's failure to cash-out the Prize within the specified 90 days will be considered such Contest winner's forfeiture of the Prize and Tenner may, at its option and sole discretion, choose not to award the Prize at all.

    3. If an entrant is found to be ineligible, Tenner may, at its option and sole discretion, choose not to award the Prize at all.  

  9. General Conditions and Releases

    1. By entering the Contest or accepting a Prize, you agree to conform to all federal, state and local laws and regulations. When applicable, the Winner may be required in Tenner’s sole discretion to complete relevant tax forms as a condition to the delivery of the applicable prize. The Winner may also be required to furnish proof of identity, address and birth date in order to receive a Prize.

    2. Unless prohibited by applicable law, your acceptance of a Prize constitutes your permission to use your name, submissions, photograph, likeness, voice, address (city and state) and testimonials in all media, in perpetuity, in any manner Tenner deems appropriate for publicity purposes without any compensation to you or any review or approval rights, notifications, or permissions; and constitutes your consent to disclose your personally identifiable information to third parties (including, without limitation, placing your name on a winner's list or leaderboard).  Notwithstanding any rights of publicity, privacy or otherwise (whether or not statutory) anywhere in the world, your acceptance of a Prize constitutes your authorization to (i) have Tenner (and its agents, consultants and employees) photograph, record, tape, film and otherwise visually and audiovisually record you, (ii) have Tenner (and its agents, consultants and employees) use, reproduce, disseminate, alter, edit, dub, modify, distort, add to, subtract from, process and otherwise exploit any results of such activity (including without limitation any manner in which such activity may be recorded or remembered or modified) or derivatives or extensions or imitations thereof in any manner that Tenner sees fit, in any medium or technology known or hereinafter invented, throughout the universe in perpetuity, including without limitation for illustration, art, promotion, advertising, trade or any other purpose whatsoever; and (iii) have relinquished any right that you may have to examine or approve the completed product or products or the advertising copy or printed matter that may be used in conjunction therewith or the use to which it may be applied.  

    3. An entrant or winner may be disqualified from the Contest if he or she fails to comply with each provision of these Official Rules and all other applicable terms and rules for the particular Contest, as set forth by Tenner, as determined in the sole discretion of Tenner.

    4. Participation in the Contest is at entrant's own risk. Tenner shall not be liable for:

      1. failed, returned or misdirected notifications based on inaccurate information provided by the winner in connection with an entry;

      2. entries and responses to winner notifications which are lost, late, incomplete, illegible, unintelligible, postage-due, misdirected, damaged or otherwise not received by the intended recipient in whole or in part or for computer or technical error of any kind;

      3. any electronic miscommunications or failures, technical hardware or software failures of any kind, lost or unavailable network connections, or failed incomplete, garbled or delayed computer transmissions which may limit an entrant's ability to participate in the Contest; 

      4. any technical malfunctions of the telephone network, computer on-line system, computer equipment, software, program malfunctions or other failures, delayed computer transactions or network connections that are human, mechanical or technical in nature, or any combination thereof, including any injury or damage to entrant's or any other person's computer or mobile device related to or resulting from downloading the App or otherwise in connection with this Contest; or

      5. any warranty with respect to any Prize or any component thereof.

    5. The contest is provided "as is" and Tenner does not make any, and hereby disclaims any and all, representations or warranties of any kind regarding the contest. 

    6. Notwithstanding anything else herein or otherwise, Tenner shall not be liable or obligated with respect to any subject matter of this agreement or under contract, negligence, strict liability or other legal or equitable theory for (a) any special, incidental, consequential, or exemplary damages (including, without limitation, loss of revenue, goodwill, or anticipated profits) (b) amounts in excess of the prize for the applicable contest, (c) data loss or cost of procurement of substitute goods or services, and/or (d) any matter beyond such parties' reasonable control.

    7. By entering the Contest, you agree to and hereby do release and hold harmless Tenner, its respective parents, subsidiaries and affiliated entities, directors, officers, employees, attorneys, agents, and representatives (the "Released Parties") from any damage, injury, death, loss, claim, action, demand, or other liability (collectively, "Claims") that may arise from your acceptance, possession and/or use of any Prize or your participation in this Contest, or from any misuse or malfunction of any Prize awarded, regardless of whether such Claims, or knowledge of the facts constituting such Claims, exist at the time of entry or arise at any time thereafter, and indemnify each of the Released Parties from any damages arising therefrom.

    8. Any person attempting to defraud or in any way tamper with this Contest may be prosecuted to the full extent of the law.

    9. Tenner reserves the right to modify these Official Rules in any way or at any time. Tenner reserves the right, in its sole discretion, to cancel or suspend this Contest should viruses, bugs or other causes beyond its control corrupt the administration, security or proper operation of the Contest. In the event of cancellation or suspension, Tenner shall promptly post a notice on the Tenner App to such effect.

    10. This Contest shall be governed by the laws of England and Wales and players agree to submit to the exclusive jurisdiction of the English courts.