TERMS AND CONDITIONS

  1. APPLICABILITY:

These Terms of Use (these “Terms”) are between you and Contested Ltd (together with our affiliates, “Contested,” “we” or “us”) and provide the general terms and conditions that govern your access to, use of, and interactions with:

(A) the Contested website located at https://contested.com/ (the “Website”) (B) Contested applications made available through the Website (the “Software”) (C) any Contested-controlled social media pages (including on Facebook, Instagram, Spotify and Twitter), and/or (D) any content, functionality, and services offered on or through the Website, Software and social media pages.

To make these Terms easier to read, the Website and Software, along with the Contested-controlled social media pages and any content, functionality, and services offered on or through the Website, Software and social media pages, are collectively called the “Services.”

  1. YOUR ACCEPTANCE OF THESE TERMS:

Your use of the Services in any way signifies that you accept and agree to these Terms, including any modifications that Contested makes from time to time. If you do not wish to be bound by these Terms, you may not access or use the Service.

  1. CHANGES TO THESE TERMS:

Contested may modify these Terms at any time, at our sole discretion. To the extent permitted by law, all changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are responsible for checking these Terms regularly to ensure that you understand the Terms that apply at the time of your access to or use of the Services.

  1. ELIGIBILITY REQUIREMENTS:

You must be at least 18 years old to use the Services. You must be physically located and reside in England, Scotland, or Wales. You are not currently self-excluded under the Terms of Use. You will abide at all times by these Terms of Use, as amended, and any other agreements between you and Contested regarding your use of the Site or participation in the Contests

  1. ACCESS TO THE SERVICES:

The Services are offered only for your personal, non-commercial use, and not for the use or benefit of any third-party. We may, at our sole discretion, change, modify and/or refuse to offer some or all the Services to any person and change the eligibility criteria at any time. Any right to access and use the Services is automatically revoked where these Terms, or use of the Services, is prohibited or conflicts with any applicable law, rule, or regulation.

Limiting or Modifying the Services: We reserve the right to withdraw, limit or otherwise modify the Services, in our sole discretion without notice. We will not be liable if for any reason all or any portion of the Services are unavailable at any time or for any period.

Internet Access: You are solely responsible for making all arrangements necessary for you to have access to the Services, including, without limitation, securing internet connections, and for any telecommunication fees.

  1. ACCOUNT REGISTRATION AND SECURITY:

To enjoy full access and use of our Services, you may be asked to provide certain registration details or other information so to create a user account (an “Account”).

Account Information: It is a condition of your use of the Services that all the information you provide is correct, current, and complete. You may not use someone else’s name, or any name, location, other public profile information or image that violates any third-party rights, is against the law, or that is offensive, obscene, or otherwise objectionable. You agree to promptly notify us if any of your information changes or is inaccurate.

Account Security: Your account is for your personal use only. You may not allow others to use your Account and may not or transfer your Account to any other person or entity. You must safeguard the confidentiality of your password, and if you are using a device that others have access to, log out of your account after using the Services. You are responsible for all activity that occurs under your account, including any activity by unauthorized users. If you suspect or know of unauthorized access to your account, change your password and immediately notify Contested by sending an email to hello@contested.com.

  1. TERMINATION OF RIGHT TO USE;

ACCOUNT DELETION:

We have the right to suspend, delete and/or disable any Account (or any part thereof) or block for any lawful reason, including if we determine that you have violated these Terms or that your conduct or User Contribution would tend to damage Contested’s reputation or goodwill. If Contested deletes your account or terminates your permission to use the Services, you may not re-register for or continue to use the Service under any other email or Account without explicit permission by Contested.

  1. PRIVACY NOTICE:

Please review the Privacy Policy to learn about (A) what information we may collect about you, (B) what we use that information for, and (C) with whom we may share your information.

  1. PRIZES

Each Contest or promotion is governed by its own set of official rules. We encourage you to read such Contest and Promotions Rules before participating which will be published on the website alongside the contest. Our prizes are fixed and do not depend on the number of entrants for each contest. Contested will announce the prizes in advance on the contest page. Each Contest will last for approximately one month, starting from the 1st Monday of that month and ending on the last Sunday of the next calendar month or as otherwise specified in Contest conditions. After each Contest ends, prizes are awarded. Prizes are awarded to Entrants who accumulate the most Credits as set forth in Contest details, or based on other factors as described by specific Contest rules. Prizes will only be awarded if a Contest is run. We reserve the right to cancel Contests at any time. When an Entrant wins a Contest, the prize for that Contest will be emailed to the winner in under 5 business days. Contest prizes are listed in our prize table list. If there is a tie in a specific Contest among Contested users, another way of determining the winner will be decided at Contested’s discretion. Contested waits for a certain period to elapse to confirm the winner(s) of a contest after the final day of the Contest is completed so that Contested can correct any major errors. Once prizes are awarded to the winners, results will not be changed regardless of any official adjustments made.

When a Contest is complete, all credits for the Contest will be removed from your account. At the start of the next Contest, you will receive new Credits. You will receive the number of Credits specified in your Subscription. If you purchased a one-off credit bundle for a Contest, it will not roll over into the next Contest.

Contest prizes will be published with the creation of each new contest. Contested reserves the right, in its sole discretion, to cancel or suspend the contests (or any portion thereof) should virus, bugs, unauthorized human intervention, or other causes corrupt administration, security, fairness, integrity or proper operation of the contest (or any portion thereof) warrant doing so. Notification of such changes may be provided by Contested to its customers but will not be required.

Please Note: The Early Bird Prize Draw ending on October 1st 2022 will function differently from all later Contest rewards in that it will not be based completely on who has the most credits. Instead, it will be a randomized draw weighted towards those with more credits. 1 credit equals 1 prize draw ticket. Thus, while players with more credits have a higher chance to win, those with few credits still have the opportunity.

  1. GENERAL PROHIBITIONS AND CONTESTED ENFORCEMENT RIGHTS:

You may use the Services only for lawful purposes and in accordance with these Terms. Additionally, you agree that you will not do any of the following:

Impersonate or misrepresent your affiliation with any person or entity. Interfere, or attempt to interfere, with the proper working of the Services. Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third-party or in any manner not permitted by these Terms or permitted expressly in writing by Contested. Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services. Access, tamper with, or use non-public areas of the Services, Contested’s computer systems, or the technical delivery systems of Contested’s providers. Attempt to probe, scan or test the vulnerability of any Contested system or network or breach any security or authentication measures. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Contested or any of Contested’s providers or any other third-party (including another user) to protect the Services, systems, or other content. Bypass any territorial restrictions, including IP address-based restrictions, that may be applied to the Services. Use the Services in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Website. Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of any information or materials. Use any manual process to access, monitor or copy any information or materials, or for any other purpose not expressly authorized in these Terms, without our prior written consent. Collect or store any personally identifiable information from other users of the Services. Use any device, software, or routine that interferes with the proper working of the Services. Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website of Software, the servers on which the Website of Software are stored, or any other server, computer, or database connected to the Services. Attack the Website, or any other server, computer, or database connected to the Services, via a denial-of-service attack or a distributed denial-of-service attack. Use, display, mirror or frame the Services or any individual element within the Services, Contested’s name, any Contested trademark, logo or other proprietary information, or the layout and design of any page or copy contained on a page, without Contested’s express written consent. Use any meta tags or other hidden text or metadata utilizing a Contested trademark, logo URL or product name without Constested’s express written consent. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or User Contributions to send altered, deceptive, or false source-identifying information. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation.

Post, upload, publish, submit, or transmit any User Contribution or engage in any activity that: infringes, misappropriates, or violates a third-party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; is fraudulent, false, misleading, or deceptive; is defamatory, obscene, pornographic, vulgar or offensive; promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; is violent or threatening or promotes violence or actions that are threatening to any person, animal, or entity; publishes the confidential, proprietary or personal information of any other person or entity; exploits minors; promotes illegal or harmful activities or substances.

Encourage or enable any other individual to do any of the foregoing to otherwise violate these Terms.

We have the right to monitor access to or use of the Services for the purpose of operating the Services, to ensure compliance with these Terms, to comply with applicable law or other legal requirements and to maintain the integrity and reputation of the Services and Constested’s systems. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

  1. OUR PROPRIETARY RIGHTS:

Contested owns all title, ownership and intellectual property rights in and to the Site. You acknowledge and agree that the Site contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Contested, you agree not to modify, rent, lease, loan, sell, distribute or create derivate works based on the Site, in whole or in part.

  1. LIMITATION OF LIABILITY;

SOLE AND EXCLUSIVE REMEDY:

To the maximum extent permitted by law, the released parties are not responsible and will have no obligation or liability resulting from (i) incorrect or incomplete information, whether caused by you or otherwise, technical errors, or by any of the equipment or programming associated with or utilized by Contested; (ii) technical failures of any kind, including, but not limited to outages, malfunctions, interruptions, or disconnections in phone lines or network hardware or software or scheduled or unscheduled maintenance; (iii) the use or the inability to use the services; (iv) unauthorized access to or alteration of your transmissions or data; (v) statements or conduct of any third party on the website; (vi) any other matter relating to the services; (vi) the cost of procuring substitute goods, services or technology; or (vii) any indirect, incidental, consequential, or special or exemplary damages arising out of or in any way connected with access to or use of the services, even if Contested and/or its affiliates have been advised of the possibility of such damages. To the full extent permissible under applicable law, Contested’s aggregate liability to you. You acknowledge and agree that your sole remedy for any breach of these terms and any problems or dissatisfaction with the website or any portion of the software is to terminate your account and discontinue the use of the website and the software. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, the liability of Contested and its affiliates hereunder shall be limited to the fullest extent permitted by law.

  1. COMPLAINTS AND DISPUTES RESOLUTION

Our aim is to offer you the greatest customer experience possible, however we recognise that there are rare occasions where we may not meet your expectations. Contested’s customer support department is available to address any concerns, problems or complaints involving the Site and should be contacted by email at hello@contested.com. We will deal with your complaint or concern as quickly as possible. If you are dissatisfied with the response of our Customer Services Team then you have the right to request that the complaint is escalated to a member of the senior management team.

  1. USER AGREEMENT

If you selected, and therefore agree to, a subscription to Contested, payment may be taken several days before the next competition in return for the number of credits that your subscription entails. Your Contested subscription will continue until terminated. To use Contested services you must have Internet access and a Contested ready device, and provide us with one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through your account with a third party. Unless you cancel your membership before your billing date, you authorize us to charge the membership fee for the next billing cycle to your Payment Method (see “Cancellation” below). We may offer a number of membership plans. Some membership plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. We may from time to time offer special promotional offers, plans or memberships (“Offers”). Offer eligibility is determined by Contested at its sole discretion and we reserve the right to revoke an Offer and put your account on hold in the event that we determine you are not eligible. We may use information such as device ID, method of payment or an account email address used with an existing or recent Contested membership to determine Offer eligibility.

  1. BILLING AND CANCELLATION

The membership fee for Contested will be charged to your Payment Method on or before the beginning of every contest. To use Contested you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.

You can update your Payment Methods online, or by contacting support at hello@contested.com . We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).

You can cancel your Contested subscription at any time, and you will continue to have access to Contested and your credits until the end of the Contest for which you have already purchased credits. Payments are non-refundable and we do not provide refunds or credits for any partial membership periods or unused credits. To cancel, access your account online or email Contested at hello@contested.com with your name and account information.

We may change our subscription plans and the price of our service from time to time; however, any price changes or changes to your subscription plans will apply no earlier than 30 days following notice to you.

All credits purchased during a Contest are valid for that Contest only. When a Contest is complete, no credits will be rolled over into the next Contest. As part of your subscription, you will receive new credits for the next Contest. No one-off credit purchases will roll over. No credits earned through referrals will roll over unless stated otherwise.

  1. GENERAL INFORMATION

ENTIRE AGREEMENT

These Terms of Use and our Privacy Policy constitute the entire agreement between you and Contested with respect to the Site and supersede all other written and oral communications or agreements with regard to the subject matters discussed herein.

WAIVER AND SEVERABILITY OF TERMS

The failure of Contested to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision. All other provisions shall remain in full force and effect.