TERMS

HIGH SCORE COMPETITION & LUCKY DRAWS

PLEASE READ THESE TERMS CAREFULLY BEFORE PARTICIPATING IN POCKET ARENA

 

This Schedule includes specific terms and conditions which shall apply to the Pocket Arena (the "Pocket Arena Terms") and they are incorporated by reference to M-Biz End User Terms and Conditions.

 

  1. The Promoter

    1.1 The promoter of the Pocket Arena is M-Biz Global Company Limited, a company registered in England (No. 05593794, VAT No. 865 0322 36) whose registered office is at Suite 10, Millennium House, 21 Eden Street Kingston Upon Thames, Surrey, KT1 1BL, United Kingdom.

    1.2 "Participant" means an entrant in the Pocket Arena.

    1.3 "Territory" means Thailand.

    1.4 "we", "us" and "our" means M-Biz Global Company Limited.

  2. Pocket Arena

    2.1 Pocket Arena is comprised by:

    2.1.1 The High Score Competition: a score based competition by which the three highest scorers in specific Mobile Games win a prize (the "High Score Competition"); and

    2.1.2 The Lucky Draw: a free draw by which all the Participants for a High Score competition will be entered in a lucky draw for a chance to win a prize (the "Lucky Draw"). There will be one Lucky Draw for each High Score Competition unless the Additional Terms specify otherwise.

    (collectively the "Pocket Arena" and "Competition" shall mean any particular High Score Competition or Lucky Draw).

    2.2 Not all Competitions are necessarily available in the Territory.

  3. Scope of the Pocket Arena Terms

    3.1 Unless otherwise agreed in writing with M-Biz, your participation in the Pocket Arena will always be bound, at a minimum, by the Pocket Arena Terms. Your agreement with M-Biz will also include the terms of any legal notices with information about the Pocket Arena such us opening and closing dates and the prizes offered for the each High Score Competition and Lucky Draws (the "Additional Terms"). Pocket Arena Terms, together with the Additional Terms, form a legally binding agreement between you and M-Biz in relation to Pocket Arena. Where Additional Terms apply to a particular High Score Competition or Lucky Draw, they will be accessible for you within, or through use of that service.

    In the event of a conflict between Pocket Arena Terms and the Additional Terms, the Additional Terms shall take precedence. In the event of a conflict between Pocket Arena Terms and the M-Biz End User Terms and Conditions, these Pocket Arena Terms shall take precedence in respect of the Pocket Arena.

    3.2 By registering and/or participating in the Pocket Arena you signify your acceptance to the Pocket Arena Terms and any applicable Additional Terms.

  4. The dates for Pocket Arena

    4.1 Each Competition will run for a fixed period as set-out in the Additional Terms (the "Competition Period").

    4.2 Only the entries for Pocket Arena submitted and received by our servers during the Competition Period for a particular Competition will be taken into account for that Competition. Entries received outside of the Competition Period will not be entered into that Competition, but you may still be charged the network operator's standard SMS or Internet wap rates.

    4.3 A Competition may not run every quarter, so please check our wap site or our website before sending your entries.

  5. Entry restrictions

    5.1 Pocket Arena is open to entrants aged 12 or over who are residents of the Territory, excluding employees of M-Biz, or any of its subsidiary companies, their families, agents or anyone else connected with Pocket Arena. No third party entries, bulk entries or entries submitted by agents will be accepted.

    5.2 If you are 12 or older but under the age of 18, you should review these terms with your parent or guardian to make sure that you and your parent or guardian understand them.

    5.3 Pocket Arena is available to Participants within the Territory. You agree not to enter or attempt to enter Pocket Arena from outside the Territory.

    5.5 M-Biz reserves the right to verify the eligibility of entrants. M-Biz may require such information as it considers reasonably necessary, for the purpose of verifying the eligibility of an entrant and the prize may be withheld until M-Biz is reasonably satisfied with the verification.

    5.5 For the Lucky Draws only one entry per Unique User ID is allowed.

    5.6 Entries not complying with the Pocket Arena Terms and any applicable Additional Terms will be invalid.

  6. Winners

    6.1 High Score Competition:

    6.1.1 Unless the Additional Terms state otherwise, the winners of each High Score Competition will be the three Participants submitting the three highest score received during the Competition Period (and there could be different prizes for first, second and third position). In the event that there is a tie in any of the top three high score positions between two or more Participants, the first Participant who reached the highest score as of calendar days prior to the end of the competition will be declared the winner. Any remaining tied Participants will be selected on the same basis until there are three winners (e.g. if two Participants have the same score and are tied for second place, the first Participant holding the second position will be selected amongst the tied Participants and the remaining tied Participant(s) will be successively moved down one position.

    6.1.2 Participants will be entitled to claim only one prize in a High Score Competition notwithstanding that they enter two or more top three scores.

    6.1.3 M-Biz shall be entitled, at any time and at its sole discretion, to restrict any winners of a High Score Competition from participating, and/or claiming prizes in subsequent High Score Competitions connected to the same Mobile Game. However, a winning Participant can enter and claim other prizes in separate High Score Competitions connected to different Mobile Games.

    6.1.4 Participants will be able to play Demo Games running a High Score Competition and submit their scores. However, to have a realistic chance to achieve top three high scores, a Participant may need to purchase and unlock the Full Version Game.

    6.1.5 The winners of the High Score Competition, will be informed via their mobile phone or via an e-mail informing them that they won the prize.

    6.1.5.1 The winner shall, depending on the prize, either be able to download the prize or will be asked to insert a postal address for delivery within the Territory. Prizes will not be delivered to addresses outside of the Territory.

    6.1.5.2 The winner may be asked to provide proof of identity and a phone bill at any time by M-Biz, its employees or sub-contractors.

    6.2 Lucky draws:

    6.2.1 All the Participants submitting entries in a High Score Competition during the Competition Period will be entered into a Lucky Draw.

    6.2.2 M-Biz's random-selection computer program (one entry per Unique User ID) will randomly draw one or more Lucky Draw winners from all eligible entries received as specified in the Additional Terms.

    6.2.3 The draw date for the Lucky Draw will usually be within 90 days from the closing of each Lucky Draw.

    6.2.4 The winners of the Lucky Draw, will be informed via their mobile phone or via an e-mail informing them that they won a prize:

    6.2.4.1 The winner shall, depending on the prize, either be able to download the prize or will be asked to insert a postal address for delivery within the Territory. Prizes will not be delivered to addresses outside of the Territory.

    6.2.4.2 The winner may be asked to provide proof of identity and a phone bill at any time by M-Biz or its employees or sub-contractors.

  7. Prizes

    7.1 The prizes for each High Score Competition or Lucky Draw will be specified in the Additional Terms.

    7.2 M-Biz reserves the right to provide substitute prize(s) of similar value should the specified prize(s) become unavailable for reasons beyond its control. Cash or credit alternatives will not be offered. None of the prizes are transferable.

    7.3 M-Biz shall not be responsible for any inability of a prize winner to take up a specified prize. The prize is awarded conditionally upon acceptance and if a winner is unable to be contacted within 3 Months or if any prize is unclaimed or declined within a reasonable period, the prize shall be deemed as unclaimed or unaccepted and a supplementary winner may be drawn at M-Biz's discretion.

    7.4 M-Biz shall not be responsible for incorrectly completed, lost or delayed entries, notices, acceptances, tickets or other documents related to the prize(s).

    7.5 M-Biz reserves the right not to award a prize to a winning Participant, in the event of any discrepancy between the information provided by him/her at the time of registering in Pocket Arena (e-mail, telephone number, user name) and the information provided by such winning Participant when claiming any prize.

    7.6 Unless otherwise expressly stated, where the prize requires attendance at a specific venue, the winner and any permitted companions will be solely responsible for travel to and from the venue and all other expenses. M-Biz assumes no responsibility and is not liable for any costs, charges or expenses which winners may be required to pay at any time in connection with a prize.

    7.7 Any prizes provided by third parties (e.g. restaurant meals) will be subject to the terms and conditions of such third parties. Where a prize consists on tickets for an event organised by a third party (e.g. concerts, sport events) such events may occasionally be canceled for reasons outside M-Biz's control. M-Biz will endeavour to promptly update any relevant information, but M-Biz shall not be liable for any expenses incurred by the Participant in connection with the event (e.g. transport or accommodation expenses). Furthermore, M-Biz cannot issue refunds for texts sent or calls made before this occurs (where applicable). M-Biz will not be liable for any cost incurred as a result of any change of date or venue or cancellation of any event.

    7.8 M-Biz reserves the right to conduct high score verification checks on any participants at any time during or after the competition. If participants are unable to provide satisfactory evidence as deemed fit by M-Biz, they will be disqualified from the competition.

  8. Conduct of Participants

    8.1 M-Biz reserves the right, in its own sole discretion, to disqualify, and/or ban from any current or future Pocket Arena Competition, any individual or Participant that falsifies or technically abuses the entry process, or any part of the operation of Pocket Arena Competition or acts with the intent to annoy, abuse, threaten or harass any person employed or sub-contracted by M-Biz.

  9. Miscellaneous

    9.1 Nothing in these Pocket Arena Terms and in the Additional Terms shall exclude or restrict M-Biz's liability for death or personal injury resulting from its negligence or the negligence of its employees or sub-contractors while acting in the course of their employment.

    9.2 In the event of fraud, abuse, and/or an error affecting the proper operation of Pocket Arena, including the allocation of more prizes than are available, M-Biz reserves the right to end or suspend the High Score Competition and/or the Lucky Draws; amend the Pocket Arena Terms and Additional Terms; declare void the notification of winner(s); and/or to allocate available prizes by conducting a simple draw.

    9.3 Any discretional decisions by M-Biz regarding any aspects of Pocket Arena, will be taken in accordance with the Pocket Arena Terms and any applicable Additional terms and will be final (no correspondence will be entered into).

    9.4 If a winning Participant is under 16, M-Biz may require express consent from his/her parent or guardian before awarding and delivering any prize to the child winner. In the event that M-Biz is unable to obtain the parent/guardian's consent within 3 months from M-Biz's consent request or the parent/guardian do not consent to the child receiving the prize, such prize shall be deemed as unclaimed or unaccepted and a supplementary winner may be drawn at M-Biz's discretion.

    9.5 Participants's data will be collected, stored and processed for the purposes of administering and running the Pocket Arena and will be collected and processed in accordance with our Privacy Policy http://pocketarena.com/terms. If a prize includes tickets to an event or vouchers for a meal in a selected restaurant, then for the purpose of administering the ticket allocation, M-Biz reserves the right to exchange information and data regarding tickets, vouchers and applications with third party ticket providers and/or other service providers.

    9.6 If any provision of the Pocket Arena Terms and/or Additional Terms is held invalid by any law, rule, order or regulation of any government, or by the final determination of any court of a competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions not held to be invalid.

    9.7 Participants acknowledge and agree, that if M-Biz does not exercise or enforce any legal right or remedy which is contained in the Pocket Arena Terms or any applicable Additional Terms (or which M-Biz has the benefit of under any applicable law), this will not be taken to be a formal waiver of M-Biz's rights and that those rights or remedies will still be available to M-Biz.

    9.8 M-Biz reserves the right to suspend, cancel or amend the Pocket Arena, the Pocket Arena Terms, and any Additional Terms at any time without giving prior notice. By continuing to take part in the Pocket Arena subsequent to any revision of the Pocket Arena Terms and any Additional Terms, Participants shall be deemed to have agreed to any such new or amended terms.

    9.9 You agree that M-Biz may provide you with notices, including those regarding changes to the Pocket Arena Terms and/or any Additional Terms, by email, SMS, MMS, regular mail, or postings on M-Biz's wap site or website.

    9.10 The Pocket Arena Terms and any Additional Terms are governed by English law and the courts of England and Wales shall have non-exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims). Notwithstanding this, you agree that M-Biz shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.





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