1 INTRODUCTION

1.1 The Terms and Conditions below set out the rules for PredictoMobile which is owned organized and operated by PredictoMobile LLC (“PredictoMobile” “We” “Us” “Our”) whose address for correspondence is 78 York Street, London, W1H 1DP, UK. Our e-mail contact address is cs_support_uk@predicto.com and our free phone contact number is 0800 9173468. Please read these Terms and Conditions which also include the Prize Draw Official Rules and Our Privacy Policy (together “Terms and Conditions”) carefully as your participation in the Service (as defined below) is strictly conditional on your complying with, and acceptance of the same. By participating in any element of the Service, you will be confirming your acceptance of these Terms and Conditions. We reserve the right to terminate your use of the Service and/or withhold/forfeit any benefits including Loyalty Points and Rewards if We have reasonable grounds to believe that you have breached any of these Terms and Conditions.

1.2 We reserve the right to amend these Terms and Conditions from time to time and save where indicated in these Terms and Conditions to the contrary, without giving you prior notice. By participating in the Service, you agree to be bound by the Terms and Conditions currently in force on the date. Terms and Conditions in force at any one time will be posted on our website at http://uk.predicto.com. A copy of the same can be obtained by writing to the correspondence address mentioned in 1.1 above.

1.3 Whilst you must read the Terms and Conditions in full, to help you quickly get a grasp of what the Service involves, We would identify its key features to include the following opportunities:

• to vote on surveys that interest you and by doing so to receive Loyalty Points,
• to redeem the Loyalty Points for Rewards,
• to participate in Prize Draws, and
• as a Premium Member, to have more frequent interaction with Us by using your mobile phone to receive and send texts from / to Us.

2.1 DEFINITIONS

Any words within these Terms and Conditions that start with a capital letter shall have the following meanings:

1. "Account" means the account created for and used by Members to track their voting history and Loyalty Points.
2. "Basic Member" means any Member who is not a Premium Member.
3. "Basic Member Terms" means the terms set out in clause 5 which govern a Basic Member’s participation in the Service.
4. "Downloadable Rewards" means Rewards that are downloadable directly to a Member’s mobile phone.
5. "Email Rewards" means Rewards in the form of codes sent to a Member’s email address.
6. "Excluded Person" means any Minor, employees of PredictoMobile LLC, ePrize LLC and their parent and affiliate companies, suppliers as well as their family and household members.
7. "FAQ’s" means frequently asked questions accessible by clicking on the “FAQ” link at the foot of each page of the Website.
8. "Rewards" means the Rewards selected by a Member from the Web-Site Catalogue including any one or more of Downloadable Rewards, Email Rewards and Physical Rewards.
9. "Intellectual Property Rights" means: all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
10. "Legislation" means all UK legislation which has application to these Terms and Conditions including the Data Protection Act 1998 and the Consumer Protection from Unfair Trading Regulations 2008.
11. "Loyalty Points" means the points granted to Members who vote on a Survey.
12. "Member" means someone who is either:
    • a Premium Member, or
    • a Basic Member.
13. "Minor" any person under the age of 18
14. "Official Rules" means the rules which govern a Member’s participation in a Prize Draw as more particularly set out on the Web-site.
15. "Password" means the password, user ID and PIN given and/or attributed to a Member to enable them to access protected areas of the Web-Site.
16. "PhonepayPlus" means the UK’s regulator of premium rate services.
17. "PhonepayPlus Code of Practice" means the most current edition of the the Code for Premium Rate Services approved under Section 121 of the Communications Act 2003.
18. "Physical Rewards" means Rewards which We ship to your nominated address in the United Kingdom.
19. "Premium Member" means someone who pays a Weekly Subscription.
20. "Premium Member Privileges" means the privileges which benefit Premium Members only and which are more particularly detailed in clause 4 below.
21. "Premium Member Terms" means the terms set out in clause 4 which govern a Premium Member’s participation in the Service.
22. "Prize Draw" means any prize draw that We in Our absolute discretion may make available to a Member subject always to the Prize Draw Official Rules.
23. "Reverse Billed Premium SMS" means a mobile-terminating premium rate SMS text message sent to your mobile.
24. "Service" means a Member based service promoted by PredictoMobile which gives those who are eligible to do so the opportunity to access Surveys, news alerts and other User and Site Content including the use of the Website and to participate in Prize Draw.
25. "Shortcode" means a four or five digit number provided by Us to you for use in connection with the Service.
26. "Site Content" means surveys, survey answers, survey voting statistics, editorial copy, images, video files, audio files, and document files presented on the Web-Site or via text messaging and which originate with Us or that are submitted by Members other than you.
27. "SMS" means short messaging service.
28. "Standard Messaging Charge" means the charge made to you by your mobile network operator when you send an SMS text message to Us.
29. "Surveys" means the surveys which are sent to Members from time to time and which concern a variety of current events and topical subjects.
30. "User Content" means your votes on surveys and your voting history, your comments on surveys, votes, on comments submitted by other Members or any other comments you submit, image, video, or audio files you upload to the Web-Site or submit to Us via your mobile, the personal quote on your user profile,.
31. "Web-Site" means the Service web-site http://uk.predicto.com.
32. "Web-Site Catalogue" means the catalogue made available on the Web-Site detailing the Rewards which Members may claim in return for redeeming Loyalty Points.
33. "Weekly Subscription" means FOUR POUNDS FIFTY PENCE (£4.50) paid each week to Us by a Premium Member by one or more Reverse Billed Premium SMS text messages.

2.2 INTERPRETATION

• Words in the singular shall include the plural and vice versa.
• A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.
• Any obligation in this agreement on a person not to do something includes an obligation not to agree, allow, permit or acquiesce in that thing being done.

3.1 To be eligible to participate in the Service, you must:

• comply fully with these Terms and Conditions; and
• be resident in the United Kingdom, the Channel Island or the Isle of Man; and
• be the owner of the mobile phone or have that owner’s permission to use their mobile phone in connection with the Service; and
• be 18 years of age or over; and
• not be an Excluded Person.

4.1 To be a Premium Member and while you remain a Premium Member, you must pay the non-refundable Weekly Subscription and comply with these Terms and Conditions. In addition to your Weekly Subscription, Standard Messaging Charges will be incurred when you send a text message to Us.

A Premium Member has the following privileges:

• the ability to use your mobile phone to receive and to vote on Survey questions;
• the ability to use the Website to vote on Survey questions;
• the ability to use your mobile phone to receive selected news updates with topics that either you have previously voted on or have expressed an interest in;
• the ability to use text commands and/or the Website control panel to control the frequency with which We communicate with you and the information We provide you with;
• to participate in Prize Draws; and
• if switching from a Premium Membership to a Basic Membership, to preserve their Loyalty Points until the designated date for the expiry of the Loyalty Points.

4.2.1 you initiate communication with Us either by sending Us a text message stating “JOIN” to 61400 or by inserting your mobile phone number on the Web-Site or WAP sign up page;

4.2.2 We then send you a free initial subscription text message before you receive the Service, the wording of which will comply with the PhonepayPlus Code of Practice. If you use PayForIt to sign up for a Premium Membership, we will send you a pin number; and

4.2.3 you do not become a Premium Member unless and until you respond to the free initial subscription message with a text message stating “YES” to 61400 or if you use PayForIt to sign up, until you enter the pin number on the pin submit page on the Web-Site.

4.3 you may stop your participation in the Service and/or receiving any communications from Us at any time by sending us an SMS text message stating “STOP” to 61400 or by using any one of the other methods mentioned in clause 1.1 above.

4.4 We may vary the Weekly Subscription at any time after giving you not less than ten (10) days prior notice which notice will be sent to you as a free SMS text message.

4.5 We will establish your Account when you first become a Premium Member.

4.6 It is your responsibility to ensure that you use the MyProfile page on the Website to inform us of any material change which might affect Our ability to deliver the Service to you including any change in your contact details (eg: mobile number, mobile network, email and correspondence address).

4.7 If you become a Premium Member and then cancel or downgrade to a Basic Membership and then sign up again to become a Premium Member, there is the possibility that you may incur two Weekly Subscriptions within 7 days of each other.

5 BASIC MEMBER TERMS

Basic Membership attracts the following benefits:

• the ability to use the Website to vote on Survey questions, and
• to participate in Prize Draws.

5.1.1 On the Web-Site, you will find a Basic Member sign up page where you need to insert your email address and a security code;

5.1.2 Subject to Our approving your application, We will email you a unique confirmation link or URL. By activating the confirmation link or URL you acknowledge and agree that:

• you will be enrolled in a free, ad-supported, internet based service without the benefit of the Premium Member Privileges;
• you may when visiting the Website receive integrated advertising messages;
• you may receive email based advertising content.

6 THE LOYALTY POINT SYSTEM

6.1 Each time a Member votes on a Survey, they receive Loyalty Points which may be redeemed for Rewards published in the most current Website Catalogue.

6.2 In our discretion, we may reward you for introducing to Us a friend who becomes a Member or for taking some other action which benefits Us, by awarding you Loyalty Points or specific Rewards.

6.3 We advise you to regularly check the Website and FAQ’s for details of special promotions and other circumstances where we may award you Loyalty Points.

6.4 Loyalty Points expire 550 days (approximately 18 months) after the last date on which you received a Loyalty Point. Following their expiry, Loyalty Points cannot be redeemed for Rewards.

6.5 Members can check their current Loyalty Points balance on the “MyProfile” page on the Website and on the Website Catalogue page when logged into their Account.

6.6 Rewards featured in the Website Catalogue are subject to availability and we reserve the right to change, substitute or remove a Reward at any time without notice or to change the number of Loyalty Points required to redeem a Reward. If we do find it necessary to substitute out-of-stock, discontinued or otherwise unavailable Rewards, we will give you a Reward of equal or greater value.

6.7 Each time a Member uses their Loyalty Points to redeem a Reward, the number of Loyalty Points identified by the Website Catalogue as necessary to redeem that Reward will be deducted from the Member’s Loyalty Point balance.

6.8 When awarding Loyalty Points we may make them Reward specific eg: a ringtone Loyalty Point – were a Member to choose to receive two ringtones having a balance of three Loyalty Points two of which were ringtone specific Loyalty Points the two ringtone specific Loyalty Points would be redeemed first

6.9 In Our reasonable discretion, We may enable you to receive your Reward by one or more of the following three methods:

• As a download to your mobile phone;
• As a code incorporated in an email; or
• Physical delivery to an address given by you to Us.

• The applicable Reward manufacturer and/or distributor and/or retailer is/are solely responsible for the way in which the Reward has been described to you regardless of the medium through which the Reward was described to you eg: the Website, the Website Catalogue.
• We give no warranties or representations regarding the quality or safety of the Reward including its fitness for purpose.
• Any questions or concerns you might have regarding the Reward must be addressed directly to the applicable Reward manufacturer, distributor or retailer.
• All Intellectual Property Rights in the Reward belong to the relevant owner of such rights.
• In the case of a downloadable Reward to the model of your mobile and network supporting the download.
• In the case of an email Reward to your ensuring that your email address as set out on the MyProfile page of the Website is accurate and up to date and that there is no impediment to your receiving the email which is outside our control eg: spam filtering software, the technical state or set-up of your computer, any restrictions imposed by your mobile network.
• In the case of a Reward which is to be physically delivered to you, your ensuring that the delivery address you give Us is entirely accurate and that there is a person who is not a Minor available at all times to take safe delivery of the Reward.
• In the case of a Reward which is a gift card provided by a third party, the Reward is subject to the terms of the gift card issuer.

Participation in Prize Draw is subject to you complying with the Official Rules. The provision of Prize Draw is in our absolute discretion. Both Basic and Premium Members are eligible to participate in Prize Draws at no cost through the write-in mechanism described in the Official Rules.

8. LIMITATION OF THE PROMOTERS LIABILITY

8.1 Nothing in these Terms and Conditions shall exclude or limit Our liability:

1. for death or personal injury resulting from Our negligence;
2. for fraudulent misrepresentation, or
3. for liability that cannot be excluded or limited by law.

1. the Service is provided on “as is” and “as available” basis and no representations or endorsement of any kind are made. All warranties, conditions and guarantees relating all elements of the Service, whether express or implied by law, course of dealing, statute or otherwise, including but not limited to, implied warranties or fitness for a particular purpose, satisfactory quality, non-infringement, security, accuracy, compatibility, condition or completeness are excluded to the maximum extent permitted by law; and
2. We will not be liable to you in contract, tort (including but without limitation, negligence) or otherwise in connection with the Services for:
   1. loss of revenues, contracts, profits, business or anticipated savings or loss of data; or
   2. any special or indirect or consequential losses; or
   3. any loss of goodwill or reputation.
3. You are responsible for ensuring that your computer system, mobile telephone or other communication device meets all relevant technical specifications necessary to use the Service and that you have made all necessary arrangements with your mobile network and internet service providers to enable you to interact effectively with Us / the Service. You agree that we cannot and do not guarantee that any material available for downloading from the Website or which we send you will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data and input.
4. Except in relation to death or personal injury caused by Our negligence or for fraudulent misrepresentation (in which cases Our liability to you shall be unlimited), Our liability to you shall be limited in the case of Premium Members to the amount of any subscriptions paid by you to Us or in the case of Basic Members to the sum of £50.
5. In any event, We will not be liable for any damages or losses whether direct or indirect that you may suffer as a result of failure Us to deliver the Service (including as a result of any technical failure, access delays or interruptions, data non-delivery or mis-delivery, any acts of God, war or terrorism, breaches of security or unauthorized use of personal data arising from hacking and/or failure or lack of reception of telephone or mobile telephone networks. The exclusion set out in this clause shall apply even if the loss or damage suffered by you was or should have been foreseen by Us and/or you told Us of the risk of you suffering the loss or damage in question.

8.4 You should be aware and accept that any User Content that you send Us can potentially be viewed throughout the World and that we have no control over, nor responsibility for, the actions of third parties who may view the same.

9 TERMINATION

9.1 A Premium Member may cancel their Premium Membership at any time by:

• Sending an SMS text including the word “STOP” to 61400, or
• Contacting customer support by e-mail or using the free phone number mentioned in clause 1.1 above.

9.3 Termination by you of a Premium Membership does not entitle you to a refund of any Weekly Subscription already paid and you shall still remain liable for any unpaid charges previously billed or otherwise payable to / by your network operator.

9.4 We may terminate your Premium Membership at any time. If we do so in circumstances where you are not in breach of these terms and conditions, we will refund to you any pre-paid subscription fees for the current week of your subscription.

9.5 If you receive a refund from Us and from your mobile network for the same period of subscription you will forthwith repay to Us the amount of the refund We paid to you.

9.6 A Basic Member may cancel their Basic Membership at any time by:

• Clicking the “Cancel My Account” link on the applicable MyProfile page on the Website; or
• Calling the free phone number mentioned in clause 1.1 above

9.8 If your Basic Membership is cancelled, your accrued but unredeemed Loyalty Points will be forfeited.

10 ACCEPTABLE USE AND SUBMISSIONS

10.1 You agree that you will not, by act or omission, do anything whereby:

• A third party uses your Membership or Account.
• The normal processes or use of the Service by other Members is interfered with including:
  1. attempting to log in to the accounts of other Members,
  2. attempting to access administrative areas of the Website,
  3. attempting to systematically extract Site Content from the Service beyond patterns consistent with personal use, or
  4. by submitting text commands or internet-based requests in such a volume that is likely to overwhelm Our servers or interfere with the ordinary operation of the Service.

• is in breach of these Terms and Conditions,
• is obscene (as interpreted from time to time) by the laws of England and Wales (see for example the guidelines prescribed from time to time by the British Board of Film Classification – www.bbfc.co.uk ),
• is excessively violent,
• is racist,
• is defamatory, libellous, threatening or abusive,
• is in breach of another’s rights or obligations including any right to privacy,
• fails to have appropriate regard and care for any person including the need not to cause unnecessary distress or anxiety,
• an infringement of another person’s Intellectual Property Rights,
• a breach of any law, rule or regulation to which the Service may from time to time be subject including by way of example (but not limitation) the Communications Act 2003, or
• malicious in nature or which contains any hidden code, restricted or password only access content.

11.1 As a visitor to the Website, you are granted a non-exclusive, non-transferable, revocable and limited licence to access and use the Website including Site Content and as a Member to use the Service in accordance with these Terms and Conditions.

11.2 In submitting User Content to Us, you grant Us a royalty free, irrevocable, non-exclusive licence to use the User Content at any time throughout the World in connection with any aspect of Our Service and across all technological platforms used by Us from time to time. We shall not be obliged to use any such User Content.

12 WARRANTY AND INDEMNITY

• You hereby irrevocably WARRANT in Our favour that:
  
  
  • In respect to any User Content, you are either the owner of that content or have previously obtained all necessary and appropriate permissions of any person who appears in or is referred to in the content and that accordingly We may use it without restriction in connection with any aspect of Our Service;
  • Where the User Content features any person under the age of eighteen, you have previously obtained (and will if required to do so provide us with evidence of the same) the informed consent of your/their parent/s or guardian/s to the uploading and viewing by others of the content;
  • You and/or any person providing Us with User Content or who gives permission to such provision, does so of their own free will and that at the time of giving such permission was not in any manner incapacitated from doing so including by way of example (but not limitation) under duress, influence of alcohol or drugs;
  • the User Content you submit to Us does not infringe any legal or Intellectual Property Rights of any person or third party; and
  • that it is lawful in the country in which you reside or from which you access any aspect of Our Service, to access Our Service and to participate in the same in whatever form that participation may take,
  
  having regard to all of the foregoing, you are entitled, without restriction, to grant Us the Licence referred to in clause 11.2 and that you agree to INDEMNIFY and shall keep Us fully and effectively indemnified on demand from and against all actions, claims, losses, liability, proceedings, damages, costs, expenses, loss of business, loss of profits, business interruption and other pecuniary or consequential loss (including legal costs and expenses) suffered or incurred by Us arising directly or indirectly out of the publication of the User Content submitted to Us or in consequence of any other breach by you of these Terms and Conditions.

13 INTELLECTUAL PROPERTY

13.1 All Intellectual Property Rights generated as a result of the operation of the Service, belong to Us.

13.2 You will not by act or omission do anything which may infringe Our Intellectual Property Rights.

14 LEGISLATION

In providing you with the Service, We aim to fully comply with all applicable legislation. codes and regulations. Your satisfaction is important to Us and if for any reason you have any comments to make regarding any aspect of the Service, We would urge you to contact Us by any one of the methods set out in clause 1.1 above.

15 DATA PROTECTION

This clause should be read in conjunction with Our Privacy Policy. You authorise Us to use, store or otherwise access any personal information which relates to and identifies you, including but not limited to, your name, age, gender, nationality and contact details, to the extent reasonably necessary to provide the Service and other services which may be available through the Website.

16 TRANSFER OF RIGHTS

We may assign, transfer, novate or subcontract any or all of Our rights and obligations under these terms and conditions at any time.

17 THIRD PARTIES

These terms and conditions do not confer any rights on any person or party (other than you and Us) pursuant to the Contracts (Rights of Third Parties) Act 1999.

18 NOTICES

All notices shall be given:

• to Us via email at cs_support_uk@predicto.com, or
• to You at any email or postal address you provide to Us and as appears in the MyProfile section of the Website, or for Premium Members by text messaging to the mobile phone number under which the Premium Membership is registered.

These Terms and Conditions are governed by and construed in accordance with English Law and shall be subject to the exclusive jurisdiction of the English Courts.