Terms and Conditions Text & Win Subscription Competition

1. Introduction
These Terms and Conditions are applicable to all Services rendered and Products supplied by or on behalf of the Provider. Apart from these Terms and Conditions, publicised rules, promotional conditions, guidelines and provisions pertaining to the Services and Products may apply to You upon use of certain Services of the Operator. All those provisions will be considered to form an inextricable part of these Terms and Conditions. By making Use of the Services of the Provider and the services of the Operator, you agree to these Terms and Conditions and other applicable provisions.

2. Definitions
The following definitions, either used in singular or plural form, have the following meaning:

1. The Provider: TMG, a company with limited liability, incorporated under the laws of the Netherlands;

2. User or You: the individual person (either or not acting on behalf of a company), who makes use of the Services;

3. Services: the services, amongst which a Quiz or a ring tone, either or not in the form of a subscription service, rendered and to be rendered by the Provider via SMS and its Website, amongst which all new facilities that constitute any expansion, extension or improvement of the Services, including any extension to new functions added by the Operator;

4. Quiz: By playing the Quiz you can win the Grand Prize, the Grand Prize which you play for is stated on the homepage www.wixawin.com, but we will also offer an alternative prize of at least an equivalent value. To enter, either: (i)  answer the question stated on the website correctly and confirm that you wish to subscribe by replying OK to the text message that will be sent to you; or (ii) where there is no question on the website, simply enter the PIN sent to your mobile phone onto the appropriate banner.
The contest period will run on a rolling basis from the 1^st to the last day of each month.  In order to enter next month’s Quiz your entry must be received before midnight on the last day of the month before it.
There are 5 questions each month for the Quiz, which operates as a knock out - where you compete with the other contestants for the Grand Prize.  
If you answer one of the first 4 questions incorrectly or send in your answer too late (before the end of the month), contestants will be eliminated from the knock out final and will no longer be in the running for the Grand Prize. 
At the end of each month there will be a 5^th final question, and the winner will be the person who sends in the correct answer to the final question.  If more than one participant sends in the correct answer to the final question, the winner will be the person who is the first to send in the correct answer.  If no one sends in the correct answer to the final question, the winner will be the person who sends in the answer that is closest to the correct answer.
Every month Wixawin will award one Grand Prize.

5: users who are subscribed to the Wixawin Trivia Game service will, in addition to the Quiz, also have the chance to win weekly prizes of [£150], but we will also offer alternative prizes of at least an equivalent value.  Participants will be notified of the prize available each week via a free text message.
To enter, answer each of the four questions sent you to your mobile that week.
The contest period will run on a rolling basis from [Monday] until the following [Sunday].  In order to enter the following week’s Weekly Quiz, your entry must be received before the end of the current week (i.e. Sunday).
At the end of each week, there will be a 4^th final question and the winner will be the person who sends in the correct answer to the final question.  If more than one participant sends in the correct answer to the final question, the winner will be the person who is the first to send in the correct answer.  If no one sends in the correct answer to the final question, the winner will be the person who sends in the answer that is closest to the correct answer.
Every week Wixawin will award one Weekly Prize.

7. Website: the website(s) of the Provider, in connection with the Services and/or the Products;

8. Advertising: advertisements published and commercials broadcasted by or on behalf of the Provider for the Services and/or Products;

9. Costs: the Costs, due by the User for the Services and/or the Products;

10. Prizes: the prizes that can be won by making use of the Services, such as a Quiz;

11. Confidential Information: all information relating to the Provider's Services and Products, its customers, operations, processes, plans, product information, know-how, trade secrets and business affairs obtained by You, in anyway whatsoever;

12. Intellectual Property Rights: any and all intellectual property rights, such as, but not limited to, copyrights, trademark rights, trade name rights, patent rights, design rights, whether registered or not, database rights, trade secrets, and any and all renewals and extensions thereof;

13. Operator: the company that provides the telecommunication network;

14. Terms and Conditions: these terms and conditions;

3. Minimum age
In order to make use of the Services, such as playing a Quiz, You must be at least 18 years of age or, in the event the required minimum age is younger than 18, the required minimum age of the country where You make use of the Services.

4. Own risk and compliance
The use of the Services is at Your own risk. You shall comply with all national and international applicable regulations. Furthermore You shall comply with the instructions, given by the Provider or the Operator.

5. Subscribing
The User subscribes to the Service by entering their mobile telephone number into the banner of the desired prize. The User will either be required to confirm their subscription by sending a confirmation text message to the appropriate number or a message will be sent to that telephone number containing a PIN code which is to be entered into the designated text field on the banner to confirm subscription.

6. Term and termination
The provision of the Services starts immediately after the Provider has received a message or a PIN from You, applying for the Services and last until You request to stop the provision of the Services, by sending a cancellation message or an e-mail in which You request for cancellation or by calling the helpline. The Services will be cancelled within 24 hours on business days, otherwise on Monday after the weekend or the first business day after a national holiday. When sending a cancellation message via text message, you will be charged 1 pound for this message, but your first quiz question will be provided free of charge as a credit against this. At all times you can unsubscribe for free via e-mail, calling the helpline or via the unsubscription form on the website.

7. Costs

1. For the Services and Products, You are due the Costs as mentioned in the Advertisements for the specific Services and Products and on the Websites for the specific Services and Products. The cost of joining the Service is 5.00 pounds and the cost of receiving a question from the Trivia Game Subscription Service is 1.00 pound.

2. After You have applied for the Services via SMS, the Provider will send You a free information message, in which message the following information will be provided:
- the Costs of the Services;
- an explanation how the cancel the Services;
- information about the helpline; and
- the website where you can find information as to the Services.

3. If You apply for the Services via WEB, the Provider will provide You with all information on the website. If you enter the PIN sent to you from 81121 into the text field on the corresponding website you complete sign-up and agree to the terms stated on this website. The following information will be provided:
- the Costs of the Services;
- an explanation how the cancel the Services;
- information about the helpline; and
- the website where you can find information as to the Services.

4. Except for the obligations, as set forth in these Terms and Conditions and other applicable agreements and regulations, You have no obligations, such as the obligation to purchase goods.

5. The Costs due, are in addition to the costs, charged by Your Operator for (amongst others) the SMS services. Any taxes, if applicable, will be born by the winner of the Prize.

6. No Purchase Necessary; to obtain an entry without purchase send a 100 or more word hand written original essay on "Why you love trivia games" and include your name, address, mobile phone number and/or email address, in a separate envelope with sufficient postage to: WIXAWIN, P.O. Box 76253, The Netherlands. You must indicate the exact name of the contest which you are entering on the top of the essay entry form. No purchase entries must be received before the end of the Round. Maximum of one entry per person per month by any method. When an entry without purchase is received each selected entrant must first a) correctly answer, unaided, a time-limited mathematical skill testing question to be administered by telephone at a prearranged mutually convenient time, by email or by text message and; b) sign (or if a minor in their Province or territory of residence, have his/her parent or legal guardian sign) a standard declaration and release form confirming compliance with the contest rules, acceptance of the prize as awarded and releasing the Sponsor, its advertising and promotion agencies, the contest judges and their respective officers, directors, agents, representatives, successors and assigns (the "Releasees") from any liability in connection with this contest, the entrant's participation therein and/or the awarding and use of the prize or any portion thereof. If a selected entrant cannot be contacted by sms text message, email or telephone or fails to return the contest documents within the specified time, he/she will forfeit the prize and an alternate eligible entrant may be selected.

8. Prizes

1. The winner of the monthly Knock-Out will be granted the Grand Prize. The winner will be the first individual to send in the correct answer, or, if no individual sends in the correct answer, the individual who has the answer that is closest to the correct answer.

2. Prizes will be delivered within 30 working days after the day the specific Prize is won. Prizes are not interchangeable for money. The awarding of the winner of the Prizes is final and not subject to any correspondence.

3. Prizes are subject to change. No rights can be derived from the values, mentioned by the Provider in connection with the Prizes. Prizes as well as the terms for delivery, can be subject to changes. Employees of the Provider and the Operator are excluded from the Services.

4. Monetary prizes or other payments will only be made by money transfer. In order to be able to deliver the Prizes or to transfer monetary Prizes or to make other payments, You are required to provide the Provider with Your address and bank details.

9. Liability

1. By making use of the Services with your mobile phone, you are liable for the Costs due, even if it is not You who made use of your mobile phone.

2. Services are rendered and the Products are supplied as is. The Provider does not give any guarantee as to the Services and Products. For questions and complaints as to the Products, You must approach the manufacturer.

3. The Provider is not liable for any indirect or consequential loss (including any loss of profits, revenue, anticipated savings, goodwill, data, contracts or any loss or damage suffered as a result of any claims brought by a third party) which may arise out or in connection with the use of the Services or the Products. Furthermore, the Provider is not liable for any typing, printing or transmission errors.

4. Without limitation to any other provision in these Terms and Conditions, the maximum aggregate liability of the Provider under or in connection with the Services and the Products (whether in contract, tort or howsoever arising) shall never exceed the Costs paid by You to the Provider in the 30 days prior to the cause of the action arising.

5. In the event and to the extent the afore mentioned exclusion and/or limitation of liability is not permitted by the applicable laws, the liability of the Provider will be limited to the extent permitted by law.

6. Each provision in these Terms and Conditions limiting or excluding liability, operates separately and shall survive independently of the other provisions.

10. Indemnification
You indemnify and hold the Provider, its contracting partners, licensors, licensees and employees, harmless from any loss, liability, claim or demand, including attorney fees, initiated or made by third parties in connection with the Services, the Products and/or the breach by You of Your representations and warranties set forth in these Terms and Conditions or other agreements, entered into between You and the Provider.

11. Change and termination of the Services
The Provider can, at its sole discretion, decide to change the content of the Services. Furthermore, the Provider may terminate the provision of the Services and the supply of the Products, in the event the Provider is of the opinion that You do not act in accordance with the Terms and Conditions, any other agreement, entered into between You and the Provider, applicable laws and regulations or in the event the Provider is of the opinion that you act in such manner that the Provider might suffer damage.

12. Statutory withdrawal
In the event You make use of the right to withdraw within a certain prescribed period of time after You applied for the Services, this right will be lapsed as of the moment you make use of the Services and Costs are due.

13. Notices
Notices by the Provider will be posted on the Website. We therefore ask You to look on a regular basis on the Website of the Provider.

14. Intellectual Property Rights
You acknowledge the Intellectual Property Rights of the Provider, its contracting partners and licensors and You shall not use, without the prior written consents, (parts of) these Intellectual Property Rights.

15. Privacy Policy
The Provider respects Your privacy. We see to it that Your personal information is always handled with care. Any data collected will be, under the Data Protection Act 1998, controlled by the Provider. Any data collected may be passed in confidence to Phonepay Plus, OFCOM, BACC, ITC upon their request. Also the Provider reserves the right to send free of charge marketing messages for TMG or third party promotions purposes to customers who become subscribers.

16. Changes Terms and Conditions
These Terms and Conditions and all other agreements, entered into between You and the Provider, may be amended from time to time by the Provider. The applicability of amendments as to the Services and the Products, have effect as of the moment such amendments are posted by the Provider on its Website. We therefore advise You to look on a regular basis on the Website of the Provider.

17. Confidential Information
You shall keep secret and treat as confidential at any time all Confidential Information of the Provider, its contracting partners and licensors.

18. Change, Suspension and cancellation
From time to time, the Provider may suspend the Services for (amongst others) maintenance and upgrades, In the event of (the threat of) abuse and failures, the Provider may, at its own discretion, suspend or cancel the Services. Of such suspension or cancellation, the Provider will inform You via its Website.

19. Applicable law and regulations
The Terms and Conditions and possible other agreements, entered into between You and the Provider, shall be subject exclusively to UK law and organized in accordance with the Code of Practice of the Phonepay Plus in the United Kingdom and other applicable regulations.

20. Marketing
Except for the promotion of the Wixawin services on this website, these services are also promoted on other websites. Such promotions on other websites takes place by and under the responsibility of third parties. Wixawin can not control such promotions and to the extent permitted by law, it herewith excludes all liability for damage that results from or is otherwise connected to such promotion by third parties.