PLEASE READ THESE TERMS CAREFULLY BEFORE PARTICIPATING IN POCKET ARENA
1.1. Pocket Arena is a social gaming platform run by Emoji Games GmbH (“Emoji Games” or “we” or “us”, as the context may be). These terms and conditions (the “Pocket Arena Terms and Conditions”) govern the way you (“Participant” or “you” or “your”, which includes anyone acting on your behalf or with your authorisation) may participate in Pocket Arena, accessing selected mobile games for free and interacting with other participants.
1.2. We may also promote Competitions within Pocket Arena and, in case you agree to participate in any of these Competitions, the Competitions Terms attached in Schedule 1 below will apply to you.
1.3. The key definitions and interpretation provisions are attached as Schedule 2.
1.4. (The Pocket Arena Terms and its Schedules below will be collectively referred to as the “Agreement”).
1.5. Nothing in the Agreement will affect the terms and conditions of your mobile operator, including any terms and conditions for a pre-pay service which will separately apply to you. Likewise, any terms and conditions of the manufacturer of your Mobile Handset and of the developers of the Pocket Arena Mobile Games, or of our Sponsors will also separately apply to you.
2. When this Agreement Begins
2.1. This Agreement shall commence to have effect when you download a Pocket Arena Mobile Game onto your Mobile Handset, or when you register and join Pocket Arena (which ever the earliest).
2.2. By downloading a Pocket Arena Mobile Game and/or registering in Pocket Arena you signify your acceptance to this Agreement.
3. Grant and Scope of Licence
3.1. You will need to register with Pocket Arena to be able to play the Pocket Arena Mobile Games and to interact with other participants.
3.2. In consideration of you:
3.2.1. Agreeing to register with and participate in Pocket Arena;
3.2.2. Agreeing to the terms of this Agreement, and any applicable terms and conditions of the developers of the Pocket Arena Mobile Games; and
3.2.3. Where applicable, agreeing to visualise selected advertisements from our Sponsors, Emoji Games hereby grants to you a non-exclusive, non-transferable licence to use Pocket Arena, and the Pocket Arena Mobile Games for your private and personal use under the terms and for the purposes of this Agreement.
3.3. Pocket Arena Mobile Games must not be transferred to any other Mobile Handsets or devices.
3.4. The terms of this Agreement and the licence(s) granted to you by Emoji Games will govern any updates that replace and/or supplement Pocket Arena, unless such upgrade comes along with a separate licence in which case the terms of such licence will govern.
3.5. This licence does not transfer to you any promotional use rights in Pocket Arena, or in any Pocket Arena Mobile Games or any rights to burn the Pocket Arena Mobile Games in a CD or to download or store a Pocket Arena Mobile Game into any storage device (except for a one off right to download the Pocket Arena Mobile Game onto your Mobile Handset, if the Pocket Arena Mobile Game is not already pre-installed in your Mobile Handset).
4. Your Warranties, Undertakings and Conditions of Use
4.1. You warrant that:
4.1.1. You are 18 years of age or older or have parental consent;
4.1.2. you are either the bill payer for the Mobile Handset via which you participate in Pocket Arena or you have the bill payer’s permission to use the Mobile Handset; and
4.1.3. you will use Pocket Arena and the Pocket Arena Mobile Games for your personal use only and in accordance with the terms of this Agreement and the terms and conditions of the developers of the Pocket Arena Mobile Games and not in the course or furtherance of any business activity (and you will therefore not require Emoji Games to issue a VAT invoice to you).
4.2. You acknowledge and agree that:
4.2.1. we shall not be responsible for any failure to deliver Pocket Arena, or the Pocket Arena Mobile Games to you because of, without limitation, an internet service provider or a network’s failure, if your Mobile Handset is not switched on or if your message mail box is full or has any other problem;
4.2.2. we are in no way responsible for providing, configuring or maintaining any equipment, device, Mobile Handset or software that you may need, to access Pocket Arena, or the Pocket Arena Mobile Games (for example, a mobile phone, a SIM card, etc.); and
4.2.3. You shall only use Pocket Arena, and the Pocket Arena Mobile Games in accordance with this Agreement.
4.3. Except as expressly set out in this Agreement (or otherwise permitted by law) you undertake:
4.3.1. not to copy, distribute, modify, reformat, display, license, sub-licence, transmit, sell, loan, translate, perform, publish, transfer, or otherwise make available, the whole or any part of Pocket Arena, or the Pocket Arena Mobile Games, nor attempt to do any such thing; and
4.3.2. not to disassemble, decompile, adapt, vary, modify, merge, make alterations to, reverse engineer or create derivative works based on, the whole or any part of Pocket Arena or the Pocket Arena Mobile Games, nor attempt to do any such thing.
4.4. You will indemnify Emoji Games against all losses, costs, proceedings, damages, expenses (including reasonable legal costs and expenses) or liabilities howsoever incurred as a result of any claim resulting from your breach of any of the terms of this Agreement. Emoji Games will notify you of any claim received, and you hereby provide Emoji Games with full authority to defend, compromise or settle such claims and you will provide Emoji Games with all reasonable assistance necessary to defend such claims, at your sole expense.
5. Specifications and Quality
5.1. We will distribute the Pocket Arena Mobile Games through Pocket Arena but, for the avoidance of doubt, we are not the developer of the Pocket Arena Mobile Games.
5.2. Emoji Games does not warrant that Pocket Arena or the Pocket Arena Mobile Games will be 100% free from defects, bugs or errors. For the avoidance of doubt, and to the maximum extent permitted by applicable law, Emoji Games will not be liable for any technical defects or faults with Pocket Arena, or the Pocket Arena Mobile Games.
5.3. You acknowledge and agree that Pocket Arena and the Pocket Arena Mobile Games have not been developed to meet your individual requirements.
5.4. We shall run Pocket Arena with reasonable skill and care. If you do experience a problem or suspect a fault in Pocket Arena you should first contact our technical support department via email@example.com .
6. Intellectual Property Rights
6.1. You acknowledge and agree that title, ownership rights and all Intellectual Property Rights in Pocket Arena, or in the Pocket Arena Mobile Games anywhere in the world is and remains owned or licensed to Emoji Games or its licensors, that rights in Pocket Arena and in the Pocket Arena Mobile Games are licensed (not sold) to you, and that you have no rights in, or to, Pocket Arena, or the Pocket Arena Mobile Games other than the right to use them.
6.2. You acknowledge and agree that, Pocket Arena includes a security framework using technology that protects digital information and limits your use of the Pocket Arena Mobile Games. You shall use Pocket Arena and the Pocket Arena Mobile Games strictly in compliance with this Agreement. You acknowledge that any other use of Pocket Arena and/or the Pocket Arena Mobile Games may constitute a copyright infringement. Any security technology is an inseparable part of Pocket Arena and the Pocket Arena Mobile Games.
6.3. You acknowledge and agree that the information which is used to secure your access of the Pocket Arena Mobile Games (through downloads or otherwise) may be stored in your Handset together with other information which may be used in order to trace any copyright infringement by you. You agree that this information may be disclosed to third parties if such disclosure appears necessary for the purpose of tracing copyright infringements.
6.4. You acknowledge that you have no right to have access to Pocket Arena and/or the Pocket Arena Mobile Games in source code form.
6.5. Emoji Games’s Intellectual Property Rights including Emoji Games logo and other Emoji Games trademarks, service marks, graphics, and logos used in connection with this Agreement (including but not limited to Pocket Arena) are trademarks or registered trademarks of Emoji Games GmbH. Other trademarks, service marks, graphics, and logos used in connection with this Agreement may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
7. Your Use of our social gaming platform
7.1. You agree:
7.1.1. to keep your password secure and confidential;
7.1.2. not to permit others to use your account;
7.1.3. not to use other Participants’ accounts;
7.1.4. to refrain from selling, trading, or otherwise transferring your Pocket Arena Account to another party; and
7.1.5. to refrain from charging anyone for access to any portion of Pocket Arena, or any information therein.
7.2. You acknowledge and agree that you are responsible for anything that happens through your account until you close down your account, or fully prove to Emoji Games’s satisfaction, that your account security was compromised due to no fault of your own.
7.3. You acknowledge and agree that we may communicate with you through your Pocket Arena Account or through other means including, but not limited to email, SNS message, mobile number, telephone, or delivery services including the postal service about your Pocket Arena Account or, more generally, about Pocket Arena.
7.4. You are solely responsible for your interactions with other Participants. We may limit the number of connections you may have to other Participants and may, in certain circumstances, prohibit you from contacting other Participants through Pocket Arena, or otherwise limit your use of Pocket Arena. We reserve the right, but have no obligation, to monitor disputes between you and other Participants and to restrict, suspend, or close your Pocket Arena Account if we determine, in our sole discretion, that you are in breach of this Agreement.
7.5. If you select a user name or similar identifier for your Pocket Arena Account, we reserve the right to remove it or reclaim it if we, at our sole discretion, believe it is illegal, unlawful, offensive, inappropriate or infringing (such as when a trademark owner complains about a user name that does not closely relate to a user’s actual name).
7.6. You shall not post content or take any action in Pocket Arena that infringes any third party rights.
7.7. You shall not use our copyrights or trademarks (including Emoji Games and Pocket Arena trade marks), or any confusingly similar marks, except for the purposes of your use of Pocket Arena in accordance with this Agreement or with our prior written permission.
7.8. You shall not post anyone’s identification documents or sensitive financial information on Pocket Arena.
7.9. You shall not send indiscriminately, unsolicited bulk email invitations or challenges to non-Participants.
7.10. You shall not defame, harass, threaten, abuse, menace, offend, violate the privacy of, or incite violence or hatred against, any person or class of persons, or which could give rise to civil or criminal proceedings (or encourages conduct that would constitute a criminal offense or give rise to civil liability).
7.11. You will not do any act or thing which is unlawful, illegal, fraudulent (or has any unlawful or fraudulent purpose or effect) or is otherwise prohibited under any applicable law or regulation or which is in breach of any applicable code, standard or content requirement of any other competent authority.
7.12. We offer social reporting tools available at help page to enable Participants to complain or provide feedback about other Participants’ use of Pocket Arena.
7.13. We shall be entitled to remove any content or information you post on Pocket Arena if we believe, at our sole discretion, that such content breaches this clause 7 or our relevant policies.
7.14. If you breach any of the terms of this Clause 7 or infringe other people’s Intellectual Property Rights, we may disable your Pocket Arena Account and we may withdraw your access to Pocket Arena and terminate this Agreement without prejudice to any other rights and remedies that we may have against you under the Agreement or otherwise.
8. Emoji Games ‘s Liabilities
8.1. The applicable laws in some jurisdictions may not allow the limitation or exclusion of liability in contracts with consumers and therefore all or part of this clause 8 may not apply to you. For instance, if you are a consumer, the terms of this Agreement will not affect any of your statutory rights which you have, which cannot be excluded by this Agreement.
8.2. We provide Pocket Arena and distribute the Pocket Arena Mobile Games on as “as is” basis and “as available” basis. We do not control or approve any content generated by a Participant for accuracy or otherwise.
8.3. We are not responsible for and make no representations or warranties for the delivery of any messages such as messages or postings between Participants (or any other user generated content) through Pocket Arena.
8.4. We neither warrant nor represent that your use of Pocket Arena or the Pocket Arena Mobile Games will not infringe the rights of third parties.
8.5. To the maximum extent permitted by applicable law, we have no obligation and will not verify the identity of the persons subscribing to Pocket Arena, nor do we have any obligation to monitor the use of Pocket Arena by other Participants.
8.6. We disclaim, without limitation, all liability for identity theft or any other misuse of your identity or information.
8.7. Nothing in this Agreement shall exclude or in any way limit Emoji Games’s liability for fraud, or for death or personal injury caused by its negligence, or any other liability to the extent that it may not be excluded or limited as a matter of law.
8.8. Subject to clause 8.7, Emoji Games shall not be liable under, or in connection with, this Agreement for:
8.8.1. loss of income;
8.8.2. loss of business profits or contracts;
8.8.3. business interruption;
8.8.4. loss of the use of money or anticipated savings;
8.8.5. loss of information;
8.8.6. loss of opportunity, goodwill or reputation;
8.8.7. loss of, damage to or corruption of data;
8.8.8. cost of procurement of substitute goods or services; or
8.8.9. any indirect, special or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
8.9. Each of the sub-clauses 8.8.1 to 8.8.9 shall be deemed to be independent of the others.
8.10. Subject to clause 8.7 and clause 8.8, Emoji Games’s maximum aggregate liability under or in connection with this Agreement, whether in contract, tort (including negligence) or otherwise, shall be limited to £1,000 for one claim or a series of related claims within a period of 12 months.
8.11. This Agreement sets out the full extent of Emoji Games’s obligations and liabilities in respect of Pocket Arena, the Pocket Arena Mobile Games, or otherwise in connection with this Agreement. In particular, there are no conditions, warranties, representations or other terms, express or implied, that are binding on Emoji Games except as specifically stated in this Agreement. Any condition, warranty, representation or other term concerning this Agreement with respect to Pocket Arena, or any Pocket Arena Mobile Game (or otherwise in connection with this Agreement) which might otherwise be implied into, or incorporated in this Agreement, whether by statute, common law or otherwise, is hereby excluded to the fullest extent permitted by law. Emoji Games shall not be liable to you in the event of any loss, destruction, or damage of a Pocket Arena Mobile Game.
8.12. You acknowledge and agree that some Pocket Arena Mobile Games may include content that you may consider offensive or otherwise objectionable. Although we will attempt to make such content clear where the developers of the Pocket Arena Mobile Games provide us with this information, you acknowledge and agree that we shall have no liability to you for content within the Pocket Arena Mobile Games that may be found to be offensive or otherwise objectionable.
8.13. For the purposes of this clause we include our directors, employees, sub-contractors and suppliers. You acknowledge that our directors, employees, sub-contractors and suppliers shall have the benefit of the limits and exclusions of liability set out in this clause in terms of the Contracts (Rights of Third Parties) Act 1999. Nothing in this Agreement shall exclude or limit liability for fraudulent misrepresentation.
9. Customer Complaints
9.1. You shall ensure that any information posted by you through Pocket Arena or otherwise, is accurate, lawful and does not infringe the Intellectual Property Rights or other rights of third parties.
9.2. We take Customer complaints seriously and we aim to resolve them quickly and efficiently. Should you have a complaint about any part of Pocket Arena, please contact our customer service Team at the following web site at: support page or email support or at the following postal address: Emoji Games GmbH, Hirschengraben 31, 6003 Luzern, Switzerland , or by phone at: +41 (0)41 450 32 12. We will try to resolve your complaint quickly and efficiently, and to keep you informed at all times.
10.2. You agree that information about you and your use of Pocket Arena, including, but not limited to, your Mobile Handset, your mobile carrier, your internet access provider, your physical location, and/or web pages containing Pocket Arena plugins that load in your browser may be communicated to us. Further, by importing any of your data to Pocket Arena, you represent that you have authority to share the transferred data with your mobile carrier or other access provider.
10.3. We do not knowingly collect personal information from children under 12s. If we learn that we have collected the personal information of a child under 12, we will take steps to delete the information as soon as possible.
11. Changes to this Agreement
11.1. We may vary this Agreement at any time by posting the changes on our website or wap site (which for the avoidance of doubt includes our App Store) or through Pocket Arena. You agree that, if you decide to use Pocket Arena, after any amendments to this Agreement have been posted on our website or WAP site, you will be bound by this Agreement as varied.
12.1. Emoji Games may terminate this Agreement immediately by written notice (including by email or text message) to you if:
12.1.1. you commit a material or persistent breach of this Agreement;
12.1.2. you breach any other term or condition of this Agreement that is not a material or persistent breach and fail to remedy that breach within ten (10) calendar days of being asked to do so;
12.1.3. we have good reason for believing that any information you have given us is false or misleading; or
12.1.4. you are the subject of any bankruptcy/insolvency proceedings (or any similar proceedings in any jurisdiction).
12.2. Upon termination of this Agreement for any reason:
12.2.1. all rights and licences granted to you under this Agreement shall cease;
12.2.2. you must cease all activities authorised by this Agreement;
12.2.3. you must immediately pay Emoji Games any sums due to Emoji Games under this Agreement; and
12.2.4. you must immediately delete or remove any Pocket Arena Mobile Games from the Mobile Handset on which it is installed.
13. Transfer of rights and obligations
13.1. This Agreement is binding on you and us, and on our respective successors and assigns.
13.2. You may not transfer, assign, charge or otherwise dispose of this Agreement, or any of your rights or obligations arising under it, without our prior written consent.
13.3. We may transfer, assign, charge, sub-contract or otherwise dispose of this Agreement, or any of our rights or obligations arising under it, at any time during the term of the Agreement.
14.1. Any notice under this Agreement, whether required to be written or otherwise, may be given by us to you by post, personal service, e-mail, SMS messaging or SNS message, to any address, e-mail address or phone number you have given us to correspond with you, or by posting it on our website.
14.2. You must give notices to us by post or personal service or email sent to:
Emoji Games GmbH, Hirschengraben 31, 6003 Luzern, Switzerland
14.3. Notice will be deemed received and properly served immediately when posted on our website, twenty-four (24) hours after an e-mail or SNS message or a text message to a mobile phone is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail or a text message, that such e-mail or text message was sent to the specified e-mail address of the addressee or to the addressee’s Mobile Handset.
15. Events outside our control
15.1. We shall not be responsible for any delay or failure to carry out our responsibilities under this Agreement for reasons beyond our reasonable control, including for example acts of God, exceptionally severe weather, industrial disputes, failure or shortage of power supplies, act of terrorism or riot, war, default or failure of a third party (including any network operator or service provider) or their telecommunications systems or government actions or regulatory decisions.
16.1. If we fail, at any time during the term of this Agreement, to insist upon strict performance of any of your obligations under this Agreement, or if we fail to exercise any of the rights or remedies to which we are entitled under this Agreement, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
16.2. A waiver by us of any default shall not constitute a waiver of any subsequent default.
16.3. No waiver by us of any of the terms and conditions of this Agreement shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
17.1. If any of the terms of this Agreement are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
18. Entire agreement
18.1. This Agreement and any document expressly referred to in it represents the entire agreement between us and supersedes any prior agreement, understanding or arrangement between us, whether oral or in writing.
19.1. Emoji Games and its licensors reserve the right to change, suspend, remove, or disable access to Pocket Arena, or to any Pocket Arena Mobile Games, to any other content, or other materials that are offered by means of Pocket Arena without notice. In no event will Emoji Games be liable for making these changes. Emoji Games may also impose limits on the use of or access to certain features or portions of Pocket Arena, in any case and without notice or liability.
19.2. In the event that there is an unusual use of Pocket Arena, we may suspend access to Pocket Arena to protect you, for example to prevent a third party from running up a large premium SMS bill on your phone. Where possible, we will try to contact you before we suspend Pocket Arena.
19.3. When you use Pocket Arena, you may be charged for the cost of single SMS messages at your standard mobile operator’s rate (depending on the specific terms of your mobile service).
19.4. You acknowledge and agree that:
19.4.1. if you are, without limitation, downloading a Pocket Arena Mobile Game, accessing Pocket Arena or playing a Pocket Arena Mobile Game online, you may also be charged your standard mobile operator’s internet rates for the time you are connected through your Mobile Handset. Please be aware that internet charges could be high particularly while you are roaming. You will be solely responsible for any mobile operator charges or otherwise; and
19.4.2. Pocket Arena, the Pocket Arena Mobile Games, and parts of them, may require or include downloadable software and this software may update automatically on your Mobile Handset once a new version or feature is available. Pocket Arena or some Pocket Arena Mobile Games may let you adjust your automatic update settings.
20. Third Party Rights
20.1. Other than as set out in clause 8.13, the Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement and no person other than the Participant and the Company shall have any rights under it. The terms of this Agreement or any of them may be varied, amended or modified or this Agreement may be suspended, cancelled or terminated by agreement in writing between the parties or this Agreement may be rescinded (in each case), without the consent of any third party, Law and jurisdiction.
21. Applicable Law and Jurisdiction
21.1. This Agreement and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of Switzerland.
21.2. The parties irrevocably agree that the courts of Switzerland have non-exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Agreement or its subject matter or formation (including non-contractual disputes or claims). Notwithstanding this, you agree that Emoji Games shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
Schedule 1 – The Competition Terms
1.1. The Competition Terms will apply to you when you participate in a Competition promoted within Pocket Arena.
1.2. You shall be deemed to have accepted the Competition Terms the first time you participate in a Competition;
1.3. The promoter of the Competitions is Emoji Games GmbH, a company registered in Switzerland (VAT No. CHE-331.810.628 MWST) whose registered office is at Hirschengraben 31, 6003, Luzern, Switzerland.
1.4. The terms of the Competition will be supplemented with any other legal notices which will specify, amongst other things: (i) the mechanics of the Competition; (ii) opening and closing dates; and (iii) Rewards offered for such Competition (if any) (the “Additional Terms”).
1.5. Where Additional Terms apply to a particular Competition, they will be incorporated into and form part of the Competition Terms and will be accessible for you within, or through your use of Pocket Arena. In the event of any inconsistency between the Competition Terms and the Additional Terms, the Additional Terms shall prevail.
1.6. Participating in a Competition is free, unless the Additional Terms state otherwise.
1.7. Not all Competitions are necessarily available in the Territory.
1.8. All Competitions will offer Participants the possibility to earn Victory Points. Reward Competitions will also offer eligible Participants resident in specific territories, the possibility of earning Reward Points (and Rewards). This will be specified in the Additional Terms.
The dates for the Competition
1.9. Each Competition will run for a fixed period as set-out in the Additional Terms (the “Competition Period”).
1.10. In Reward Competitions:
1.10.1. only the Reward Points (or scores) acknowledged in our servers during the Competition Period will be taken into account. Any Reward Points (or scores) received by us outside of the Competition Period will not be counted for that Competition, but you may still be charged the network operator’s standard SMS or Internet rates.
1.10.2. Reward Points earned during a Competition Period will be deleted for the next Competition at the end of the Competition Period, unless the Additional Terms state otherwise.
1.11. A Competition may not run during certain periods, so please check our wap site or our website.
1.12. The Competitions are generally open to Participants aged 12 or over, excluding employees of Emoji Games, 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.
1.13. 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.
1.14. The Competitions are available to eligible Participants within the Territory. You agree not to enter or attempt to enter a Competition from outside the Territory.
1.15. Emoji Games reserves the right to verify the eligibility of any Participant. Emoji Games may require such information as it considers reasonably necessary for the purpose of verifying the eligibility of a Participant. Where a Competition includes Rewards, the Rewards may be withheld, until Emoji Games is reasonably satisfied with the eligibility verification.
1.16. Where applicable, Reward Points (or scores) obtained not complying with these Competition Terms and any applicable Additional Terms will be invalid.
1.17. Rewards require you to obtain a number of Reward Points (as specified in relevant the Additional Terms).
1.18. Reward Points (and Rewards) will be only available in Reward Competitions and for Participants resident in specific territories, as specified in the Additional Terms applicable to each territory (i.e. a Participant participating in a Rewards Competition from a territory, might be entitled to earn Victory Points and Reward Points while his/her opponent Participant, playing from (and resident) in a different territory, may only be entitled to earn Victory Points, but not Reward Points).
1.19. Where a Competition includes Rewards the following will apply:
1.19.1. unless the Additional Terms state otherwise, the winner of each challenge will be the Participant with the highest score. In the event of a score tie, then no Participant wins.
1.19.2. in the event that a Participant, or if Emoji Games has reasons to believe that a Participant, is in breach of the Competition Terms, Emoji Games shall be entitled, at any time and at its sole discretion, to restrict such Participant from participating in a Competition, and/or where applicable claiming any Rewards.
1.19.3. a winning Participant can enter and claim other Rewards in separate Competitions connected to different Pocket Arena Mobile Games, but Emoji Games reserves the right to restrict a Participant from claiming more than one Reward for each Competition.
1.19.4. Participants obtaining a Reward Point may be informed via their mobile phone, via an e-mail (or where applicable via SNS messages or via any other suitable means).
1.19.5. the winners of a Reward, will be informed via their mobile phone or via an e-mail (or where applicable via SNS messages or via any other suitable means) that they won:
188.8.131.52. The Additional Terms will specify the way a winner will receive the Reward (for instance, by downloading the Reward). If the Reward is delivered by post, the winner will be asked to insert a postal address for delivery within the Territory. Rewards will not be delivered to addresses outside of the Territory.
184.108.40.206. The winner may be asked to provide proof of identity and a phone bill at any time by Emoji Games, its employees or sub-contractors.
1.19.6. Emoji Games reserves the right to provide substitute Reward(s) of similar value, should the specified Reward(s) become unavailable for any reasons. None of the Rewards are transferable.
1.19.7. Emoji Games shall not be responsible for any inability of a Reward winner to take up a specified Reward. The Reward is awarded conditionally upon acceptance and if a winner is unable to be contacted within 3 Months or if any Reward is unclaimed or declined within 3 months, the Reward shall be deemed as unclaimed or unaccepted.
1.19.8. If a winning Participant is under 16, Emoji Games may require express consent from his/her parent or guardian before awarding and delivering any Reward to the child winner. In the event that Emoji Games is unable to obtain the parent/guardian’s consent within 3 months from Emoji Games’s consent request or the parent/guardian do not consent to the child receiving the Reward, such Reward shall be deemed as unclaimed or unaccepted.
1.19.9. Emoji Games shall not be responsible for incorrectly completed, lost or delayed entries, notices, acceptances or other documents related to the Reward(s).
1.19.10. Emoji Games reserves the right not to award a Reward to a winning Participant, in the event of any discrepancy between the information provided by him/her at the time of registering in the relevant Competition (e.g. e-mail, telephone number, user name, etc.) and the information provided by such winning Participant when claiming any Reward.
1.19.11. Unless otherwise expressly stated, where the Reward requires attendance at a specific venue, the winning Participant and any permitted companions will be solely responsible for travel to and from the venue and for any other expenses. Emoji Games assumes no responsibility and is not liable for any costs, charges or expenses which winning participants may be required to pay at any time in connection with a Reward.
1.19.12. Any Rewards provided by third parties (e.g. restaurant meals) will be subject to the terms and conditions of such third parties. Where a Reward consists on tickets for an event organised by a third party (e.g. concerts, sport events) such events may occasionally be cancelled for reasons outside Emoji Games’s control. Emoji Games will endeavour to promptly update any relevant information, but Emoji Games shall not be liable for any expenses incurred by the winning Participant in connection with the event (e.g. transport or accommodation expenses). Furthermore, Emoji Games cannot issue refunds for texts sent or calls made before this occurs (where applicable). Emoji Games will not be liable for any cost incurred as a result of any change of date or venue or cancellation of any event connected to a Reward.
1.19.13. In the event of fraud, abuse, and/or an error affecting the proper operation of the Competition, including, where applicable, the allocation of more Rewards than are available, Emoji Games reserves the right to end or suspend the Competition; amend the Competition Terms; or declare void the notification of winning Participants(s).
1.20. Emoji Games reserves the right, in its own sole discretion, to disqualify, and/or ban from any current or future Competition, any individual or Participant that falsifies or technically abuses the process, or any part of the operation of Competition or acts with the intent to annoy, abuse, threaten or harass any person employed or sub-contracted by Emoji Games.
1.21. Any discretional decisions by Emoji Games regarding any aspects of Pocket Arena or a Competition, will be taken in accordance with the Competition Terms and will be final (no correspondence will be entered into).
1.23. You acknowledge and agree that some Competitions may include advertisements provided by Sponsors and that these advertisements may include content that you may consider offensive or otherwise objectionable. Although we will attempt to make such content appropriate, you acknowledge and agree that, to the maximum extent permitted by applicable law, we shall have no liability to you for the content included in the Sponsors’ advertisements that may be found to be offensive or otherwise objectionable.
SCHEDULE 2 – Definitions and Interpretation
In these terms and conditions, the following terms shall have their respective meanings (unless the context requires otherwise):
“Agreement” means the Pocket Arena Terms and Conditions and its Schedules;
“Competition” means a competition run within the Pocket Arena social gaming platform under the terms described in Schedule 1 above;
“Pocket Arena Mobile Games” means games or applications available to Participants through Pocket Arena;
“Intellectual Property Rights” means all patents, copyrights, design rights, trademarks, trade names, service marks, inventions, trade secrets, know-how, database rights, computer code or scripts (whether compiled or not in any computer language or program), rights in get-up, all rights in computer software or data, utility models, and all other rights in the nature of intellectual property rights (whether registered or unregistered) and all applications for the same, anywhere in the world;
“Mobile Handset” means a mobile device, including mobile phones, tablets and other similar devices;
“Pocket Arena Account” means a personal Pocket Arena account opened by each Participant;
“Pocket Arena” means a social gaming platform powered by Emoji Games;
“Reward Competitions” means a competition run within the Pocket Arena social gaming platform, which offers Rewards to Participants resident in specific territories;
“Sponsor” means any advertiser selected by us;
“Territory” means Switzerland or any country worldwide;
“Reward” means any prizes offered in the Additional Terms for Reward Competitions.
2.1. References to Clauses and Schedules are to the clauses and Schedules of this Agreement and Clauses and Schedules headings shall not affect the interpretation of this Agreement.
2.2. The Schedules form part of this Agreement and shall have effect as if set out in full in the body of this Agreement. Any reference to this Agreement includes the Schedules.
2.3. Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
2.4. Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
2.5. A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time and shall include all subordinate legislation made from time to time under that statute or statutory provision.
2.6. Any obligation on a party not to do something includes an obligation to not to allow that thing to be done.
2.7. Any words following the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.