Access to and use of ‘setanta.com' both within the UK and internationally is provided by Setanta on the following terms:
1. By using setanta.com you agree to be bound by these terms, which shall take effect immediately on your first use of setanta.com. If you do not agree to be bound by all of the following terms please do not access, use and/or contribute to setanta.com.
2. Setanta may change these terms from time to time and so you should check these terms regularly. Your continued use of setanta.com will be deemed acceptance of the updated or amended terms. If you do not agree to the changes, you should cease using this website. If there is any conflict between these terms and specific local terms appearing elsewhere on setanta.com then the latter shall prevail.
Use of setanta.com
3. You agree to use setanta.com only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of setanta.com. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within setanta.com.
Intellectual Property
4. All copyright, trade marks, design rights, patents and other intellectual property rights (registered and unregistered) in and on setanta.com and all content (including all applications) located on the site shall remain vested in Setanta or its licensors (which includes other users). You may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use setanta.com content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any setanta.com content except for your own personal, non-commercial use. Any other use of setanta.com content requires the prior written permission of Setanta.
5. The names, images and logos identifying the Setanta or third parties and their products and services are subject to copyright, design rights and trade marks of the Setanta and/or third parties. Nothing contained in these terms shall be construed as conferring any licence or right to use any trade mark, design right or copyright of Setanta or any other third party.
Contributions to Setanta
6. By sharing any contribution (including any text, photographs, graphics, video or audio) with Setanta you agree to grant to Setanta, free of charge, permission to use the material in any way it wants (including modifying and adapting it for operational and editorial reasons) for Setanta services in any media worldwide (including on Setanta’s site accessed by international users). In certain circumstance Setanta may also share your contribution with trusted third parties*.
7. Copyright in your contribution will remain with you and this permission is not exclusive, so you can continue to use the material in any way including allowing others to use it.
8. In order that Setanta can use your contribution, you confirm that your contribution is your own original work, is not defamatory and does not infringe any UK laws, that you have the right to give Setanta permission to use it for the purposes specified above, and that you have the consent of anyone who is identifiable in your contribution or the consent of their parent / guardian if they are under 16.
9. We normally show your name with your contribution, unless you request otherwise, but for operational reasons this is not always possible. Setanta may need to contact you for administrative or verification purposes in relation to your contribution, or in relation to particular projects. For full details of when and how we may contact you please see Setanta’s Privacy Policy plus any local terms where applicable.
10. Please do not endanger yourself or others, take any unnecessary risks or break any laws when creating content you may share with Setanta.
11. If you do not want to grant Setanta the permission set out above on these terms, please do not submit or share your contribution to or with setanta.com.
12. If you have any questions about contributing content to Setanta, please see our FAQs.
Disclaimers and Limitation of Liability
13. The majority of content posted in setanta.com communities is created by members of the public. The views expressed are theirs and unless specifically stated are not those of Setanta. Setanta is not responsible for any content posted by members of the public on setanta.com or for the availability or content of any third party sites that are accessible through setanta.com. Any links to third party websites from setanta.com do not amount to any endorsement of that site by Setanta and any use of that site by you is at your own risk.
14. setanta.com content, including the information, names, images, pictures, logos and icons regarding or relating to Setanta, its products and services (or to third party products and services), is provided "AS IS" and on an "AS AVAILABLE" basis. To the extent permitted by law, Setanta excludes all representations and warranties (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. Setanta does not guarantee the timeliness, completeness or performance of the website or any of the content. While we try to ensure that all content provided by Setanta is correct at the time of publication no responsibility is accepted by or on behalf of Setanta for any errors, omissions or inaccurate content on the website.
15. Nothing in these terms limits or excludes Setanta’s liability for death or personal injury caused by its proven negligence. Subject to the previous sentence, Setanta shall not be liable for any of the following losses or damage (whether such damage or losses were foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of setanta.com regardless of the form of action.
16. Setanta does not warrant that functions available on setanta.com will be uninterrupted or error free, that defects will be corrected, or that setanta.com or the server that makes it available are free of viruses or bugs. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
General
17. If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable.
18. The failure or delay of Setanta to exercise or enforce any right in these terms does not waive Setanta’s right to enforce that right.
19. These terms shall be governed by and interpreted in accordance with the laws of England and Wales which shall have exclusive jurisdiction over any disputes.
SETANTA PLAYER PUZZLE COMPETITION
Competition time on Setanta Sports 1!
We are giving one lucky viewer the chance to win 2 tickets to a Setanta EPL game of their choice screened this season. The prize includes one night’s accommodation for two sharing a double or twin room in a 4 star hotel in the city that the game takes place. Accommodation is on a bed and breakfast basis and the hotel will be chosen by Setanta, the prize excludes any other associated costs including room service, meals, travel, parking cost etc.
To enter phone 09015 33 55 33 and follow the prompts or you can enter by text message sending the word SPORT followed by your answer, either A, B, C or D to 84383.
Calls cost £1 from BT landlines. Calls from mobiles will vary. Text entry costs £1 plus one message at your standard network rate.
You must be a UK resident aged over 18 to enter
Lines open at 4pm on Saturday 23rd February 2008 and close at 2pm on Saturday 1st March 2008.
1. Entry
1.1 Information provided in the Setanta Player Puzzle Competition (“Programme”) broadcast on either Setanta Sports 1, Setanta Sports 2 or Setanta Sports Golf Channel on how to enter the competition and on the prizes form part of these terms and conditions.
1.2 Entry is only open to residents of the United Kingdom aged 18 years or over. Employees and members of their immediate families (including any live-in partner) of the Promoter (see the end of these terms and conditions below for details), companies, and any of their subsidiaries and/or agencies associated with this competition, including the producer of the Programme are ineligible to enter. Any such entries will be invalid. Entry to the competition signifies acceptance of these terms and conditions.
1.3 The opening and closing date and time for the competition is always specified clearly within the programme. Any entries received before or after these times will be discounted.
1.4 In order to enter, eligible entrants must answer the question asked during the Programme.
1.5 Entry to the competition is by:
(i) Premium rate phone call;
(ii) SMS;
(i) Phone entry: Phone entrants are required to call the Premium Rate Telephone Number as displayed on screen in the programme, and follow the instructions in the recorded message to answer the relevant question. Entrants will be asked to leave their full name and a landline contact telephone number (including area code).
The charge per call will be clearly displayed on screen during the programme. Call costs are based on using BT network phones. Standard network charges apply. The total cost will be dependent on the entrant’s network. Other landline and mobile operator’s network charges will vary. The Promoter does not accept responsibility for any call charges.
Entrants must have the permission of the bill payer before calling. Each entrant will be charged the cost outlined in these terms whether their entry to the competition is successful or not. The Promoter will not be liable to reimburse expenses incurred in making an entry or calling the Premium Rate Telephone Number.
Once the Premium Rate Telephone Number is dialled and the entrant is connected, he/she will be charged the cost of entry (together with any applicable alternative network or mobile operators' charge). The Promoter does not accept responsibility for any interruption to any telephone call which is beyond the control of the Promoter.
Entrants may be able to enter the competition from outside the United Kingdom (although entry is restricted to UK residents) but charges will depend on the relevant service provider’s international call rates. There is no warranty that the service is available or appropriate for use in locations outside the UK.
(ii) SMS entry: SMS entrants are required to send a text to the 5 digit short-code, starting their text message with the relevant keyword and trigger word to indicate their answer to the question [as specified in the Programme]. The charge per text message will be clearly displayed in the programme, and will be plus standard network charge. The total cost will therefore be dependent on the entrant’s network.
Entrants may be able to enter the competition from outside the UK (although entry is restricted to UK residents). There is no warranty that the service is available or appropriate for use in locations outside the UK. Charges for entering the competition will depend on the relevant service provider’s international text message rates. Charges will be deducted from the entrant’s available credit time if they are a pre-pay customer or appear on their monthly statement if they are pay monthly customer.
2. The Prize
2.1 The prize is 2 tickets to a Setanta Premier League game of your choice plus one night’s accommodation for two sharing a double or twin room in a 4 star hotel in the city that the game takes place. Accommodation is on a bed and breakfast basis and the hotel will be chosen by Setanta.
If applicable, it is the responsibility of the prize winner to ensure that they and their companion are available on the relevant dates. Dates are subject to availability. For the avoidance of doubt, the prize excludes any other associated costs and expenses incurred during the trip including but not limited to any room service, additional meals during the stay, additional travel, parking costs and applicable charges and taxes.
2.2 The first entry drawn at random from all eligible entries who have answered the question correctly will be the winner of the prize. The draw will take place within a maximum of 48 hours after the closing date and time for entries.
2.3 The winner will be notified within a maximum of 7 days of the day of the draw. He/she will be contacted on the phone number they provided when entering the competition. The winner will have 14 days to claim his or her prize. Failure to respond and/or provide an address for delivery of the prize may result in forfeiture of the prize. If the person fails to answer the call promptly or if the line is engaged within 3 attempts or if for any other reason successful contact is not made, then the Promoter reserves the right to offer the prize to the next eligible entrant drawn at random [who has answered all questions correctly] and thereafter until a winner is found. When applicable, if the selected participant for any reason does not agree to participate on air in the Programme, he or she will not be able to participate further in the competition and will forfeit all rights to the prize. Entrants must comply with any directions given to them by the Programme including, without limitation, in regard to conformity with the Ofcom Broadcasting Code.
2.4 The Promoter endeavours to deliver the prize to the winner within twenty eight (28) days from the date of the draw.
2.5 No cash equivalent or alternative prize will be given and the prize is non-transferable and non-exchangeable. However, the Promoter reserves the right to change the prize due to circumstances beyond its control or to offer an alternative of similar value. The winner shall pay any and all applicable taxes on prizes.
2.6 In the event that the winner does not, or is unable to, comply with and meet these terms and conditions, the Promoter shall be entitled at its discretion to disqualify the winner, without any further liability to the winner.
2.7 Subject to clause 4.5, the Promoter do not accept responsibility for any damage, loss or disappointment suffered by any entrant as a result of entering the competition or of accepting any prize.
3. Data Protection
3.1 The Promoter (or any third party nominated by the Promoter) may use the winner’s name and image and their comments relating to the prize and competition experience for future promotional, marketing and publicity purposes in any media worldwide without notice or without any fee being paid. However, save as set out in this clause, information and data ("personal data") which is provided by entrants when they enter will be held and used by the Promoter and their suppliers and contractors in order to administer the competition. Entrants’ personal data may also be passed to their cellular phone provider or to relevant regulatory bodies, the police or other authorities in the course of the investigation of any complaints or suspected unlawful activity or where requested by the phone provider in connection with the billing arrangements for the competition. Aggregate, non personal data may also be used for the purpose of undertaking market research or in facilitating reviews, developments and improvements to relevant services.
3.2 Any personal data will only otherwise be used in accordance with the Promoters privacy policy. The privacy policy can be viewed at www.setanta.com.
4. General Terms
4.1 The Promoter is not responsible for network, telephone line or communication failures of any kind or for entries that are incomplete, incorrect, inaudible, incomprehensible, or not received. Such entries will be void. The Promoter can make no guarantee of network or telephone access to the competition.
4.2 The Promoter reserves the right to verify the eligibility of entrants and check their identity. The Promoter reserves the sole discretion to withhold delivery of the prize until such proof of eligibility and identity has been confirmed or to disqualify the entrant from the competition.
4.3 No refund will be made for the cost of any entry. The Promoter may refuse to award a prize, or seek its recovery, in the event of non-entitlement under these terms or an entrant's breach of these terms, fraud or dishonesty, including but not limited to the use of technology which enables an entrant to evade charges when entering the competition by way of the Premium Rate Telephone Number.
4.4 In the event of any fault, mistake, misunderstanding or dispute concerning the operation of any part of the competition or the operation of the network or phone system, the decision of the Promoter shall be final.
4.5 Nothing in these terms and conditions shall exclude or limit the Promoter’s liability for death or personal injury caused by their staff or supplier’s negligence or for fraud.
4.6 Entrants are advised to print and keep safe these terms and conditions. The Promoter reserves the right to amend these terms at any time without prior notice. Any changes will be posted on this website.
4.7 These terms and conditions shall be exclusively governed by and construed in accordance with the laws of England unless the entrant is a Scottish resident in which case that entrant may choose the law of their residence and the entrant irrevocably submits to the exclusive jurisdiction of the courts of England and Wales again unless the entrant is a Scottish resident in which case the entrant may choose the courts of their residence in Scotland.
4.8 Please note that calls may be recorded to ensure that competition entries are captured, for staff training and quality control purposes.
5. Contact Details and Further Information
5.1 For a hard copy set of these terms and conditions or the name of the winner, please send a SAE to ‘Setanta Competitions Manager’ at the Promoter's address below
5.2 The Promoter is: Setanta Sports Sarl, Boulevard de la Petrusse, Luxembourg, L-2330