The following Terms of Use outline your obligations when using the Como Games Management Ltd. & Co KG website or playing 11kicks. You can also review our Privacy Policy which outlines our obligations and practices towards handling any personal information that you may provide to us.
1. Acceptance of Terms
The web pages available in the Site are owned and operated by CG and is accessed by you under these Terms of Use. Please read these Terms of Use carefully before using the Site. By accessing the Site or using any part of the Site or any content or services on the Site or participating in any Game, you agree to become bound by these Terms of Use. If you do not agree to all the Terms of Use, then you should not access the Site or use the content or any services on the Site or participate in any Game.
2. Modification of Terms of Use
The Operator reserves the right, at its sole and absolute discretion, to modify or replace the Terms of Use at any time. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Site by you following such notification constitutes your acceptance of the Terms of Use as modified.
3. The Game
The Game is a game of skill. Winners are determined by the criteria stated in these Terms of Use. For each Game, winners are determined by their use of skill and knowledge of football and the Game rules set out in these Terms of Use and any specific Game Rules, to accumulate the most points. Points are accumulated by applying the How to Score Rules based on the performance of actual players participating in Eligible Matches.
Games will be available to registered users of the Site (see paragraph 7 below) in respect of selected Rounds of a Relevant Competition. Each Game will be played between you and other registered users of the Site by participating in a mini-league made up of up to 11 participants. In the event that you join a league which has less than 6 participants at the final entry time for participation in a Game in respect of a selected Round (see paragraph 4 below), your entry will be transferred, at the Operator's sole and absolute discretion, to another mini-league with a sufficient number of participants, participating in the same Round with the same entry fee level. In the event that no other mini-leagues are available for such Round the Operator may, in its sole and absolute discretion, either allow your mini-league to participate in the Game with such reduced number of players, in which case the prize money available for the winners of such mini-league shall be reduced to the prize money applicable to a mini-league of such reduced size with the selected entry fee level or cancel the specific mini-league, in which case your entry fee will be re-credited to your account.
You will also have the option of participating in your own private mini-league of between 2 to 11 participants (see paragraph 9). In the event that, for any reason, the number of entrants in your private mini-league is less than the number set for such mini-league, the prize money available for the winners of such mini-league shall be reduced to the prize money applicable to a mini-league of such reduced size with the selected entry fee level.
From time to time the Operator may, in its sole and absolute discretion, make Games available for a combination of two or more Rounds of a Relevant Competition (or combination of Relevant Competitions). Details of such Games and any specific Game Rules applicable thereto, will be available on the Site when you are selecting a Game by clicking on “Play Now”. For the purposes of these Terms of Use references to a Round shall include references to a combination of Rounds selected for any specific Game made available via the Site.
Games entered into in respect of any Round in which less than half of the Eligible Matches scheduled to form part of such Round are actually played, will be cancelled and participants in such Game shall have their entry fee re-credited to their account. For example, if only four Eligible Matches are actually played in round 12 of the English Premier League any Games entered into in respect of such round shall be cancelled.
4. Entry Dates
Valid entries for any Game must be received no later than two hours prior to the scheduled kick off time of the first Eligible Match of the Round selected for such Game. Entries will not be available later than two hours prior to the kick off time of the first Eligible Match. Entries made prior to this time will remain valid until the end of the last Eligible Match of the selected Round after which the winner(s) of each Game applicable to such Round will be notified in accordance with these Terms of Use.
The last Eligible Match of a selected Round shall be the last match to kick off in such round. Any match which is due to take place in any Round but which is postponed or cancelled shall not be considered an Eligible Match with respect to such Round unless it is re-scheduled and kicks off within 48 hours of the kick off time of the first Eligible Match played in such Round.
5. Entry Qualification
The Game is only open to entrants aged 18 years or over at the time of registration and is open to any eligible person residing in a country where the Game is not prohibited or otherwise unlawful.
It is your responsibility to determine the law that applies in the location in which you are present. You should ensure you are acting legally in that jurisdiction in registering as a user of the Site and/or participating in any Game. In particular, residents of the following US states: Arizona, Iowa, Louisiana, Maryland, Montana and Vermont must not use the Site and/or participate in any Games. The Operator accepts no liability if use of the Site and/or participation in a Game is in contravention of the law of your home country or the country in which you are present. By registering on the Site and/or participating in a Game you represent and warrant that such registration or participation is not prohibited or otherwise unlawful in your country.
If you do not meet the eligibility requirements set out above you may not participate in any Game or use the Site. In addition to any other rights that the Operator may have, the Operator reserves the right to suspend or terminate your account (and terminate, withhold or revoke the awarding of any prizes associated with such account) if it does not meet the foregoing requirements. The Operator may require you to provide proof that you are eligible to participate according to this paragraph 5 prior to receiving a prize. Nothing herein shall in any way create any obligation or liability upon the Operator for failure to suspend or terminate any accounts, which do not comply with any of these Terms of Use.
Employees of the Operator, it’s associated, affiliated and subsidiary entities, and their families, agents and any person connected with the Game are excluded from entry. Entries to the Game may be made only after registering on the Site in accordance with paragraph 7.
6. Entry Fees and Prizes
The Operator offers Games with different entry fee levels as well as a free version of the Game. The prizes for each Game will be set depending on the selected entry fee level for such Game. When registering for a Game you must select which entry fee level you wish to pay and in which currency (US dollars, Euros or British Pounds). Details of the available prizes for the selected entry fee level will be shown on the Site before you confirm your entry into the Game. Prizes will be paid out in the currency selected for the entry fee into the Game. You may pay per play or you can top up your account by buying credit. You may purchase credit of up to $2,000 in advance, to allow for entry into multiple Games or as credit against future entries. You may not enter into Games with an aggregate entry fee level in excess of $2,000 at any one time. You may not make more than 10 deposits per calendar month. You are free to withdraw funds at any time, but you may not make more than 4 withdrawals per calendar month.
Payment for entries may be made via our secure payment service.
When paying using a credit card that charge will appear on credit card statement as www.11kicks.com036479162
7. Registration and Acceptance
Before participating in any Games you must complete the registration process via the Site. Registrations correctly submitted through the Site will result in an acceptance message on the Site. You are advised to print out and keep safe your Account Name and Account Password. It is your responsibility to remember and maintain the security of your password. Passwords should not be disclosed to any other person. By registering on the Site you accept these Terms of Use and the rules of the Game set out herein and on the Site.
By registering on the Site, you agree to provide accurate, current and complete information as prompted (such information being the “Registration Data”) and maintain and promptly update the Registration Data to keep it accurate, current and complete. If you provide any Registration Data that is inaccurate, not current or incomplete, or the Operator has reasonable grounds to suspect that such Registration Data is inaccurate, not current or incomplete, the Operator may, at its sole and absolute discretion, deny you access to areas of the Site requiring registration and may disqualify you from any Game, in accordance with paragraph 8.
8. Disqualification
The Operator in its sole and absolute discretion, may disqualify you from a Game, refuse to award points or prizes and require the return of any prizes, if you engage in conduct the Operator deems to be improper, unfair or otherwise adverse to the operation of the Site or to the Operator or in any way detrimental to other users of the Site. Improper conduct includes, but is not limited to: falsifying Registration Data or other personal information required to use the Site or claim a prize; violating any of these Terms of Use, [accumulating points or prizes through unauthorised methods such as automated scripts or other automated means;] tampering with the administration and security of the Site or trying to in any way tamper with the computer programs associated with the Site; obtaining other users' information and spamming other users; and abusing the Site in any other way. You further acknowledge that the forfeiture and/or return of any prize shall in no way prevent the Operator from pursuing criminal or civil proceedings in connection with such conduct.
The Operator reserves the right to refuse to accept any entry if in its sole and absolute discretion you have not complied with these Terms of Use or if you have in the sole view of the Operator contravened the spirit of the Game.
In the event that you are disqualified from any Game pursuant to this paragraph 8, the entry fee in respect of such Game shall be forfeited although you shall be entitled to the return of any unused credit remaining on your account in accordance with paragraph 13.
9. Game Rules and Team Selection
Once registered, you may log onto your account using your Email and Account Password. You may pay per play or can top up your account by buying credit (see paragraph 6).
To play a Game you must:
(i) Click on the Round you want to enter. Rounds available for Games may be viewed by clicking on “Play Now”.
(ii) Click on “Select a Team”. You will have the opportunity to view all players listed as available for all of Eligible Matches scheduled to be played in the selected Round [along with their season statistics]. The player list for each Round will be based on the squad players of teams playing in the Eligible Matches of such Round. The Operator will not be responsible for the non inclusion of any player in any Eligible Match for any reason whatsoever, including without limitation, as a result of injury, suspension, transfer or international commitments. This may result in you having “non-playing” players in your final team. The Operator will not enter into any correspondence relating to the inclusion or non-inclusion of any player in the player list or in any Eligible Match played in the selected Round.
(iii) Choose from one of four different team formations, 4-4-2, 4-3-3, 4-5-1 or 3-5-2. Each team will have one goalkeeper and one outfield player for each position in the selected formation. Teams may have no more than two players (unless otherwise stated) from any one club but are not restricted by budget or any other criteria.
(iv) Once you have confirmed your team, you will be asked to select a captain from the 11 players. The captain will score double points during the Round selected for the Game. In the event that the Captain scores negative points, his negative points total will be doubled.
(v) Choose a name for your team. The Operator reserves the right to reject any team name that in its sole judgment is inappropriate or offensive. In such a case, the Operator reserves the right to rename your team or disqualify you from participating in the Game in accordance with paragraph 8.
(vi) Choose the entry fee level in respect of the Game. The selected entry fee amount will be deducted from your account when you have confirmed your entry into the Game.
(vii) Following selection of the Round, your team and the entry fee level for the Game, you will be prompted to join an existing mini-league or private league or set up a new mini-league or new private league. When setting up a new private league you must select the size of the league (2 to [11] participants) and fix the entry fee level for such league. Once you have set up your league you will be provided with a password for such league. To join an existing private league you must enter the password for such league.
(viii) Finally, you will be provided with details showing the Round selected for the Game, the selected entry fee level and details of the mini-league or private league selected and asked to confirm your entry into the Game. Note that once you have confirmed your entry into a Game, your entry fee will not be refunded.
Once you have successfully confirmed your entry into a Game, your selected team may be viewed by clicking on the “Teams” tab or the tab for the relevant Game and may be amended at any time up to two hours prior to the scheduled kick off time of the first Eligible Match of the selected Round. Note that from two hours prior to the scheduled kick off time of the first Eligible Match of the selected Round you will not be able to amend your team. From this time you will be able to view the teams selected by the other Players in your Game and such other players will be able to view the team selected by you.
10. Incomplete Teams
You are advised to select all 11 players for any team entered into a Game, from the list of players playing in Eligible Matches scheduled to be played in the selected Round. In the event that you have not selected all 11 players for your team for your team, at least two hours prior to the scheduled kick off time of the first Eligible Match of the selected Round, your team will be entered into the Game as is and you will not score any points for any unselected players.
11. How to Score Rules
Only those players that appear in your final confirmed team and play in an Eligible Match in the selected Round, will score points in the Game. For each Eligible Match, points will be awarded as follows:
| | GK | DEF | MID | STR |
|---|
| Goal |
6 |
5 |
4 |
3 |
| Assist |
3 |
3 |
3 |
3 |
| Penalty Goal |
3 |
3 |
3 |
3 |
| Penalty Save |
2 |
0 |
0 |
0 |
| In starting line-up |
1 |
1 |
1 |
1 |
| Playing at least 60 min |
1 |
1 |
1 |
1 |
| Substitute Appearance |
1 |
1 |
1 |
1 |
| Clean Sheet - partially played |
2 |
2 |
0 |
0 |
| Clean Sheet (played at least 60 min) |
4 |
4 |
1 |
0 |
| Goals conceded starting from the second goal |
-1 |
-1 |
0 |
0 |
| Own Goal |
-1 |
-1 |
-1 |
-1 |
| Yellow Card |
-1 |
-1 |
-1 |
-1 |
| Second yellow card |
-2 |
-2 |
-2 |
-2 |
| Red Card |
-3 |
-3 |
-3 |
-3 |
| Penalty Miss |
-2 |
-2 |
-2 |
-2 |
All data relating to events in Eligible Matches will be provided by Global Sports Media, whose decision shall be final twenty-four hours following the final whistle of the last Eligible Match played in the selected Round. The Operator will not enter into any correspondence relating to points awarded in accordance with the data provided by Global Sports Media. Once prizes have been awarded twenty-four hours following the final whistle of the last Eligible Match played in the selected Round (see paragraph 12) the points score will not be changed, regardless of any adjustments made by Global Sports Media or any other official body or organisation. For example, a player who has been awarded points as described in this paragraph will retain those points regardless of whether a goal is attributed to another player or disallowed at a later date. Any player that is subsequently awarded a goal will not receive the points retrospectively, nor will the original scorer lose points.
Players included in a team who are involved in Eligible Matches that are postponed or cancelled after entry into the Game, shall be deemed to have scored zero points for the purposes of such Game. Any player transferred from a club participating in an Eligible Match to a club not participating in an Eligible Match between entry into a Game and the playing of such Eligible Match, will not score points for the purpose of the Game. If a substitution occurs during the same minute as a point scoring event, the out player will be regarded as if he was on the field and the in player will not.
These How to Score Rules remain the same for Eligible Matches involving injury and/or extra time. Accordingly for example, goals scored or conceded in extra time or injury time will score or lose points in accordance with the How to Score Rules. Penalty shoot-outs and replays do not count.
12. Prizes
The winning entrant for each Game will be the entry which twenty four hours following the final whistle of the last Eligible Match played in the Round selected for such Game has accumulated the most points in his or her mini-league or private league, calculated using the How to Score Rules. In the event that more than one team is tied for any of the prize positions, the prize will be shared between the tied entries. If there is a tie between two entrants for 1st prize, the prizes for 1st and 2nd will be combined and each prize element will be split equally between the tying entrants. Similarly, if three or more entrants are tied for 1st prize, the prizes for 1st, 2nd and 3rd will be added together and divided by the number of tied entrants. In this case there will be no 2nd and 3rd place. In the event of a tie for 2nd prize, the prizes for 2nd and 3rd will be added together and divided by the number of tied entrants and so on. Where applicable, prize values will be rounded up. In the event of a tie for 3rd prize, the 3rd prize will be divided by the number of tied entrants.
Final scores will be updated and posted on the Site no more than twenty-four hours following the final whistle of the last Eligible Match played in the selected Round.
13. Payment of Winnings
Any prize money due to you for winning any Game will be added to the balance of credit in your account. Monies will remain in your account unless you submit an online request for the outstanding balance (or part thereof) to be transferred to you via our secure payment service. Once you have submitted an online request, you will receive a confirmation message that the transfer has been processed and the balance of credit on your account will then clear to zero or the balance of the amount not withdrawn. Where funds are transferred they will leave [the Operator] at the close of business on the working day on which such transfer was requested and will be credited to you [via the selected secured payment service.
14. Warranty
You expressly understand and agree that use of the Site is at your sole risk. The service and content of the Site are provided on an "as is" and “as available” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. You acknowledge that the Operator has no control over, and no duty to take any action regarding: which users gain access to the Site or use the Site; what effects the content may have on you; how you may interpret or use the content; or what actions you may take as a result of having been exposed to the content. You release the Operator from all liability for your having acquired or not acquired content through the Site. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. The Operator makes no representations concerning any content contained in or accessed through the Site, and the Operator will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site.
15. Liability
In respect of the operation of the Game and interpretation of these Terms of Use, the Operator's decision will be final and no correspondence will be entered into unless you comply with the Complaints Procedure (see paragraph 17). The Operator and its subsidiaries, associated and affiliated entities do not accept liability for corrupted, damaged, delayed or otherwise invalid entries into any Game. Proof of transmission of an entry shall not be proof of receipt or acceptance of an entry unless the acceptance confirmation has been transmitted in return. The Operator and its subsidiaries, associated and affiliated entities do not accept liability for technical, hardware or software failures of any kind or lost or unavailable network conditions which may limit or prohibit the opportunity to access the Site or participate in a Game. The Operator reserves the right to amend and/or waive these Terms of Use or any part thereof at any time and you agree that no liability shall attach to the Operator as a result thereof, and that the exercise of such discretion shall not result in any compensation or payment being payable or paid to you. It is a condition of entry into a Game that these Terms of Use and the How to Score Rules detailed in paragraph 11 above are accepted as binding and that you agree to abide by these Terms of Use. Except for death or personal injury caused by its negligent acts or omissions, the Operator shall not be liable to you for any loss or damage whatsoever, resulting from use of the Site or participation in any Game.
The Site may contain links to third party websites and services through advertising or otherwise. These links are provided for ease of reference and convenience only. The Operator has no control over those third party websites or services and is not responsible for their content. The Operator does not endorse the material contained on their websites or services, and has no association with their operators. You agree that the Operator will not be party to any transaction or contract with a third party that you may enter into and the Operator will not be liable to you for loss or damage which you may suffer by using those third party websites and services.
The failure of the Operator to comply with any provision of these Terms of Use due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of the Operator or other force majeure event will not be considered a breach of these terms.
16. Intellectual Property
The trade marks 11kicks, and logos are owned or licensed by CG. Copyright in the logos are owned or licensed by CG. Copyright in the Site and the Game, the appearance of the Site and the Game, any graphics or text comprising of or used in the Site and the Game, and the Terms of Use, and any other intellectual property rights connected with the Site or the Game, are property of CG or a subsidiary, associated or affiliated entity of CG. You may print off a single copy of these terms and conditions for your personal reference with regards to playing of the Game; no other information, material or other intellectual property relating to the Site or the Game may be reproduced or transmitted in any form without the prior written consent of the Operator, notwithstanding any reproduction or transmission that is necessary for playing the Game as set out within the Terms of Use.
17. Indemnity
You agree to defend, indemnify and hold harmless the Operator and its subsidiaries, associated and affiliated entities from and against any and all claims, demands, damages, obligations, losses, liabilities, costs or debt, and expenses including, without limitation, legal fees and disbursements resulting, directly or indirectly, or arising from your: (a) breach of these Terms of Use; (b) access, use or inability to access or use the Site and/or participate in a Game; (c) breach of any third party rights, including without limitation, any copyright, proprietary, or privacy right; or (d) breach of any law or regulation.
18. Termination
The Operator may terminate or suspend the Site and any and all services and your account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Use. Upon termination of your account, your right to use the Site will immediately cease. If you wish to terminate your account, you may simply discontinue using the Site or contact the Operator stating that you wish to terminate your account. On termination of an account you may request the transfer of any monies remaining in your account in accordance with paragraph 13. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, Warranty (paragraph 14), Liability (paragraph 15), Intellectual Property (paragraph 16), Indemnity (paragraph 17) and Law and Jurisdiction (paragraph 23).
19. Complaints
In the event you have a complaint about the Site or any Game or the service received in connection therewith then you should contact the Complaints Department clicking Contact Us and seek to resolve the matter. Complaints will receive a return email to confirm receipt and will confirm that the Complaints Department is dealing with the complaint. You will receive a response to the complaint within 7 days of the complaint. If a complaint requires further investigation and referral to an alternative person, you will be advised of this within that time. Where a complaint requires further investigation, every effort will be made to complete the investigation within 14 days of receipt, after which we will contact you with the findings, recommendations and any proposed actions.
20. Waiver
No waiver by the Operator of any of these Terms of Use shall be effective unless it is expressly stated to be a waiver and is communicated in writing. If the Operator fails at any time to insist upon strict performance of any of the terms and conditions of these Terms of Use, or if the Operator fails to exercise any of the rights or remedies to which it is entitled under these Terms of Use, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
21. Severability
If any of these Terms of Use 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 of these Terms of Use which will continue to be valid to the fullest extent permitted by law.
22. Entire agreement
These Terms of Use represent the entire agreement between the Operator and you in relation to the subject matter hereof and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. The Operator and you acknowledge that in entering into these Terms of Use, neither of us has relied on any representation, undertaking or promise given by the other except as expressly stated in these Terms of Use.
23. Law and jurisdiction
These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be interpreted in accordance with English law and you agree that all claims you may have arising from your use of the Site and/or participation in a Game which you may bring against the Operator will be under the exclusive jurisdiction of the English Courts.
24. Privacy
Please see our privacy policy here: http://www.11kicks.com/PrivacyPolicy
25. Definitions
In these Terms of Use the following words and expressions shall have the following meanings, unless the context otherwise requires:
CG Como Games Management Ltd. & Co KG
Eligible Matches a match played as part of one Round (or a combination of Rounds) of a Relevant Competition or a combination of Relevant Competitions
Game the game known as "11kicks" offered to registered users of the Site as more fully described in paragraph 3 above
Game Rules the specific rules of any Game as published on the Site from time to time
How to Score Rules the how to score rules more fully described in paragraph 11 above
Operator CG
Registration Data as defined in paragraph 7
Relevant Competition the English Premier League, Spanish 1st Division (La Liga), Champions League or such other domestic, European or international league or cup competition as may be determined by the Operator, in its sole and absolute discretion, from time to time
Round a single round of matches of a Relevant Competition. For example round 31 of the English Premier League, or the final 16 of the Champions League.
Site www.11kicks.com, and all linked pages
Terms of Use the terms of use described above and any Game Rules
Como Games Management Ltd. & Co KG is part of Gamingo Ltd., 510 Centennial Park Centennial Avenue Elstree Hertfordshire WD63FG
.
These Terms of Use were last updated on 10 March 2010.