This page lists the FantasyStakes.com Terms & Conditions which you must agree to before using our site. If you have any questions about our Terms & Conditions, please do contact us.
Terms and Conditions
Revised, 13th October 2009
IMPORTANT – PLEASE READ – by registering on the Site, You accept the Terms and Conditions and agree to be bound by them. In particular, Your attention is drawn to Clauses 4.1, 4.4, 4.7, 5.4, 6.3, 7.3, 8.3, 10.2, 11 & 13 below.
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Glossary
- "Account" means the Member account allocated to You when You register on the Site and play the Game;
- "Administration Fee" means the amount You are charged by FS, when playing a Game for money as detailed on the Site;
- "Affiliates" are Members who introduce other persons to join the Site to become Members and play the Games;
- "Force Majeure" means an event which is beyond the reasonable control of FS, including without limitation, acts of God, governmental act, war, fire, flood, other inclement weather conditions, explosion or civil commotion, telecommunications or computer system failures, delays or interruptions, the inability to obtain supplies and/or any circumstances and/or events caused by or arising out of any acts and/or omissions of You and/or any third parties;
- "FS" means Fantasy Stakes Limited (company number: 06366543) a company incorporated in England and Wales whose registered office address is situated at 6 Dover Way, Croxley Green, Rickmansworth, Hertfordshire, WD3 3SL;
- "Game(s)" means a fantasy FS league football game played on-line at the Site;
- "IPR" means all intellectual property rights wherever in the world arising, whether registered or unregistered (and including any applications of such intellectual property rights), including without limitation, copyright, get-up "look and feel", know-how, confidential information, trade secrets, business names and domain names, trade marks, service marks, trade names, patents, petty patents, utility models, design rights, semi-conductor topography rights, data and database rights, rights in software, and all rights in the nature of unfair competition rights or rights to sue for passing off;
- "Member" means a registered member and participant of the Game on the Site;
- "Prohibited Territories" means such territories where on-line gaming is unlawful or not permitted, including without limitation, the USA, China, Hong Kong, Cyprus, Greece, the Netherlands, Portugal and Turkey;
- "Site" means the website (and/or any part of it) which can be accessed at the following pages: www.fantasystakes.com
- "Terms and Conditions" means these terms and conditions and any amendments to them which are made from time to time; and
- "You" means you being a Member and "Your" shall be construed accordingly.
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Background
- These Terms and Conditions describe Your and FS's rights and obligations regarding use of the Site and the services in respect of the Game that are provided by FS, and its subsidiaries.
- By registering for the services provided on the Site You accept the Terms and Conditions. When You return to the Site, You will not be asked to accept to the Terms and Conditions again as You have already done so before. The Terms and Conditions automatically apply and will remain in force each time You use the Site or FS services. You can find the Terms and Conditions via the footer links on the Site.
- If You do not accept the Terms and Conditions You must not and should not use the Site. FS may, at any time, change the Terms and Conditions for this Site. The new Terms and Conditions will be presented on the Site ahead of their implementation. You automatically approve of changes to the Terms and Conditions by Your continued use of this Site.
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About the Site
- On the Site FS offers the Games where You can compete against other Members.
- All participants compete under the same conditions and the participant who performs best is the winner.
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Usage of the Site
- FS does not currently accept responsibility for Members from Prohibited Territories or real money wagers from the Prohibited Territories. Any real money wager from a Prohibited Territory will be deemed not to be a valid entry. FS will not be liable for any loss or damage suffered by a Member as a result of an entry which is not valid.
- In order to register and use the Site, You must be at least 18 years old, and agree to provide certified copies of identity documents (such as passport or driving licence) upon FS's request as proof of age and identity.
- In order to use the Site and its services where there are money or other prizes available to win, You must abide by the laws that apply to You in the country from which You access the Site. If a law prevents You from using the Site, You must not use the Site. You give FS the right to control from which country and/or state You use the Site. FS has the right to and may block Your access to the Site at any time. It is Your responsibility to make certain that the laws that are applicable in the country where You reside and from which You access the Site allow You to use the Site and to play the Game.
- Usage of the Site is at Your own risk. FS is not responsible for the functionality of Your software or hardware when using the Site, Your connection to the Internet or for the capacity on Your computer being sufficient for using the Site. FS shall use reasonable endeavours to ensure that the Site is available, but at certain periods and/or times the Site may not be available to You. FS is not responsible for any loss, injury or damages that You may suffer due to any such periods of Site inaccessibility.
- FS may update, modify and change the Site from time to time without any notice to You. FS may also change the Site from time to time in order to cater for any legislative changes (including restricting or denying access to the Site to You, some or all Members and/or any third parties).
- Commercial use of the Site by You is strictly forbidden. You will play only for private and non-professional purposes, and You agree that You understand the rules of the Games and the procedures involved in Internet gambling through use of the Site.
- It is possible to make comments on the Site during the Game in the "Banter" section of the Site. If any comments are deemed to be offensive, abusive or inappropriate in any way, FS (in its sole discretion) is entitled to close Your Account immediately. Any monies in the present Games would be lost, any monies remaining on Your Account would be returned to You. You are responsible for all comments You make on the Site, including for any subsequent libel action which may arise. FS has no liability whatsoever or howsoever arising for comments made by You on the Site.
- You agree not to (a) use any offensive, abusive, obscene, blasphemous or aggressive language; and/or (b) provide any misleading, untrue or inaccurate information (and/or any information which is designed to facilitate any unauthorised activities) in the short message service or other functions on the Site.
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Membership and Registration
- In order to be able to use the Site You have to register. When You register You agree to the Terms and Conditions and become a Member of the Site. Non-Members may access the Site as guests, but they may then only try selected services. In order to be able to use the Site to its full extent You have to register to be a Member.
- When You register, You receive an Account. You may only have one Account on the Site. You guarantee, warrant and represent that the information You supply when registering are Your own details and that they are true, correct, accurate, complete and up-to-date. You must not use the Site by using someone else's Account. You are the only person that is entitled to use Your Account and You must not let any other person use Your Account. You must not open more than one Account (neither in Your name nor in any other).
- When You register, You shall choose a manager name and password. You are responsible for all actions with Your manager name and password. FS recommends that You keep Your password safe so that unauthorised individuals do not gain access to it. You must not sell, disclose or transfer Your password to other persons or allow other persons to use it. FS is not responsible for damage, loss or injury that You suffer as a result of Your handling of manager name and passwords, or Your overall usage of the Site. You may not choose a manager name or team name that FS believes in its sole opinion is offensive, abusive or inappropriate in any way. URLs are not permitted.
- FS has the right to close Your Account, de-register You as a Member and transfer the money on Your Account to You after deducting any Administration Fees:
- if Your account is inactive for more than 180 consecutive days;
- if You breach Clauses 5.2, 5.3 or 7.2;
- if You breach any of the Terms and Conditions; or
- for any other reason that FS shall in its sole discretion decide.
- Employees of FS and members of the immediate families of such employees are not eligible to register as a Member on any FS site and/or participate in any gaming at FS sites.
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Deposits and Withdrawals of Funds
- You must transfer enough funds to Your account in order to be able to pay the Administration Fee and the stake that is required to play the Game where You can win money or other prizes. The Administration Fee for each league will be clearly displayed when You confirm entrance to any league.
- Deposits to Your account can be made through the transaction services presented on the Site. No sum will be paid to You in respect of any interest on any monies which You deposit in Your Account or in relation to the Site.
- When registering on the Site, You may obtain a discount (at FS's sole discretion) for depositing money in Your Account. You may only participate in leagues that cost money if in FS's opinion You have enough funds in Your Account. It is Your responsibility to ensure that the Game that You have selected and the transaction around it is performed correctly and that You promptly report any errors or complaints to FS. If You do not report an error or complaint within a reasonable time (being no later than the earlier of 30 days from the time that the error arose or 30 days from the date that You should or should have reasonably become aware of it). You lose the right to pursue the issue against FS.
- In the case that FS by mistake has deposited funds to Your Account, FS shall have the right to and will retrieve such funds. If You make a withdrawal of such a sum, You shall be deemed to hold the sum on trust for FS and You are obliged to repay the full amount to FS.
- Withdrawals from Your Account are made on the Site and through the transaction services of the Site. If You choose to terminate Your Membership and Your Account, the funds on Your Account, after deduction of any Administration Fee, will be paid to You by the transaction services selected.
- All payments under the Terms and Conditions are to be made in pounds sterling (£).
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The Structure of the Games
- The structure of the Games is described under the "Help" section on the Site and form part of the Terms and Conditions. The rules of the Games are provided by FS. It is Your responsibility to ensure that You have read and understood the rules of the Games. The rules are displayed in the help pages.
- You are responsible for abiding by the rules of the Games. The rules can be changed by FS without any prior notice. You must not cheat (or attempt to cheat in any way) or try to evade the structure of the Games. You agree not to co-operate with other Members in order to gain advantages that may affect the outcome of the Games. You may not use any form of software or electronic device to assist You in playing the Games or using the Site.
- FS is not, under any circumstances, responsible for loss, damages, injury or costs that may be the result of illegal gaming or any other gaming that breaks the rules of the Games. Winnings that have been gained through any alleged breach of Clause 7.2, shall be kept in Your Account whilst FS undertakes an investigation. If the outcome of such investigation is that FS in its sole discretion is satisfied that such winnings have been obtained in breach of Clause 7.2, FS shall be entitled to retain such winnings.
- FS has systems that ensure that participation in the Games is fair and correct. The decision of the Press Association is the final and binding decision when determining the outcome of any Game.
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Winnings and Administration Fees
- In any FS leagues where the Members can win money or other prizes, FS shall take an Administration Fee for participation in the leagues, in accordance with Clause 6.1 above. The prize money or other prize is detailed on the Site. In Games which form part of a tournament the prize money is determined by the number of Members participating in the tournament.
- The outcome of a Game is presented on the Site for all Members. Lists and ranking are also presented on the Site. Only Your manager name and team names will be used in lists and ranking. A prize in the form of money will be deposited in the Account of the winner of the Game within 24 hours of completion of the last Game to finish in that round.
- Any liability relating to You (including but not limited to any tax liabilities) as a result of You winning a prize is to be paid by You. FS is not responsible for paying Your tax.
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Intellectual Property Rights:
- The software and Site are protected under applicable copyright laws. Title, ownership and all IPR in the software and Site and any such other IPR are owned by FS, including images, photographs, animations, video, audio, music and text that may be part of the software and/or the Site. Copying, adaptation, redistribution or publication of any of the content or part of the software or Site is strictly prohibited. Title, ownership and all IPR in the name "Fantasy Stakes" remain with FS.
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Privacy and Data Protection
- In order to be able to fulfil these Terms and Conditions, FS must register and handle personal data. FS will process Your data in accordance with the Data Protection Act 1998.
- FS reserves the right to reasonably withhold any payout or winning amount until the identity of the winning Member is verified to FS's sole satisfaction in order to ensure that payment of the winning amount is being made to the correct Member and that these Terms and Conditions have been met.
- FS shall process and store Your data as set out in its privacy policy which is set out on the Site, and can be accessed by clicking here and is included in these Terms and Conditions.
- You agree that Your personal information can be used by FS and/or its subsidiaries in order to present information to You through the Site or by e-mail. FS normally uses e-mail to contact You. At any time You can contact FS through the Contact Us section or through the link in the e-mail, and tell FS that You no longer wish to receive information.
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Promotions
- From time to time FS will run promotions on the Site. FS reserves the right to amend the applicable terms and conditions for such promotions at any time and such terms and conditions shall be presented on the Site.
- "Free credits": If, for any reason, FS deposits "free credits" in the form of credit into a Member's Account(for example, winnings in a Free League or for promotional reasons), if the free credits are not used within one month, FS has the right to deem this credit to be unused and may claim it back at this time.
- "Cash Match": If, for any reason, FS deposits funds in the form of credit into a Member's Account in order to match funds which have been deposited by a Member "cash match", if the Member has not used such cash match funds within one month, FS has the right to deem the cash match funds to be unused and may claim it back at this time. The cash match funds shall remain the funds of FS and You may not withdraw such catch match funds from Your Account. You can retain any winnings in Your Account which are created using the catch match funds.
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Affiliates
- Affiliates may request a statement of account regarding the Members that it has introduced at any time. Commission which is payable by FS to Affiliates for the introduction of new Members will be made at the end of each football season provided the amount payable to the Affiliate is not less than £50. If the commission payable is less than £50, payment will be carried over to the following football season.
- Affiliates are fully responsible for all taxes and other costs incidental to and arising from any payments made to it under this Clause 12.
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Limitations of FS's Liability
- FS is not responsible for Site accessibility and FS is not responsible for events that are outside FS's control, including, without limitation, the result of the football leagues relating to the Games that You participate in, all the management of and equipment used by You, suppliers, agents, hardware and/or software that is used by FS, as well as any events of Force Majeure.
- All material on the Site is published and presented "as is", without any form of guarantees or promises in any form from FS. FS is not responsible for the information or other content on the Site, and offers and makes no representations and/or warranties that Site material in all parts is correct, accurate, complete and/or up-to-date.
- FS does not guarantee that this Site or material on the Site is free from computer viruses or other harmful components. Your downloads from and use of the Site are completely at Your own risk.
- FS shall not be responsible or liable for the results or consequences of any events, situations or circumstances which are caused by You and/or any third parties.
- You shall hold the FS, its employees, officers, directors, licensees, distributors, wholesalers, affiliates, subsidiaries, advertising, promotion or other agencies, media partners, agents and retailers harmless and shall fully indemnify the same from any and all costs, expenses, liabilities and damages whatsoever that may arise as a result of: (i) Your entry, use, or reuse of the Site, (ii) Your use of any content of material on the Site, (iii) Your entry, use, or reuse of FS's server, (iv) Your participation in any Game, or, (v) Your acceptance of any prize or winnings.
- The total maximum aggregate liability of FS, whether in contract, tort, breach of statutory duty or otherwise and whether in connection with these Terms and Conditions and/or any collateral contract, shall in no circumstances exceed £50 (fifty pounds).
- You acknowledge that no representations were made to You prior to accepting these Terms and Conditions and You agree that, in accepting these Terms and Conditions, You did not rely on any representations (whether written or oral) of any kind or of any person other that those expressly set out in these Terms and Conditions.
- The exclusions in this section shall apply to the fullest extent permissible at law, but FS does not and nothing in these Terms and Conditions shall exclude liability for death or personal injury caused by the negligence of FS, its officers, employees, contractors or agents for fraud, breach of statutory obligations or other liability which may not be excluded or limited by law.
- FS has no responsibility to monitor You or any other Member in order to ensure that You abide by these Terms and Conditions. However, FS has the right to do so and if FS suspects that the Site is being misused or that these Terms and Conditions are being breached in any way then FS may at its sole discretion take all necessary measures in order to close Your Account. You have no right to any form of compensation from FS in the case that You and/or any third party misuses the Site or breaches the relevant Terms and Conditions. FS is not liable for any loss or damage suffered or incurred by You that comes from or relates to anybody obtaining access to Your Account.
- Your Account is not a bank account and is therefore not insured, or protected by any deposit or banking insurance system or by any other similar insurance system. Money deposited with in Your Account shall not attract any interest.
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Severance
- In the event that any provision of these Terms and Conditions shall be determined to be illegal or unenforceable in any jurisdiction by a court of competent jurisdiction, then the illegal or unenforceable provision shall be amended, limited, eliminated or otherwise changed by FS to the minimum extent necessary so that it is no longer illegal or unenforceable and so that it as nearly as possible meets its intended commercial effect but without being illegal or unenforceable and the other Terms and Conditions shall remain in full force and effect and enforceable.
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Jurisdiction and Choice of Law
- These Terms and Conditions are subject to and shall be governed and construed in accordance with English law and any disputes regarding these Terms and Conditions shall subject to the exclusive jurisdiction of the courts of England & Wales.




