Terms and Conditions

1. General Terms & Conditions

1.1          By using and/or visiting any section of the Guess2Give website guess2give.com, by opening an account, placing a guess (bet), creating an event and allowing others to guess (bet) on that event through the website you agree to be bound by these terms and conditions.

1.2          Please read these terms and conditions carefully before accepting them. Once you have accepted the terms and conditions please print a copy and store them along with other email communications.

1.3          If you do not agree to accept and be bound by these terms and conditions please do not open an account, place any guesses (bets), create an event or continue to use this website. Your continued use of the Guess2Give website constitutes acceptance of these terms and conditions of use.

1.4          Guess2Give has been established to help individual fundraisers (‘Fundraiser’) raise more money for their nominated charity, and for their friends, family, work colleagues & wider social network who make Guesses (‘Guessers’) to have some extra fun & interest in the event by potentially winning the prize fund.

1.5          Guess2Give Limited is licensed & regulated by the UK Gambling Licensing Authority for the provision of online (remote) pool betting.

1.6          You must be 18 years of age or over and a resident of the Great Britain to use Guess2Give

1.7          The terms of use govern your contract with Guess2Give and came into effect on 15th August 2011.
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2. Where there are Two Parties

2.1      These terms and conditions shall be agreed between you and Guess2Give. Guess2Give is a company registered by Companies House in the United Kingdom registered office address Guess2Give Limited, 2-6 Cannon Street, London, EC4M 6YH.

2.2      Guess2Give Limited is licensed and regulated by The Gambling Commission licence number 000-027997-R-309930-001.
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3. Changes to the Terms of Use

3.1        From time to time we may need to change the terms of use. The most up to date terms of use can be accessed from the terms and conditions link in the footer of the website and the date on which they come into force is noted in paragraph 1.4.

3.2        From time to time we will make changes to the terms of use. We reserve the right to make changes to the terms of use without prior notice. Changes will come in to effect when the terms & conditions are updated on the site. You are advised to review the terms and conditions which are available through the link on the website on a regular basis.

3.3        When we amend the terms of use, if the changes are not acceptable to you, you will no longer be permitted to use Guess2Give.
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4. Accounts

4.1         To make a Guess or create an Event you will have to create an account.

4.2         Accounts can only be open by residents of Great Britain aged 18 or over. You hereby acknowledge and accept that by using the Guess2Give website there is a risk that you may, as well as winning money, lose money.

4.3         The account must be registered in your own correct legal name.

4.4         You may only open one account with us on Guess2Give. Any duplicate accounts will be closed.

4.5         All transactions made from a duplicate account will be made void, or stakes made using the duplicate account will be returned to us.

4.6         Any returns or winnings which you have gained or accrued on a duplicate account will be forfeited by you and donated to charity.

4.7         You warrant that you are over 18 years of age and that the name and address you supplied when opening your account are correct.

4.8         You are the rightful owner of the money which you guess (bet).

4.9          By agreeing to these terms of use you authorise us to undertake verification checks from time to time to confirm you are who you say you are and you are the age you say you are. If at any point we discover you are not over 18 years of age or you have provided false information we will close your account. When making these checks we may suspend your account.

4.10       You understand that it is an offence for you to guess (bet) on events if you are under 18. We may contact The Gambling Commission, Police or other authorities if you use the site and you are under 18 then you are not permitted to use the site.

4.11       If you are the ‘Winner’ you will be notified by email and Guess2Give will deposit your winnings into your bank account.

4.12       You understand that you must provide us with the correct bank account details within the time specified on the winners email for us to be able to deposit winnings into your account. Access to or use to Guess2Give may not be legal for people in certain countries. We did not intend that Guess2Give should be used for gambling, betting or gaming by persons in countries where such activities are illegal, this would include the United States of America.

4.13       We make no representation loyalty in respect of the guarantee or otherwise of the access to the use of the website. This website does not constitute an offer, solicitation or invitation to the use or subscription to betting or gambling services in any jurisdiction such activities are prohibited by law.

4.14       It is your responsibility to determine that the law applies in a location where you are present. You should ensure that you are acting legally in your jurisdiction and opening the account.

4.15       The Fundraiser or Guesser bears sole responsibility in ensuring their contact information and payment/bank details are kept up to date.

4.16       It is the responsibility of the Fundraiser or Guesser to ensure that their user-name and security details are confidential. In the event that a client is worried that this may no longer be the case, they should notify us immediately. Any transactions under the previous username will be the client’s responsibility.

4.17       Guess2Give reserves the right to verify the eligibility of all users and may, in its sole discretion, disqualify any entrant that fails to satisfy eligibility requirements.

4.18       Guess2Give take problem gambling seriously and have placed the following activity limits in place:

  1. Total spend on a Guess2Give event will be set at a maximum of £300 i.e. 100 guesses (bets)
  2. The total amount a Guesser can guess per month on Guess2Give will be set at maximum of £1500 per month
  3. Fundraisers can run a maximum of 10 events concurrently on Guess2Give

4.19       Credit cards are not accepted on Guess2Give. It can cost you more to make a credit card payment than a debit card payment, because the credit card issuers consider this type of payment a cash advance. We also think it’s important that people don’t go into debt when using Guess2Give. For these reasons we do not accept credit cards.

4.20       Guess2Give employees, employees of the software developer, and their respective direct family members (Grandparents, Parents, Siblings, Wives, Children must be over 18 years old and Partners) can use Guess2Give but they are not eligible win. Should they make a winning guess or guesses, all winnings must be donated to the charity nominated in the original event.
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5. General Events

5.1         Multiple guesses can be made on General Events but only one guess per result. This means there can be only one winner of the prize fund.

5.2         The winner will be the person who Guesses on the exact result or the closest to that result. If the result falls equally between 2 guesses the lower of the 2 results will be declared the winner.

5.3         Although every effort is made to ensure that information displayed on site with regards to an event is correct, it is to be used as a guide only. In the event of any particular information (time of event, individuals form guide) being incorrect we assume no liability for this.
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6      Special Events

6.1  This is a special Guess2Give event that allows multiple guesses to be made on a single result.  The result will be official established by the event organisers or independently adjudicated to ensure it is correct.

6.2  The special event been established to maximise the number of people who can participate, the amount of money that can be raised for charity and potentially the prize fund that could be won.

6.3  Multiple guesses can be made on a single result in a special Guess2Give event. It’s important to note that the prize fund will be shared equally amongst everyone who selects the winning result.

6.4  The winner(s) will be the Guesser who guesses on the exact result or the closest that result. If the result s falls equally between 2 guesses the lower of the 2 results will be declared the winner(s).
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7 Guesses

7.1  A ‘Fundraiser’ cannot Guess on their own event.

7.2  The result submitted by a Fundraiser must be the official result from the events official published results. If an official result is not available i.e. the Fundraiser is operating their own event, it is the responsibility of the Fundraiser to ensure that the result submitted can be independently corroborated. When we say “independently corroborated” we mean corroborated by someone that isn’t a friend, family member or work colleague, who hasn’t participated in the pool itself and is prepared to make a signed statement. We may not accept a result until we have a signed statement of official result.

7.3  It is the responsibility of the Fundraiser to ensure the end result entered in to the website is correct, as no changes can be made once the result is submitted.

7.4  If no result is registered after 20 days of the event finishing, or the Fundraiser does not start/finish the event (DNF) for any reason, or irregularities are established, all prize monies will be paid to the nominated charity.

7.5  Each Guess contains a charity donation, that element is voluntary

7.6  Guesses will not be accepted on events after 00:00 hours, on the day of the event. For certainty this is midnight and the start of the day on which the event is run

7.7  Guessers cannot cancel or change a Guess once the bet has been placed and confirmed.

7.8  Fundraisers cannot cancel or change an Event once a bet has been placed and confirmed.

7.9  Guess2Give only accepts Guesses (bets) made online. Guesses are not accepted in any other form (email, fax, etc.) and where received will be void.

7.10         Winnings must be claimed within 20 days of being notified. They will be credited to the winning Guessers bank account within 10 working days of the winner confirming their bank account details.

7.11         Any monies deposited with us are protected in the event of our insolvency.
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8 Collusion, Cheating, Fraud and Criminal Activity

8.1  The Gambling Commission, Police & other authorities will be advised if any participant, whether a guesser or Fundraiser, is found to be cheating or acting illegally or if you have any concerns about the betting transactions.
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9      Closure of your Account

9.1  Guess2Give may terminate your account (including your username and password) if we believe that you have breached any of these Conditions or acted in a manner inconsistent with the spirit of any of them or for any reason we discontinue to provide Guess2Give.

9.2  You acknowledge that we do not have to give you prior notice of any such termination.
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10 Errors or Omissions

10.1               A number of circumstances may arise where a Guess (bet) is accepted, or a payment is made by us in error. We reserve the right to correct any error made in relation to a bet or event.
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11 Breach of the Terms of Use

11.1               You should compensate to us in full for any claims, light purchase, costs or expenses (including legal fees) and any other charges that may arise as a result of your breach of the terms of use or any breach by or by any other person using your account of any laws or any jurisdiction applicable to you or Guess2Give.

11.2               When you breach the terms we reserve the right to provide you with notice that you are breaching, requiring you to stop the relevant act or failure to act and to put right the act or fault, suspend your account so you are unable to place bets or create events and terminate these terms of use
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12 Your Personal Information

12.1               All information held by us is secured data where housed and is confidential except where otherwise stated in the terms of use.
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13          Compliance with Law

13.1               The Product may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding Guess2Give and any guesses (bets) placed on Guess2Give.
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14 Law

14.1               These Conditions shall be governed by the laws of Great Britain, and you irrevocably submit to the exclusive jurisdiction of the courts of England.
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15   Transfer of Rights and Obligations

15.1               We reserve the right to transfer, assign, sublicense or pledge the Terms of Use, in whole or in part, to any person (but without Your consent) without notice, provided that any such assignment will be on the same terms or terms that are no less advantageous to You. You may not assign, sublicense or otherwise transfer in any manner whatsoever any of Your rights or obligations under the Terms of Use.

15.2               Unless otherwise expressly stated, nothing in these Conditions shall create or confer any rights or any other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than you and us.

15.3       Nothing in these Conditions shall be construed as creating any agency, partnership or any other form of joint enterprise between you and us.
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16   Events outside our control

16.1               We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Terms of Use that is caused by events outside our reasonable control (a “Force Majeure Event”).

16.2                Our performance is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite the Force Majeure Event.
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17    Waiver

17.1               If we fail to insist upon strict performance of any of your obligations or if we fail to exercise any of the rights or remedies to which we are entitled, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations.

17.2               A waiver by us of any default shall not constitute a waiver of any subsequent default.

17.3       No waiver by us of any of the provisions of the Terms of Use shall be effective unless it is expressly stated to be a waiver and is communicated to You in writing in accordance with paragraph 25 (Complaints and Notices) above.
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18           Severability

18.1               If any of the 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 which will continue to be valid to the fullest extent permitted by law.

18.2       In such cases, the part deemed invalid or unenforceable shall be amended in a manner consistent with the applicable law to reflect, as closely as possible, Guess2Give’s original intent.
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19           Entire Agreement

19.1               The Terms of Use and any document expressly referred to in them represent the entire agreement between You and us and supersede any prior agreement, understanding or arrangement between You and us, whether oral or in writing.

19.2               We each acknowledge that neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us except as expressly stated in the Terms of Use.

19.3               Neither party shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of the contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in the Terms of Use.
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20   Law and Jurisdiction

20.1               If you are gaming with Guess2Give the Terms of Use shall be governed by and interpreted in accordance with the laws of England and Wales.

20.2               The courts of England and Wales shall have non-exclusive jurisdiction over any disputes arising out of the Terms of Use.
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21   Responsible Gambling

21.1               For those customers who wish to restrict their gambling, we provide a voluntary self exclusion policy, which enables you to close your account or restrict your ability to place bets or game on the Website for a minimum period of six months. You can ask that the restriction lasts for a period of up to 5 (five) years.

21.2               If you require any information relating to this facility please speak to Customer Services.

21.3               We will use our reasonable endeavours to ensure compliance with self exclusion. However you accept that we have no responsibility or liability whatsoever if you continue gambling and/or seek to use the Website and we fail to recognise or determine that You have requested self exclusion in circumstances which are beyond our reasonable control. For example including but not limited to you opening a new account, gambling in an LBO or over the telephone rather than over the internet or using a different name or address.

21.4               The National Association for Gambling Care Educational Resources and Training (GAMCARE) provides information, advice and counselling to individuals, their family and friends who have concerns about problem gambling. The Helpline number for GAMCARE when calling from the UK is 0845 600 0133; this number may not be available from outside the UK.

21.5               Guess2Give is committed to supporting Responsible Gambling initiatives.
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22   Links

22.1               Where we provide hyperlinks to other websites, we do so for information purposes only. You use any such links at your own risk and we accept no responsibility for the content or use of such websites, or for the information contained on them. You may not link to this site, nor frame it without our express permission.

23 Contacting Us

23.1               Guess2Give considers these rules to be fair. Should you need any advice regarding these rules, please contact us at support@guess2give.com
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