PLEASE READ THE AGREEMENT CAREFULLY AND MAKE SURE YOU FULLY UNDERSTAND ITS CONTENTS. IF YOU HAVE ANY DOUBTS ABOUT YOUR RIGHTS AND OBLIGATIONS RESULTING FROM THE ACCEPTANCE OF THIS AGREEMENT, PLEASE CONSULT A LEGAL ATTORNEY IN YOUR JURISDICTION.
The following words and terms, when used with this agreement, shall have the following meanings, unless the context clearly indicates otherwise.
|Online Casino||ElectraWorks Limited's internet gaming system on the Website and related facilities and gaming activities as offered and listed at www.casinoking.com including but not limited to, online casino and/or online bingo and/or Online Casino and/or any other games, where applicable;|
|Player Account||One personal single account, opened by an individual and maintained with us to enable that person to play games on the Online Casino;|
|Software||the software licensed to us including any program or data file or any other content derived therefrom, that required to be downloaded, accessed or otherwise utilized by you from the Website enabling you to participate in the Online Casino;|
|Username and Password||the username and password which you choose on registration with the Online Casino;|
|You||the user of the Online Casino Software downloaded from the Website.|
|Us/We/Ours||ElectraWorks Limited, www.casinoking.com;|
|Website||www.casinoking.com and any related sites accessible via links or any other access way;|
2. SUBJECT MATTER OF AGREEMENT
This agreement covers the arrangements between you and us in relation to your use of the Online Casino either for playing play-for-real or play-for-fun games.
3. LEGAL REQUIREMENTS
3.1 Underage gambling is an offence. You can only use the Online Casino and/or the Website if you are the legal age as determined by the law of the country where you live.
3.2 You cannot use the Online Casino and/or the Website if you are under 18 years of age in any circumstances. If We are unable to verify Your identity details within the first 72 hours after applying to open a Player Account and depositing funds, We reserve the right to void any transactions You place during that period and we may freeze Your Player Account. If We are unable to satisfactorily verify Your identity within a reasonable time-period, which period of time shall be determined by Us at Our sole discretion, We reserve the right to close Your Player Account and we may withhold the account balance in Your Player Account until Our verification process is completed satisfactorily.
3.3. If, on completion of Our verification checks, You are shown to be underage, We reserve the right to void all transactions made whilst You were underage; We reserve the right to close Your Player Account; and We reserve the right to inform the Gibraltar Gambling Commissioner or the UK Gambling Commission, depending on Your location at the time during which you used the Online Casino.
3.4 Some legal jurisdictions have not addressed the legality of online gambling and others have specifically made online gambling illegal. We do not intend that anyone should use the Online Casino and/or the Website where such use is illegal. The availability of the Online Casino and/or the Website does not construe an offer or invitation by us to use the Online Casino in any country in which such use is illegal. Use of the Online Casino is void wherever prohibited by any applicable law. You accept sole responsibility for determining whether your use of the Online Casino is legal in the country where you live.
3.5 The Online Casino and interactive features (including certain games) may vary according to the platform You are using to access them from.
4. LICENCE TO USE SOFTWARE
We hereby grant to you a personal non-exclusive, non-transferrable right to use the Software, for playing in the Online Casino, in accordance with the following provisions.
4.1 You are not permitted to:
4.1.1 install or load the Software onto a server of other networked device or take other steps to make the Software available via any form of "bulletin board", online service or remote dial-in, or network to any other person;
4.1.2 sub-license, assign, rent, lease, loan, transfer or copy (except as expressly provided elsewhere in this agreement), your licence to use the Software or make or distribute copies of the Software;
4.1.3 translate, reverse engineer, decompile, disassemble, modify, create derivative works based on, or otherwise modify the Software;
4.1.4 copy or translate any user documentation provided "online" or in electronic format;
4.1.5 reverse engineer, decompile, disassemble, modify, adapt, translate, make any attempt to discover the source code of the Software or to create derivative works based on the whole or on any part of the Software; or
4.1.6 enter, access or attempt to enter or access or otherwise bypass the Our security system or interfere in any way (including but not limited to, robots and similar devices) with the Online Casino or the Website or attempt to make any changes to the Software and/or any features or components thereof.
4.2 You do not own the Software. The Software is owned and is the exclusive property of the licensor, a third party software provider company, (the "Software Provider"). The Software and accompanying documentation which have been licensed to us are proprietary products of the Software Provider and protected throughout the world by copyright law. Your use of the Software does not give you ownership of any intellectual property rights in the Software. This agreement applies only to the grant of the licence to use the Software.
4.3 THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES, CONDITIONS, UNDERTAKINGS OR REPRESENTATIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. WE HEREBY EXCLUDE ALL IMPLIED TERMS, CONDITIONS AND WARRANTIES (INCLUDING ANY OF MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR ANY PARTICULAR PURPOSE). WE DO NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS.
4.4 WE DO NOT WARRANT THAT THE SOFTWARE WILL BE NON-INFRINGING OR THAT THE OPERATION OF THE SOFTWARE WILL BE ERROR FREE OR UNINTERRUPTED OR THAT ANY DEFECTS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE OR THE SERVERS ARE VIRUS-FREE. IN THE EVENT OF COMMUNICATIONS OR SYSTEM ERRORS OCCURING IN CONNECTION WITH THE SETTLEMENT OF ACCOUNTS OR OTHER FEATURES OR COMPONENTS OF THE SOFTWARE NEITHER US NOR OUR SOFTWARE PROVIDER WILL BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY COSTS, EXPENSES, LOSSES OR CLAIMS ARISING RESULTING FROM SUCH ERRORS. WE FURTHER RESERVE THE RIGHT IN THE EVENT OF SUCH ERRORS TO REMOVE ALL RELEVANT GAMES FROM THE SOFTWARE AND THE WEBSITE AND TAKE ANY OTHER ACTION TO CORRECT SUCH ERRORS.
4.5 You hereby acknowledge that it is not in our control how the Software is used by you. You load and use the Software at your own risk and in no event shall we be liable to you for any direct, consequential, incidental or special damage or loss of any kind (except personal injury or death resulting from our negligence).
4.6 The Software may include confidential information which is secret and valuable to the Software Provider and/or us. You are not entitled to use or disclose that confidential information other than strictly in accordance with the terms of this agreement.
5.1 ElectraWorks Limited is a corporation incorporated under the laws of Gibraltar and is licensed by the Government of Gibraltar and regulated by the Gibraltar Gambling Commissioner under the Gambling Act 2005 for the purpose of operating a virtual casino on the internet, under the name http://www.casinoking.com/. ElectraWorks Limited is also licensed and regulated by the UK Gambling Commission under the Gambling (Licensing and Advertising) Act 2014. To the extent that You are located outside England, Wales, Scotland or Northern Ireland whilst You use the Online Casino, We shall be deemed to be regulated by the Gibraltar Gambling Commission; to the extent that You are located in England, Wales, Scotland or Northern Ireland whilst You use the Online Casino (a “UK Player”), We shall be deemed to be regulated by the UK Gambling Commission.
5.2 We only allow access to playing games on the Online Casino through secured networks using encryption of the user name and password. You cannot play games on the Online Casino without passing our customer security login.
5.3 You may not use the Online Casino for any commercial use or on behalf of another person. Any use of the Online Casino by you is for own private purposes only.
5.4 You must keep your Username and Password confidential and should not disclose them to anybody. You may not use anyone else's password. You shall be responsible for all transactions conducted in relation to your Player Account using your Password. Every person who identifies him/herself by entering your correct Username and Password is assumed by us to be you and all transactions where the Username and Password have been entered correctly will be regarded as valid.
5.5 You will not allow any third party to use your Player Account to use the Online Casino and you will not use any other person's Player Account or means of payment to access the Online Casino or the Website or the Software.
5.6 It is your responsibility to ensure that you understand the rules and procedures of the games in the Online Casino and your use of online gaming in general before you play any such games.
5.7 We have methods in place to encrypt Your Username and Password information, and any other sensitive information transferred to and from the client application and our servers, thus securing the Player and us against manipulation attempts by a third party. You will not break in, access or attempt to break in or access or otherwise by-pass our security. If we have a suspicion that you have attempted to or may be attempting to break in, access or otherwise by-pass our security or the Software, we will be entitled to terminate with immediate effect your access to the Online Casino and/or have your account blocked, and we reserve the right to inform the applicable authorities.
6. YOUR RESPONSIBILITIES
6.1 We make no representation or warranty with respect to the legality or otherwise of the accessing and use of the Online Casino in your country of residence and it is solely your responsibility to determine whether such accessing and use of the Online Casino by you is legal. We further warrant in that respect that it does not intend to enable you to contravene any applicable law.
6.2 You shall not transfer in any way whatsoever your rights under this agreement without our prior written consent.
6.3 You are fully responsible for all taxes, fees and other costs incidental to and arising from winnings resulting from use of the Online Casino.
6.4 It is your responsibility to inform us of any changes to your registration details.
6.5.1 You agree that we or a payment processing company on our behalf will handle all financial account transactions ("Payment Processor"). You hereby agree that the Payment Processor reserves the right to withhold any payments should the Payment Processor have reason to believe or any suspicion that you may be engaging in or have engaged in fraudulent, collusion, unlawful, or improper activity.
6.5.2 You agree to fully pay any and all payments due to us or any third party in connection with your use of the Online Casino. You further agree not to make any charge-backs and/or renounce or cancel or otherwise reverse any of your due payments and in any such event you will refund and compensate us for such unpaid payments including any expenses incurred by us in the process of collecting your payment.
6.5.3 You are aware of and agree that the maximum amount that you can withdraw from your Player Account in a 7-day period is $5,000 USD, (or currency equivalent in AUD, CHF, CAD, EUR, GBP) and 50,000 SEK / 50,000 ZAR (“Maximum Amount”). For the avoidance of doubt, any subsequent withdrawals can only take place 7 days after the date of the withdrawal directly preceding it. VIP players may have higher withdrawal limits applied to them as agreed by us from time to time. If a withdrawal above the Maximum Amount is requested, the amount exceeding the Maximum Amount will be returned to your account balance.. The Maximum Amount limits do not apply to Progressive jackpot winnings, which will be paid within 30 days from the withdrawal request date. Non progressive withdrawals will be paid within two business days following the receipt and verification of all required documents as set in clause 10.5.
6.5.4 Please note that we will attempt to accommodate your request regarding the payment method and currency of payment of your withdrawal. This, however, cannot be guaranteed. Therefore, we may process and pay withdrawals in a different payment method than the one requested by you, such as through different payment providers, a bank draft or wire transfer. Similarly, in certain cases, the currency of your withdrawal may not be the currency in which your deposit was made or that was otherwise requested by you.
6.6 INACTIVE ACCOUNT FEES AND ABANDONMENT OF ACCOUNTS
6.6.1. If you do not access your Player Account by ‘logging on’ to Your Account using Your Account name and password and, and do not place any cash wager or bet in Our Online Casino for any consecutive period of 90 days, then after those 90 days (the 'Grace Period') Your Account will be deemed 'Inactive'.
6.6.2. Once Your Account has been deemed Inactive we will be entitled to charge You an administrative fee (the 'Inactive Account Fee'). We may deduct an amount up to the Inactive Account Fee amount from Your Account Balance on the day following the end of the Grace Period and then every thirty (30) days thereafter in accordance with the Inactive Account Fee Schedule. If we continue to deem Your Account Inactive for a period of eighteen consecutive calendar months, in order to safeguard your monies, we may withhold any remaining monies in Your Account and close Your Account. You may contact us to reclaim any such withheld monies at any time.
We will stop deducting the Inactive Account Fee from Your Account Balance if Your Account is re-activated by making a cash bet or wager or upon closure of Your Account in accordance with 6.6.2. above.
Inactive Account Fee Schedule is €10 EUR, US$10/GBP£10/100ZAR/CA$10/AU$100/100SEK/CHF 10).
All fees and charges are subject to change from time to time.
6.7 You accept that you are solely responsible for the supply and maintenance of all of the computer equipment and telecommunications networks and internet access services that you need to use in order to access the Online Casino. We will not be liable in any way whatsoever for any loss caused to you by the internet or any telecommunication service provider which you have engaged in order to access the Online Casino or the Website.
6.8 You acknowledge that our random number generator will determine the outcome of the games played on the Online Casino and you accept the outcomes of all such games. You further agree that in the unlikely event of a disagreement between the result that appears on the Software and the game server, the result that appears on the game server will prevail and you acknowledge and agree that our records will be the final authority in determining the terms and circumstances of your participation in the Online Casino gaming activity.
6.9 You will not commit any acts or display any conduct that damages our reputation or our software provider or any other related service providers.
6.10 You acknowledge that if your Player Account is opened you will fully indemnify us and hold us harmless from and against all and any losses, costs, expenses, claims, demands, liabilities and damages however caused that may arise as a result of your (a) entry, use, or reuse of the Website or the Online Casino; (b) breach of any of the terms and provisions of this agreement. You further agree to fully indemnify, defend and hold us and our officers, directors, employees, agents, contractors and suppliers harmless, from and against all claims, liabilities, damages, losses, costs and expenses, including legal fees, arising out of any breach of this Agreement by you, and any other liabilities arising out of your use of the Online Casino or the Software.
6.11 We reserve the right to change this agreement from time to time as set out in clause 9 below.
6.12 ACCOUNT CURRENCY AND UK PLAYER FUNDS PROTECTION
6.12.1 On signup, you will be asked to choose a preferred currency for your Player Account from the currencies available (an ‘Account Currency’). Please note that once you have chosen an Account Currency, you will not be able to change your Account Currency unless your Player Account has a zero balance and you obtain our approval (which may be withheld or delayed at our sole discretion). Should you wish to change your Account Currency, please contact us.
6.12.2 We are not a bank and funds are not insured by any government agency. All payments to and from your Player Account must be paid in the currencies available on the Online Casino and shall not bear interest. You shall ensure that all payments into your Player Account are from a payment source for which you are the named account holder. If you are making a deposit into your Player Account in a currency other than your Account Currency, such deposit will be made at the currency exchange rates offered by us at the time of such deposit. If you are making a withdrawal from your Player Account in a currency other than your Account Currency, the withdrawal may be subject to either (i) the currency exchange rates offered by us at the time of such withdrawal; or (ii) any currency exchange rates offered by your payment service provider and/or a conversion fee. Please see the Currency Converter for further details.
6.12.3 We are unable to guarantee the continued availability of any particular currency. In the unlikely event that it becomes necessary for us to stop supporting a particular currency and your Account Currency becomes unavailable, we reserve the right to require you to convert your Account Currency into a preferred available alternative at the currency exchange rates offered by us at the time of conversion.
6.12.4 We are required to notify UK Players that the level of protection afforded to their funds is described in the Disclosure Statement. Customer funds are kept in bank accounts separate from other business bank accounts but they would form part of the assets of the business in the event of insolvency. This meets the Gambling Commission’s requirements for the segregation of customer funds at the level: basic segregation. Please note that UK Players will be required to acknowledge receipt of the Disclosure Statement and We will not permit UK Players to utilise any of their funds deposited for gambling until they have each done so, on each of the following occasions: (i) if a UK Player has not previously deposited funds with Us, on the first occasion on which that UK Player deposits funds, (ii) if a UK Player has previously deposited funds with Us, on the next single occasion on which that UK Player deposit funds with Us; and (iii) on the occasion of any subsequent deposit by a UK Player, which is the first since a change in Our Disclosure Statement. For further details, please consult the Gambling Commission website.
6.13 RESPONSIBLE GAMBLING
6.13.1 If You feel You have lost or may lose control over Your gambling or gambling expenses or feel at risk of losing control, You must notify Us immediately by emailing Us at firstname.lastname@example.org.
6.13.2 Please see the responsible gaming function available on Your Account, via the Account, Cashier, My Account, Responsible Gaming section of Your Account or by clicking here.
6.13.3 If You request a temporary time-out or indefinite self-exclusion using the responsible gaming function referenced in 6.13.2 above, the Inactive Account Fee will not be deducted from Your Account. Upon indefinite self-exclusion the outpayment of the account balance (less any bonuses) in Your Account will be initiated, subject to the terms of this Agreement.
6.13.4 If You have elected indefinite self-exclusion under the responsible gaming function of any of the Platforms provided by any Group company, You acknowledge and agree that You are not permitted to open or use an Account with any other Group company ('Additional Group Account') during the period You have selected. In the event of a breach by You of this clause, We and/or any Group company shall additionally be entitled (but not obliged) to suspend any funds You may deposit (or have previously deposited) in any Additional Group Account. For the avoidance of doubt, in the event of a breach by You of this clause, neither We nor any Group company shall be liable to refund to You any funds You may wager in any Additional Group Account during the period You have selected.
7. YOUR WARRANTIES AND REPRESENTATIONS
You warrant and represent that:
7.1 you are not a resident of any one of the restricted countries.
7.2 you are acting on your own behalf;
7.3 you are not restricted by limited legal capacity;
7.4 you have not been diagnosed with a gambling disorder or are undergoing treatment for a gambling disorder;
7.5 all details which you give or have given in the process of registering with the Online Casino are accurate and that you will continue to update such details should there be any changes.
7.6 you are fully aware of the fact that there is a risk of losing money through the use of the Software to play games on the Online Casino;
7.7 you are not depositing funds originating from criminal and/or un-authorised activities;
7.8 you are not otherwise conducting criminal activities and/or intending to utilise the Player Account in connection with such activities. You are not using or intending to use or intending to allow any other person to use the Online Casino and the Player Account for any prohibited or unlawful activity, including but not limited to, fraud or money laundering, under any applicable law in particular your jurisdiction and the laws that apply to us;
7.9 you are not colluding or attempting to collude or intending to participate, directly or indirectly, in any collusion scheme with any other player in the course of any game you play or will play on the Online Casino.
7.10 you are not under the age of either (i) 18; or (ii) the age at which gambling activities are legal under the law of the jurisdiction that applies to you, whichever is greater;
7.11 the debit/credit card details supplied by you in the registration process are those of the registered account holder and the card has not been reported as lost or stolen;
7.12 you are not one of our officer, director, employee, consultant or agent or of one of our affiliated or subsidiary companies, or suppliers or vendors, and you are not any of their relatives as well (for the purpose of this clause, the term "relative" means spouse, partner, parent, child or sibling). In any event that you have breached this prohibition, among others actions that will be taken against you, you will not be entitled to any of your winnings.
7.13 you have not previously held a Player Account which was suspended or terminated either by us or by any other online gaming operator, charged back any monies via a Player Account or maintains a current Player Account; and
7.14 in opening the Player Account you will not provide any information or make any statement to us which is untrue, false, incorrect or misleading.
You must inform Us as soon as You become aware of any errors with respect to Your Player Account or any calculations with respect to any bet or wager You have placed or any currency conversion. In the event of such error or any system failure or game error (a divergence from the normal functioning of the game logic for whatever reason) that results in an error in any odds calculation, charges, fees, rake, bonuses or payout, or any currency conversion as applicable (an 'Error') We will seek to place all parties directly affected by such Error in the position they were in before the Error occurred. We reserve the right to declare null and void any wagers or bets that were the subject of such Error and to take any money from Your Player Account relating to the relevant bets or wagers, if there are insufficient funds in Your Player Account, We may demand that You pay Us the relevant outstanding amount relating to these bets or wagers. In all circumstances whereby We (in Our sole discretion) determine an Error has been used to gain an unfair advantage, We reserve the right to consider this activity to be subject to clause 10.6 of this Agreement.
9.2 Without prejudice to any of Your current and pending transactions involving Online Casino, the changes will take effect from the date specified when they occur as such change is communicated to you by pop-up box. It is important, therefore, that you log in to the Website from time to time and check to see whether there is a notification of change. You are solely responsible for reading the changes.
9.3 If you continue to use the Website or the Online Casino after we have updated the changes (after we have notified you of such changes by pop-up box), you agree to be bound by those changes whether or not you have read the relevant changes. If you do not agree to be bound by relevant changes, you should not continue to use the Website or the Online Casino any further.
9.4 If you are desirous of terminating Your Account, You will need to activate an indefinite Facility Closure for all facilities operated by Us by writing to Us at email@example.com and specifically instructing Us to activate an indefinite Facility Closure and/or to terminate Your Account.
9.5 Without limitation to section 10.8, We are entitled to terminate this agreement for convenience on seven (7) days’ notice (or attempted notice) to You at the email address You have provided to Us. In the event of termination by Us, We shall give notice of the termination to You via email and, other than where termination is pursuant to section 10.8, as soon as reasonably practicable refund the balance of Your Player Account. Where We have terminated pursuant to section 10.8, any payouts, bonuses and winnings in Your Player Account are non-refundable and deemed forfeited.
9.6 Termination of this agreement will not affect any outstanding wagers or bets, PROVIDED that any outstanding wagers or bets are valid and are not in breach of these Agreements in any way.
10. RESERVATION OF RIGHTS
10.1 We reserve, at our sole discretion, the right to:
10.1.1 refuse to register any applicant for registration on the Website or the Online Casino;
10.1.2 refuse to accept any wager on the Online Casino;
10.1.3 change, suspend, remove, modify or add any game or tournament on the Online Casino.
10.2 We reserve the right to make enquires on you, including credit checks, with third party credit and financial institutions, in accordance with the information you have provided us with.
10.3 If You have any complaints about any aspect of Our conduct of the Facilities, You must submit Your complaint to Us in writing as soon as is reasonably practicable following the date of the original transaction to which the claim relates. Complaints may be submitted by contacting us at firstname.lastname@example.org. You may also submit notices to Us in writing to: Customer Services Manager, Suite 6, Atlantic Suites, Europort Avenue, Gibraltar. Any notice We give to You (save as otherwise set out herein) will be sent to the e-mail address that You provide when You register Your Account. It is Your responsibility to give Us notice of any changes to this address through the 'Change E-mail' facility in Our software and to regularly check Your e-mail account for e-mails from Us.
10.4 To the extent that You are not satisfied with Our response through the complaints procedure:
(i) If You are a UK Player at the time of receipt of the Facilities:
(a) file your complaint at ec.europa.eu/consumers/odr/ or contact eCOGRA Limited directly at 2nd Floor, Berkeley Square House, Berkeley Square, London W1J 6BD, United Kingdom. eCOGRA is a dispute resolution service provider who We have appointed as an independent entity to offer alternative dispute resolution services for disputes (namely any complaint which relates to the outcome of a complainant’s gaming transaction and is not resolved at the first stage of Our complaints procedure). Please note that eCOGRA may reject complaints referred for dispute resolution on the basis they are frivolous or vexatious. The dispute resolution services provided shall be free of charge to You;
(ii) If You are not a UK Player at the time of receipt of the Facilities:
(a) file your complaint at ec.europa.eu/consumers/odr/ or contact eCOGRA directly as per (i)(a) above; AND/OR
(b) contact the Gibraltar Gambling Commissioner at email@example.com to submit a complaint.
10.5 We reserve the right to reasonably withhold any pay out or winning amount until the identity of the winning person is verified to our satisfaction in order to ensure that payment of the winning amount is being made to the correct person. For this purpose, we further reserve the right, at our sole discretion, to demand that you will provide us with a notarized ID or any equivalent certified ID according to the applicable law of your jurisdiction.
10.7 In the event that we will suspect fraud or fraudulent activity, abuse of your Account (including Bonus abuse as defined in the General Promotional Terms and Conditions) on your part or any of your payments are charged back, we will have the right to withhold any pay-out or winning amounts due to you and if necessary, to lawfully collect any payments owed by you. If playing in any of the live games, in any event of suspected card counting or chip dumping we further reserve the right to withhold any withdrawal amount from your account which will be in excess of your original deposit.
10.8 We may at any time without prior notice to you terminate your use of the Online Casino and block your Player Account if we considers that you are in breach of any of the terms and provisions of this Agreement or that you are otherwise acting illegally. We will not be under any obligation in such circumstances to refund or otherwise reimburse you for any of the funds in your Player Account.
10.9 We reserve the right, at our sole discretion, to offer and advertise from time to time promotions, bonuses or other special offers and each such offer will be subject to specific terms and conditions which will be valid for a limited period of time. In connection with the specific terms of the above promotions, bonus and special offers, we further reserve the right to withhold any withdrawal amount from your account which will be in excess of your original deposit. In addition, we reserve the right to withhold or otherwise decline or reverse any pay-out or winning amount or amend any policy in the event that we suspect that you are abusing or attempting to abuse any of the following: (i) bonuses; (ii) other promotions; or (iii) specific policy or rules determined in respect of an existing game or a new game.
10.10 We reserve the right to transfer, assign, sublicense or pledge this Agreement, in whole or in part, to any person upon providing email notice to you and you will be deemed to consent to such assignment.
11.1 Promotions and Promotion Periods
- We may, from time-to-time, run Promotions and these may take the form of bonus offers (whether real money bonuses or some other form of incentive), prize draws, competitions, contests, or other form of Promotion, or a combination of any of these. The particular form of Promotion will be described, and full details set out, in the communications (such as emails, computer pop-ups and letters) We issue to tell You about each Promotion (each aPromotion Communication) and/or on the individual web landing page for the relevant Promotion.
- The period of time during which each Promotion will run (Promotion Period) will be specified in the applicable Specific Promotional Terms. Each Promotion will automatically close at the end of the relevant Promotion Period, at which point no further participation in that Promotion will be possible. Where no Promotion Period is specified the relevant Promotion will end when it is discontinued on our Website.
11.2 Promotion Communications
- Unless otherwise indicated in the Promotion Communication, participation in each Promotion is open to players from Our Online Casino but is limited to one per person, family, household, address or organisation to whom We send the Promotion Communication. We reserve the right to restrict participation in certain Promotions to players who fulfil specific selection criteria. Where a Promotion Communication permits multiple participants, We reserve the right, in Our sole discretion, to limit the number of participants.
- Unless otherwise indicated in the Promotion Communication, it is intended for the addressed recipient or category of recipient only and cannot be transferred. If You are not the intended recipient or within the intended category of recipient then the offer is null and void.
11.3 Eligibility to participate in Promotions
To be eligible to participate in any Promotion, You must:
- be eighteen (18) years of age or older, or the legal age of majority in Your home country, state or province;
- if the Promotion is specifically intended for players who are residents of and/or located in a particular country as stated in the applicable Specific Promotional Terms, be a resident of and/or located in that country;
- not be an Unauthorised Person (as defined below);
(a “Qualifying Player”)
- To be eligible to participate in any Promotion which is stated to be intended for new players or which is described as a "new player" or "sign up" offer (or similar), You must not previously have opened and made a deposit into an Account on our Online Casino. Such Promotions may not be used in conjunction with any other Promotion.
- The identity of each participant in a Promotion will be determined from all or any combination of the following: name, address, email address, credit/charge/debit card number, IP address and other forms of identification which may be required. We reserve the right to request further information from You if You wish to participate in certain Promotions
11.4 Participation in Promotions
- Participation in any Promotion is voluntary.
- To participate in a Promotion, You should follow the instructions set out in the relevant Promotion Communication, on the individual web landing page for that Promotion and, where appropriate, the applicable Specific Promotional Terms. Where the Promotion Communication or landing page indicates that no purchase is necessary to participate in the Promotion, You may participate by sending an email to the address there specified.
- Unless otherwise indicated in the applicable Specific Promotional Terms, entry into each Promotion may be used only once.
11.5 Excluded and disqualified players
- Officers, directors, employees, consultants or agents of GVC Holdings PLC or any of its subsidiaries, parent or associated companies, or any of its or their respective suppliers or vendors (including advertising, printing and publicity agencies) or any officers, directors, employees, consultants or agents of any entity connected with any Promotion, or relatives of any of the foregoing persons, "relative" shall include, but not be limited to, a spouse, partner, child or sibling and any person residing in the same household as any of the foregoing persons.
- Residents of Nevada, District of Columbia, Florida, Illinois, Iowa and Rhode Island and any other jurisdictions where it is illegal to participate in promotions and/or to win cash prizes.
11.6 Qualifying Deposits
- Unless the applicable Specific Promotional Terms indicate that a "no purchase necessary" route is available (or such other dispensation is available), participation in any Promotion is subject to You having made the required minimum deposit of $10 or equivalent in local currency as may be required from time-to-time into Your Account, once opened, (“Qualifying Deposit”) unless the Specific Promotional Terms specify that a different Qualifying Deposit amount is required.
- Reverse withdrawals do not qualify as deposits for the purpose of any minimum Qualifying Deposit requirements.
- Qualifying Players who win a prize as the result of any Promotion consisting of a draw, competition, or contest (each, respectively, aWinnerand aPrize) must accept the relevant Prize "as is" and there is no right to a cash alternative unless We, in Our sole discretion, elect to offer such a cash alternative (which may be less than the full value of the Prize). We reserve the right, at any time, to substitute any Prize with one or more prizes (other than a cash alternative) of substantially equivalent value. We may do this, in particular, if it is impractical or unduly costly to deliver a particular Prize to the Winner's geographical location.
- Prizes will be drawn at random and, provided all players must be Qualifying Players, no favouritism will be shown in terms of gender, age, geographic location, length of time as a Qualifying Player, which of Our Online Casinos a Qualifying Player has used, or any other factor.
- All Prizes will be drawn by the time or within the timeframe specified in the applicable Specific Promotional Terms and, unless otherwise indicated there, a cash Prize will be paid into the Account of the Winner. Where We arrange for a non-cash Prize to be delivered to You, the delivery may need to be signed for, but in all cases We reserve the right to require that a particular Prize is made available for collection only, including without limitation if such Prize is impractical or unduly costly to deliver. In the case of a non-cash Prize, We will make all reasonable attempts to contact the Winner using his/her Account contact details, but if We have not been able to make contact with the Winner within 30 days of the Prize being won, We reserve the right to draw another Winner in place of the original Winner or to forfeit the Prize altogether without liability to the Winner.
- Any entitlement to receive a Prize is non-transferable.
- The Winner is solely responsible for the payment of any applicable tax in relation to the relevant Prize and for any costs associated with the Prize or its use, including without limitation the cost of complying with any requirements of applicable local law. Examples of such associated costs include, but are not limited to, if the Prize consists of a motor vehicle, in relation to vehicle registration, motor insurance and driving licence or, if the Prize consists of foreign travel, in relation to passport, visa and travel insurance requirements or, in relation to Prizes that are location-specific (for example, an event, activity or holiday), the cost of travel to and from the relevant location (unless the Prize is expressed to include travel or consists of a flight, train journey or sea voyage, in which case the Winner is responsible for travel to and from the point of embarkation).
- Where a Prize consists of an event, activity, holiday or the performance of a service, the Winner is solely responsible for complying with any booking or other conditions or instructions of the relevant third party provider or organiser and must be able to comply with any restrictions as to dates and times in relation to the Prize (which may not be re-scheduled) and any other eligibility restrictions imposed by the relevant third party provider or organiser. The contract in relation to any such event, activity, holiday or service will be directly between the Winner and the relevant third party provider or organiser and We will not be a party to that contract or have any liability in relation to its performance or non-performance, which shall be the sole responsibility of the relevant third party provider or organiser. We will not provide any form of insurance, including without limitation any public liability or cancellation insurance, in respect of any Prize consisting of an event, activity, holiday or service.
- Where, in relation to any Prize, We make use of any third party name or trade mark, these are proprietary to the relevant third party. No licence, affiliation, sponsorship or endorsement is claimed or should be inferred from the use of these names or trade marks or the use of any photograph of a Prize. Any photograph used to promote a Prize is for illustrative purposes only and the actual Prize may differ from the item shown in the photograph, including without limitation as to make, model, specification, colour, finish, packaging and other features.
- Our offering of a particular Prize implies no affiliation on Our part with or sponsorship or endorsement of the relevant third party manufacturer, supplier, provider or organiser.
11.7 Prize Draws
- In respect of any prize draw, Winners will be drawn at random from all entries correctly submitted (the details of the process used are set out below (the "Draw Process")) and, provided all players are Qualifying Players, no favouritism will be shown in terms of gender, age, geographic location, length of time as a Qualifying Player, which of Our gaming channels or Online Casino a Qualifying Player has used, or any other factor.
- The Draw Process is as follows:
(a) Each entry validly submitted by every Qualifying Player into a prize draw will be randomly sorted in a Microsoft Excel spreadsheet and allocated a random unique ticket number, starting from number 1 up to the total number of entries for the prize draw in question (each a "Unique ID");
(b) The random number generator function in Microsoft Excel shall be used to determine the winning Unique ID numbers corresponding to the number of Winners to be drawn for the prize draw in question.
(c) The "Prize Draw Adjudicator" shall mean Our Head of Promotions or such other responsible person that they may direct;
(d) The prize draw will take place in Our Gibraltar office by the Prize Draw Adjudicator and will be witnessed by a member of Our legal department.
11.8 Publicity and intellectual property
- By participating in any Promotion in which You win a Prize or which takes the form of a contest, league or tournament in which You successfully progress to a second or subsequent round, You agree to co-operate in all advertising, marketing and publicity material and activities We may, at Our expense, produce or arrange. You also agree if requested (a) to wear any branded clothing or attire We may provide; and (b) to sign, if requested, an irrevocable release form allowing Us, without any compensation being payable, to use Your name, photograph, likeness, details of the country and/or city where You live, any comments made by or attributed to You, and to incorporate any such information and any audio/visual recording or broadcast for such promotional purposes, in any media, throughout the world.
- Where You participate in any event which We host or arrange in connection with a Promotion, You agree not to make use of any third party branding or advertising for any organisation which We consider to be Our competitor, including without limitation any branding or advertising for any other gaming company, and You agree not to conduct yourself in a manner that might, in Our reasonable opinion, bring us, any of Our affiliates or any of Our or their respective brands into disrepute. In the event of any breach of this requirement, We reserve the right not to award a Prize or to seek the return of any Prize awarded.
- With respect to any submission or entry You make in the course of participating in any Promotion, You warrant that the relevant material will be all Your own original work and will not infringe on the intellectual property rights or other rights of any person. You agree to assign all rights (including intellectual property rights) in such material (and if moral rights exist, agree to waive such rights) and agree to execute all documents and to do any other things reasonably necessary to assure Our title to such material and to allow Us fully to use and exploit such material.
11.9 Our liability
- Except that We do not exclude or limit Our liability for personal injury or death caused by Our negligence or for fraudulent misrepresentation or any other liability that may not, by law, be limited or excluded, We accept no liability in relation to Your participation (or inability to participate) in any Promotion, including without limitation any use made by You of (or inability to use) any Prize, to the maximum extent permitted by law.
- If any Promotion cannot be executed as planned, including due to any technical problems or circumstances beyond Our control, We shall incur no liability and no bonus, payment or prize of any kind will be awarded.
11.10 Alteration and termination of Promotions; modification of the Rules
- We reserve the right to alter, discontinue or terminate any Promotion, or any aspect of it, at any time, with or without notice, for any reason whatsoever, including without limitation if there has been any printing, production, distribution or other error in any Promotion Communication or on the Platform, or where there has been any error in the preparation for or conduct of any Promotion affecting the result of the Promotion or the number of participants or the value of claims.
- You may not assign or transfer any or all of Your rights or obligations under the Rules.
- No third party shall have a right to enforce the Rules against Us.
- Failure by Us to enforce a right under the Rules does not result in waiver of such right.
- If any part of the Rules is found to be unenforceable as a matter of law, all other parts of the Rules shall be unaffected and shall remain in force.
- Our determination and decision on all matters will be final and no correspondence will be entered into. Any dispute or situation not covered by the Rules will be resolved by Our management in a manner it deems to be the fairest to all concerned and, subject to the following section, that decision shall be final and binding on all players.
This agreement is effective from the moment of acceptance by clicking on the "I agree".
13. GOVERNING LAW
13.1 The construction, validity and performance of this agreement will be governed by the laws of Gibraltar and the courts of Gibraltar shall have exclusive jurisdiction. However, this shall not prevent us from bringing any action in the court of any other jurisdiction for injunctive or similar relief. The English language version of this Agreement will prevail over any other language version provided by us (as any other language version is provided for information purposes only).
13.2 The illegality, invalidity or enforceability of any part of this agreement will not affect the legality, validity or enforceability of the remainder.
14.1 You agree to receive communications from us in an electronic form. Electronic communications may be posted on the pages within the Website and/or the messages/help files of your client application, and/or delivered to your e-mail address. All communications in either electronic or paper format will be considered to be in "writing" and to have been received no later than five business days after posting or dissemination, whether or not you have received or retrieved the Communication. We reserve the right, but assume no obligation, to provide communications in paper format.
14.2 Any notices required to be given in writing to us or any questions concerning this Agreement should be addressed to firstname.lastname@example.org.
Created/ Amended: 26 October 2016