GENERAL TERMS AND CONDITIONS FOR POKER PROMOTIONS
Below are the general terms and conditions ("Rules") that apply to all offers, prize promotions and competitions (collectively, "Promotions") that are advertised on or accessible through our site ("Site") and/or via the GUI software (the "Client"). Each Promotion is organized by Gambling Management S.A. ("PokerStars"/"we"/"us"/"our company"”), which owns and operates the Site.
In order to participate in any Promotion, each entrant ("Entrant"/"you") hereby agrees to be bound by the following: (i) these Rules; (ii) the end user license agreement governing the use of the Site ("EULA"); (iii) the tournament rules governing participation in any tournament on the Site ("Tournament Rules"); and (iv) any special terms and conditions relevant to the individual Promotion as may be displayed on the Site ("Special Terms").
1. Eligibility
1.1 To take part in any Promotion you must: (a) reside in and play from a jurisdiction within which it is legal for you to both play on the Site and take part in the Promotion; and (b) be 21 (twenty-one) years of age or of applicable legal age of majority in the jurisdiction you reside in (whichever the greater).
1.2 Each Entrant for a Promotion must be the same person whose name appears on the Player Account ("Stars Account") that is registered on our Site to take part in the Promotion (to the extent that a Stars Account is necessary in accordance with the Special Terms). By taking part in a Promotion, you hereby confirm to us that your name, address and personal details as registered on and set out in your Stars Account are correct and up to date. If you are unable to produce valid proof of your name, address or other personal details upon request and to our reasonable satisfaction, you will be automatically excluded or disqualified from the Promotion and may forfeit any privileges, prizes or funds that have been allocated to you.
1.3 Employees and relatives of employees of PokerStars and any entities affiliated or related to PokerStars are not permitted to participate in any Promotion. For these purposes, the term 'relative' shall mean but not be limited to spouse, partner, parent, cousin, child or sibling and 'affiliated' shall include but not be limited to mean such an employee's housemate(s) or co-habitee(s).
1.4 Where persons located in a particular jurisdiction are prohibited from taking part in any Promotion or where a Promotion only applies to a particular jurisdiction, this will be specified in the Special Terms.
2. Conduct of Entrants
2.1 If any Entrant is found to be in breach of these Rules, the EULA, Tournament Rules or the Special Terms or we discover or reasonably believe that you have acted deceitfully or dishonestly with respect to the Promotion, we shall be entitled to (i) exclude, suspend or disqualify you from the Promotion; and (ii) exclude you from future Promotions. The decision as to what activity or behavior constitutes a breach of these Rules or the Special Terms or what constitutes an act of deceit or dishonesty in relation to any conduct by an Entrant while participating in the Promotion rests solely with us and in our sole discretion.
2.2 We have a zero tolerance policy on activity which is designed to take advantage of Promotions by seeking to guarantee profit regardless of the outcome (whether that activity is conducted by you acting alone or as part of a group)("Improper Advantage Play"). Where we have reason to believe you have carried out Improper Advantage Play we shall be entitled to: (i) reclaim the Promotion and any prize, winnings or other rewards relating to the Promotion from your Stars Account; and (ii) close your Stars Account in accordance with the EULA.
3. Prizes/Gifts
3.1 We will set out on the Site, the duration as well as the final date for entry into each Promotion and any limit on the number of entries we will accept before closing the Promotion. This information will be available together with a description of each prize ("Prize") or reward on offer ("Gift") in the Special Terms but will not be made available in these Rules.
3.2 For the avoidance of doubt, Prizes, Gifts and/or all other items which may be given away as part of the Promotion are non-transferable and non-refundable, and may not be given, assigned, sold to or exchanged with any other person(s).
3.3 We shall be entitled, acting reasonably, to provide a cash alternative for any Prize or Gift, including where the original Prize or Gift is unavailable or in circumstances where providing the Prize or Gift would pose an excessive financial or logistical burden on us. You will not have the right to require payment of the cash alternative unless we agree otherwise. The cash value of each Prize or Gift (to the extent that we agree to make such cash alternative available in any given Promotion) will be specified in the Special Terms.
3.4 Unless otherwise stated in the Special Terms, winners of Prizes/Gifts will be notified within 30 (thirty) days from winning by way of phone, email or other form of communication as may be stipulated for each Promotion in the Special Terms. It is each Entrant's responsibility to ensure that the contact details and email address contained in their Stars Account are valid and correct. We will not dispatch a Prize/Gift until you have been notified of your winnings and the Prize or Gift will be credited to your Stars Account or posted to the address registered to your Stars Account (as may be applicable).
3.5 Prizes/Gifts must be claimed within 30 (thirty) days from when you are notified of your Prize/Gift unless otherwise stated. If you have not claimed the Prize/Gift within this time, your Prize/Gift will be void. Void prizes may be redrawn and offered to another Entrant or offered in another Promotion.
3.6 Following notification to you that you have won a Prize or entitled to receive a Gift, the Prize/Gift will be sent or made available to you no later than 90 (ninety) days following the conclusion of the Promotion. Where the Prize/Gift is to be credited to your Stars Account, this will be actioned as soon as practicable and in accordance with the Special Terms. Note that if an element of a Prize/Gift may relate to an event taking place at a future date, you will not be able to use the Prize/Gift until such future date.
3.7 There may be additional terms and conditions imposed by the supplier of a Prize or Gift ("Third Party Rules") in order for you to claim and/or use a particular Prize or Gift and we will not be responsible for your failure to comply with any such Third Party Rules. In addition, you may be required to enter into a separate binding agreement with us with regards to conditions governing the award and/or use of any element of the Prize and/or Gift. Failure to abide by such conditions may result in the forfeiture of the Prize/Gift.
3.8 Winners are not entitled nor authorized in any way to commit us to any contract, expense or cost entered into or incurred without our advance written acceptance of the same.
3.9 No Prize or Gift will be awarded to any Entrant who:
3.9.1 for any reason, would not be allowed by applicable law to receive and/or use the Prize/Gift or where the supply of the Prize/Gift to that Entrant would be unlawful; or
3.9.2 has opted out of or self-excluded from playing, participating in or receiving communications about our products or services, and where the Prize or Gift in question can be won through the use of such products and services.
3.10 Any Entrant in receipt of a Prize/Gift as part of any Promotion bears sole responsibility for all duties, taxes or charges that may be payable to any relevant authority, whether applied as a withholding tax from the payment of Prize/Gift or as tax in respect of the receipt of the Prize/Gift, in accordance with applicable laws. If we are required to withhold tax from the Prize/Gift, the amount you receive may be less than the advertised Prize/Gift.
4. Health and Safety – Events and Holiday Prizes
4.1 You must comply with all health and safety guidelines and/or instructions as may be given by us or which you should otherwise be aware of concerning your participation in the Promotion and adhere to any applicable legal and regulatory requirements as necessary. Failure to comply with any direction given may result in your disqualification from the Promotion.
4.2 You must take all reasonable steps to ensure your own health and safety when taking part in any events or activities forming part of the Promotion or the Prize/Gift. Any behavior or act or conduct by you which we consider to pose any medical, security or safety risk (including without limitation any abusive behavior, physical or psychological) will lead to your immediate disqualification.
4.3 You are obliged to take all reasonable steps to ensure your safety standards and the general appropriateness of participating in the Promotion and acknowledge that participation in the Promotion is undertaken at your own risk.
4.4 You must notify us of any medical or other condition which may mean that you are unfit to participate in the Promotion as soon as you become aware of such a condition. We shall be entitled, acting reasonably to forfeit your place in the Promotion or the awarding of a Prize or Gift to you (as applicable), without liability or compensation, if, in our reasonable opinion, you may expose yourself or others to risk of illness or injury or to the cancellation, disruption, or curtailment of the Promotion.
5. Ownership rights
5.1 This Clause 5 shall only apply in the event that a Promotion requires you to submit content for consideration by us as part of the method of entry for that Promotion and includes but is not limited to short stories, articles, blogs, audio-visual recordings, stills and photographs (collectively, "Content").
5.2 You hereby warrant and represent that you are the owner of all material contained in the Content you may submit and/or that you are authorized and have written permission to use and exploit the Content as part of any Promotion and have secured all necessary permissions, authorizations and consents to include any person or material appearing in your Content. In addition, you confirm that by submitting the Content, you hereby grant us an unconditional, irrevocable, non- exclusive, royalty-free, fully transferable, perpetual worldwide license to use, publish or transmit, or to authorize third-parties to use, publish or transmit the Content in any format and on any platform, either now known or hereinafter invented without any remuneration to you or any third party appearing in the Content in any way.
5.3 You warrant that your Content shall not contain or include or make use of anyone under the age of 18 (eighteen) years of age, be racist, obscene, derogatory, threatening in nature, or harass, libel, deceive, defraud or invade another's privacy, be offensive, defamatory of any person, or otherwise contain or condone anything illegal or unlawful. You warrant that any Content that you submit to us does not infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary or privacy right of any party or individual. You agree not to include or depict anything in the Content: (i) which is intended to upset or harm others; (ii) that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of any classification, including, without limitation, religion, gender, sexual orientation, race, color, creed, ethnicity, national origin, citizenship, age, marital status, military status or disability; (iii) that would constitute, or would otherwise encourage, criminal conduct or give rise to civil liability; or (iv) which is intended for commercial purposes, including, without limitation, to solicit funds or to promote, advertise or solicit the sale of any goods or services.
5.4 You acknowledge that when you send us your Content you are doing so at your own discretion and risk and that you are solely and fully liable for any material contained in your Content. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any Content submitted by you in relation to the Promotion.
5.5 Following the submission of your Content, you acknowledge that we or authorized third parties on our behalf, reserve the right to refuse to publish, take down, cut, crop or edit your Content at our sole discretion (and you permit us to carry out all of the same as we deem necessary) and we are under no obligation to use, upload, broadcast and/or transmit your Content on our Site or in any media.
6. Limitations of liability
6.1 By participating in any Promotion you hereby agree to release, discharge and hold harmless PokerStars, its legal representatives, affiliates, subsidiaries, agencies and respective officers, directors, employees and agents, from any costs, expenses damages, losses claims, actions or proceedings brought by you (or any third party on your behalf) ("Claims"), as a result of your participation in the Promotion and/or any Prize/Gift that may be awarded to you as a result thereof and we fully exclude any liability in relation to any such Claims (other than payment of any costs and expenses specifically provided as part of the Prize/Gift (if any) with respect to the Promotion). This limitation does not include any liability on the part of us to you for: (i) negligence; (ii) death or personal injury arising out of our negligence or the negligence of our employees; (iii) fraudulent misrepresentation; or (iv) any liability that cannot be excluded or limited by applicable law. For the avoidance of doubt, this Clause 6.1 shall also apply in respect of any Prize provided by a third party.
6.2 Save as permitted under Clause 6.1 above, you acknowledge and agree that, to the fullest extent permitted by applicable law, regardless of the form of action, whether in contract, tort or otherwise, in no event will we or our affiliates, including, without limitation, their respective officers, directors, employees, successors and assigns, be liable to you or any party for: (i) any indirect, special, exemplary, punitive, incidental, consequential (including, but not limited to, damages for business interruption, loss of business and other profits, loss of programs, cost of replacing equipment or software or loss of records, information or data), or any other damages arising in any way from or in relation to your participation in any Promotion (or inability to do the same), even if we have been advised of the possibility of such damages; or (ii) any claim attributable to errors, omissions, or other inaccuracies in the Promotion.
6.3 We shall not be liable to you for any failure to perform any of our obligations under the Promotion or in respect of the Prize/Gift where we are unable to do so as a result of circumstances beyond our reasonable control and whilst we may endeavor to provide an alternative Prize/Gift, we shall not be liable to compensate any Entrant where we fail to do so in such circumstances.
6.4 You hereby agree to indemnify our company, its legal representatives, affiliates, subsidiaries, agencies and respective officers, directors, employees against all costs, losses, damages, expenses and liabilities (including for loss of reputation and goodwill and professional advisors fees) suffered by us arising as a result of a breach by you of your obligations under these Rules, the EULA, the Tournament Rules or the Special Terms or in connection with your failure to follow any instructions given by our team or in relation to any matter concerning your participation in a Promotion.
7. Miscellaneous
7.1 In case of disputes or disagreements concerning any aspect of a Promotion including but not limited to all matters relating to the awarding of the Prize/Gifts, an Entrant's eligibility to participate in the Promotion, the conduct of any Entrant, these Rules, the EULA, the Tournament Rules or the Special Terms, the final decision shall lie with our team and any decision by us shall be final and binding upon you and shall not be subject to review or appeal by you or any third party. For the avoidance of doubt, this is without prejudice to any rights or any remedies you may have under applicable law.
7.2 Should these Rules state that the use of a judging panel will be required to determine a winner based on subjective analysis or interpretation, we will appoint one independent individual to the judging panel.
7.3 The personal information supplied by Entrants when entering any Promotion will be used by us in accordance with the Privacy Policy. Each Entrant acknowledges that their username as well as country of origin may be published on a leaderboard for the purposes of a Promotion but we will not use any personal details in connection with your wins, unless you specifically consent to us doing so. Note however that if we wish for you to take part in any publicity or marketing campaigns in relation to your participation in any such Promotion, we will seek your written consent for any such use beforehand.
7.4 These Rules, the EULA, the Tournament Rules and any applicable Special Terms represent the entire agreement between you and us relating to each Promotion that you participate in and supersedes all prior representations, agreements, negotiations or understandings (whether oral or in writing) between us and you. Except as specifically set out herein, all conditions, warranties, representations and terms (whether expressed or implied by law) are fully excluded. The invalidity, illegality, or unenforceability of the whole or any part of these Rules does not affect or impair the continuation in force of the remainder of the Rules.
7.5 If you opt-in to a Promotion that requires you to deposit funds in order to qualify, any withdrawal of funds from your Stars Account prior to making such deposit will result in you becoming ineligible to receive the benefit of the Promotion. To avoid becoming ineligible without knowing, a pop-up message appears when a withdrawal is requested making you aware that you will forfeit the Prizes/Gifts if you go ahead with your request.
7.6 We reserve the right to withhold Prizes/Gifts if there is reason to suspect that a deposit is fraudulent, or that it has not been made with the intention of using it to play real money games.
7.7 We reserve the right at any time to make minor amendments or alterations to these Rules or Special Terms to correct errors or improve clarity and comprehension for the benefit of our players. Furthermore but in all cases acting reasonably, we may alter these Rules or the Special Terms as well as cancel, modify or suspend any Promotion or withdraw an offer for specific players, if; (a) we reasonably believe that the Promotion is being abused by an individual or group of individuals which undermines the integrity of the Promotion; or (b) required to do so as a result of any legal or regulatory change; or (c) there are other valid reasons that prevent us from continuing the Promotion provided that the reason is sufficiently serious such as a failure of our systems or due to manifest error. Any proposed material changes to these Rules or Special Terms will be either notified to you directly and/or published on our Site. Note that any amendment, alteration or withdrawal of a Promotion will not adversely impact Entrants who have already opted in to that Promotion except in cases which are beyond our control (e.g. for legal and/or regulatory reasons).
If you have any questions about any promotion, please contact Support.
Updated March 2021.