These General Promotional Terms and Conditions (“Terms”) must be carefully read and apply to all offers, prize promotions and competitions (collectively referred to as "Offers") that are advertised on or are made accessible through the website located at http://www.4poker.eu/ ("Site") and/or via the online platform that is offered to you by the Site (“the Client”)

Please note that these Terms constitute a legally binding agreement for your participation in any Offers provided by Uptick Entertainment Malta Limited (referred to herein as "Us", "We" or the “Company”), which owns and operates the Site and the Client. In addition to the hereby described Terms, you also agree to be bound by the Company’s General Terms and Conditions, any tournament rules governing your participation in any tournament on the Site/ in-Client ("Tournament Rules") and any other promotion specific terms and conditions governing individual participation in offers, prize promotions and competitions (“Individual Offers”) as may be made available on-Site/ in-Client from time to time (“Individual Offer Terms”).

1.

Your Obligations

  1. To take part in any Offers you must:
    1. Reside in and play from a jurisdiction within which it is legal for you to register and play on the Site/ in-Client and take part in the Offers, tournaments, and any other Individual Offers;
    2. be at least of 18 (eighteen) years of age or of applicable legal age to partake in gambling related activities within the in the jurisdiction you reside in;
    3. satisfy any eligibility and/or verification criteria as set out by the General Terms and Conditions, these Terms, Individual Offer Terms and any other terms, requirements governing your participation and/ or usage of the Site/ Client;
    4. only possess one 4Poker Player Account; and
    5. follow the instructions and meet the requirements set out in the General Terms and Conditions, these Terms, Individual Offer Terms and any other terms, requirements governing your participation and/ or usage of the Site/ Client.
  2. You hereby warrant that Your participation in the Company’s Offers or any other Individual Offers is carried out by you in your own capacity and in reference to your registered player account activity as registered on the Company’s site (to the extent that an 4Poker Player Account is necessary in accordance with the Offer or Individual Offer Terms). By taking part in an Offer, you hereby confirm to us that your name, address and personal details as registered on and set out in your 4Poker Player 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 Offer or any Individual Offers and may forfeit any privileges, prizes or funds that have been allocated to you.
  3. Employees, family members (parents, spouse, siblings, i.e., brothers, sisters, children) and/or close associates (housemate(s) or co-habitee(s)) of employees of the Company are not permitted to participate in any Offer or any Individual Offer.
  4. Where persons located in a particular jurisdiction are prohibited from taking part in any Offer/ Individual Offer or where an Offer/ Individual Offer only applies to a particular jurisdiction, this will be specified in the Individual Offer Terms
  5. For the avoidance of doubt, where any Offer/ Individual Offer involves a free-to-play route of entry or real money play requirement to participate, and in either case, where a prize of money or money's worth is offered, then residents of the countries in any of such prohibited jurisdictions as specified in the Individual Offer terms, are expressly prohibited from taking part in any such Offers/ Individual Offers.

2.

Conduct of Participation

  1. If you are found to be in breach of these Terms, Company’s General Terms and Conditions, Individual Offer Terms or any other terms, requirements as may be made available via the Site and/or Client from time to time, or the Company discovers or reasonably suspects, has grounds to believe that you have acted deceitfully or dishonestly with respect to the Offer, Individual Offer, We shall be entitled to exclude, suspend or disqualify you from the Offer/ Individual Offer, and, where the Company deems it necessary, appropriate and required to do so, exclude you from any or all future Offers, Individual Offers. The decision as to what activity or behaviour constitutes a breach of these Terms, Company’s General Terms and Conditions, Individual Offer Terms or any other terms, requirements as may be made available via the Site and/or Client from time to time, or what constitutes an act of deceit or dishonesty in relation to any conduct by you while participating in the Offer/ Individual Offer rests solely with the Company and in its sole discretion.
  2. The Company exercises a non-tolerance policy on activity which is designed to take advantage of Offers/ Individual Offers and overall participation in the Site/ Client by seeking to guarantee profit regardless of the outcome, whether that activity is conducted by you acting alone or as part of a group ("Misconduct"). Where the Company has a reason to believe you have carried out Misconduct, We shall be entitled to: reclaim the Offer/ Individual Offer and any prize, winnings or other rewards relating to the Offer/ Individual Offer from your 4Poker Player Account; and close your 4Poker Player Account in accordance with the Company’s General Terms and Conditions.

3.

Awards / Prizes

  1. The duration, as well as the final date for entry into each Offer/ Individual Offer, any limit on the number of entries (per entrant and/or in general) shall be accepted before closing of the Offer/ Individual Offer, and any relevant entry fee, the specific instructions for a valid participation in each Offer/ Individual Offer, a description of each prize ("Prize") or award on offer ("Award") and details on how winner(s) will be selected, will be set out in the Individual Offer Terms that will be displayed for each Offer/ Individual Offer on the Company’s Site/ Client.
  2. For the avoidance of doubt, Prizes, Awards and/or all other items, which may be given away as part of an Offer/ Individual Offer, are non-transferable and non-refundable, and shall not be given, assigned, sold to or exchanged with any other person(s) (including but not limited to registered and non-registered players and/or participants).
  3. In the event whereby the issuance of a Prize/ Award is not possible, is limited in its availability or is unavailable, the Company shall be entitled to provide an alternative for any Prize or Award, which is equivalent in its value (monetary or otherwise) to the initially announced Prize/ Award. You do not have the right to require payment of a cash alternative unless the Company agrees otherwise.
  4. Unless specified otherwise in any Individual Offer Terms, winners of Prizes/Awards will be notified within 30 (thirty) days from winning by way of phone, email or other form of communication, as maybe stipulated for each Offer/ Individual Offer in the Individual Offer terms. It is your responsibility to ensure that the contact details and email address designated in your 4Poker Player Account and/ or those contact details that have been declared upon entry into an Offer/ Individual Offer are valid and correct. The Company will not dispatch a Prize/Award until the winner(s) ultimate benefactor(s) of an Offer/ Individual Offer have been notified of their winnings and the Prize/ Award will be credited either to the winner(s)/ ultimate benefactor(s) 4Poker Player Account or posted to the address assigned to an 4Poker Player Account (as may be applicable).
  5. Unless specified otherwise in any Individual Offer Terms, Prizes/Awards must be claimed within 30 days from when the winner(s)/ ultimate benefactor(s) of an Offer/ Individual Offer are notified of their Prize/Award. Upon expiry of this specified timeframe, the Prize/Award will be made void. Void Prizes/Awards may be redrawn and offered to another participant of an Offer/ Individual Offer or offered as part of a new Offer/ Individual Offer.
  6. Following notification to you that you have won a Prize/ Award, the Prize/Award will be sent or made available to you no later than 30 days following the conclusion of the Promotion, unless otherwise stated in the Individual Offer Terms. Where the Prize/Award is to be credited to your 4Poker Player Account, this will be actioned as soon as practicable and in accordance with the Individual Offer Terms. Note that if an element of a Prize/Gift may relate to an event taking place at a future date, you may not be able to use the Prize/Gift or part of the Prize/Gift until the designated future date.
  7. There may be circumstances where the delivery, receipt and/ or usage of the Award/ Prize fully or in part is carried out by another third party/ supplier. In those circumstances, there may be additional terms and conditions imposed by the supplier of a Prize or Award ("Third Party Terms") in order for you to claim, receive and/or use a particular Prize or Award, and the Company will not be responsible for your failure to comply with any such Third-Party Terms.
  8. Depending on the nature and conditions of an Offer/ Individual Offer You may be required to enter into a separate binding agreement with Us with regards to conditions governing the Prize and/or Award and/or the use of any element of the Prize and/or Award. Failure to abide by such conditions may result in the forfeiture of the relevant Prize/Award.
  9. Winner(s) and the ultimate benefactor(s) of an Offer/ Award are not entitled nor authorized in any way to commit the Company to enter into any contract, agreement, terms and conditions or incur any expense or cost without Our advance written acceptance of the same.
  10. No Prize or Award will be awarded to any participant who:
    1. For any reason, would not be allowed by applicable law to receive and/or use the Prize/Award or where the supply of the Prize/Award to that Entrant would be unlawful or inappropriate; or
    2. has opted out of or self-excluded from playing, participating in or receiving communications about our products or services, where the Prize or Award in question can be won through the use of such products and services
  11. Any participant in receipt of a Prize/Award as part of any Offer/Individual Offer 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/Award or as tax in respect of the receipt of the Prize/Award, in accordance with applicable laws.
  12. If, in accordance with relevant applicable laws governing the Company’s licensed offering of games, We are required to withhold tax from the advertised Prize/Award, the amount you receive may be less than the advertised Prize/Gift.

4.

Limitations of liability

  1. By participating in any Offer/ Individual Offer, you hereby agree to release, discharge and hold harmless the Company, 4Group Inc and its subsidiaries, its legal representatives, affiliates, agencies and respective officers, directors, employees and agent, 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/Award 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/Award (if any) with respect to an Offer/ Individual Offer). This limitation does not include any liability on the part of us to you for Company negligence, personal injury arising out of Our negligence or the negligence of Our employees, fraudulent misrepresentation, or any liability that cannot be excluded or limited by applicable law. For the avoidance of doubt, this clause shall also apply in respect of any Prize and/or Award provided by a third party.
  2. As stipulated under clause 4.1 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 the Company, 4Group Inc and its subsidiaries, affiliates, including, without limitation, their respective officers, directors, employees, successors and assignees, be liable to you or any party (including any third party participating in the Offer/ Individual Offer) for 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 Offer/ Individual Offer (or inability to do the same), even if the Company has been advised of the possibility of such damages or any claim attributable to errors, omissions, or other inaccuracies in the Offer/ Individual Offer.
  3. The Company, 4Group Inc and its subsidiaries shall not be liable to you for any failure to perform any of Our obligations under the Promotion or in respect of the Prize/Award where We are unable to do so as a result of circumstances beyond Our reasonable control and whilst We may endeavour to provide an alternative Prize/award, We shall not be liable to compensate any participant where We fail to do so in such circumstances.
  4. You hereby agree to indemnify and hold harmless the Company, 4Group Inc, its subsidiaries, legal representatives, affiliates, agencies and respective officers, directors, employees from and against any and all costs, losses, damages, expenses, fines from any regulatory authorities and liabilities (including for loss of reputation and goodwill and professional advisors fees and costs) incurred and/or suffered by us arising as a result of a breach by you of or failure to perform or comply with your obligations under these Terms, the Company’s General Terms and Conditions, any tournament rules and/or the Individual Offer Terms or in connection with your failure to follow any instructions given by us or in relation to any matter concerning your participation in an Offer/ Individual Offer.

5.

Other conditions

  1. In case of disputes or disagreements concerning any aspect of an Offer/ Individual Offer including but not limited to any and all matters relating to the granting of the Prize/Awards, you may to make a complaint as specified under section 11 of the Company’s General Terms and Conditions.
  2. Should the Individual Offer Terms state that the use of a judging panel will be required to determine a winner based on subjective analysis or interpretation, the Company shall appoint one independent individual to the judging panel.
  3. The personal information supplied by you when entering or during any Promotion will be processed, stored, and used by us in accordance with the Company’s Privacy Policy. You acknowledge that your username as well as country of origin may be published on a leader board for the purposes of an Offer/ Individual Offer, but We shall not use any personal details in connection with your Winnings/ Awards, unless you specifically consent to Us doing so. Should the Company offer you to take part in any publicity or marketing campaign in relation to your participation in any such Offer/ Individual Offer, We shall seek your written consent for any such use beforehand.
  4. These Terms, the Company’s General Terms and Conditions, the Company’s Privacy Policy, any tournament rules, and any applicable Individual Offer Terms represent the entire agreement between you and us relating to each Offer/ Individual Offer that you participate in and supersedes all prior representations, agreements, negotiations, or understandings (whether oral or in writing) between the Company 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 Terms does not affect or impair the continuation in force of the remainder of the Terms.
  5. We reserve the right to withhold Prizes/Gifts if there is reason to suspect that a deposit (either made in connection with an Offer/ Individual Offer or otherwise) is fraudulent, not in compliance with the Company’s General Terms and Conditions or that it has not been made with the intention of using it to play real money games on our Site/ in-Client.
  6. The Company reserves the right at any point in time to make the required amendments or alterations to these Terms or Individual Offer Terms in order to correct errors or improve the clarity of text and/or comprehension for the benefit of Our players and/or participants. Furthermore, We may alter these Terms or the Individual Offer Terms, as well as cancel, modify or suspend any Offer/ Individual Offer or limit the participation within an Offer/ Individual Offer for specific players and/or participants, if:
    1. the Company has knowledge, suspects, or has a reason to believe that the Offer/ Individual Offer is being abused by an individual or group of individuals which undermines the integrity of the Offer/ Individual Offer; or
    2. the Company is required to do so as a result of any changes in the applicable regulatory requirements; or
    3. there are other valid reasons that prevent the Company from continuing the Offer/ Individual Offer provided that the reason is sufficiently serious such as a technical malfunction/ error. Any substantial and material changes to these Terms or Individual Offer/Terms will be either notified to you directly via the designated contact details within your 4Poker Player Account and/or published on our Site/ in-Client.

      Any amendment, alteration or withdrawal of an Offer will not adversely impact participants who have already opted into a specific Offer/ Individual Offer except in cases which are beyond the Company’s control (e.g. for legal and/or regulatory reasons or Force Majeure situations, circumstances which are unpredictable or beyond Our control).
  7. Should your 4Poker Player Account be flagged due to any responsible gambling, fraud, integrity or anti-money laundering, funding of terrorism related concerns, the Company reserves the right to withdraw your participation in an Offer/ Individual offer, even if you are in the process or have complied with the Individual Offer Terms as a result of your participation.
  8. Some Offers / Individual Offers must be manually activated. Unless stated otherwise in the Individual Offer Terms, players can do this after logging into their 4Poker Player Account and depositing the amount required to access the Offer/ Individual Offer. Such Offers/ Individual Offers can only be activated when real money is available in the 4Poker Player Account. If you play with any of your deposited funds prior to claiming the Offer/ Individual Offer, lost funds cannot be used to activate the Offer/ Individual Offer.
  9. All Offers / Individual Offers have a wagering requirement that needs to be completed within a given time frame before any potential Winnings/ Awards can be withdrawn (“Wagering Requirement”). The Wagering Requirement of an Offer/ Individual Offer means the total amount of bets you must stake before Winnings/ Awards can be claimed/withdrawn. The Wagering Requirement for each Offer/ Individual Offer are set out in the Individual Offer Terms. Failure to meet the required wagering requirements may result in the seizure of all Winnings/ Awards attained throughout the wagering process. Any attempt to withdraw any funds or cash out any placed bets prior to the complete fulfilment of the Wagering Requirement, may result in the Offer/ Individual Offer and any Winnings/ Awards attained being forfeited. System bets do not count towards the wagering requirements. Only bets that have been placed and settled during the Offer/ Individual Offer period will be considered towards the wagering requirements. Any bets that are placed and settled outside this period will not count.
  10. Any evidence or reasonable suspicion that specific bets were placed on any game (i.e. collusion to create “action”) without risk will not qualify for any Wagering Requirement. If you are found to be colluding with other players, the Company reserves the right to have your bets cancelled, your 4Poker Player Account closed and all winnings made by you may be forfeited.
  11. Any Offer / Individual Offer is only available once per person, family, household, address, e-mail address, credit card number, bank account, telephone number, computer/device and / or IP address.
  12. If you cancel your participation in the Offer/ Individual offer during the qualifying offer period as specified in the Individual Offer Terms, You will lose the Offer/ Individual Offer and all Winnings/ Awards generated from the Offer/ Individual Offer. Details on the applicable restrictions can be found in the Individual Offer Terms.
  13. All Offers / Individual are intended for recreational players and/or as tokens of appreciation to Our customers and We therefore reserve the right to restrict eligibility to participate in all or part of any Offer/ Individual Offer.
  14. In the event of any conflict or inconsistency between these Terms and the Individual Offer Terms, the terms and conditions set forth in the Individual Offer Terms shall prevail.
  15. If you have any questions about an Offer/ Individual Offer, please contact Support.

These General Promotional Terms and Conditions (“Terms”) must be carefully read and apply to all offers, prize promotions and competitions (collectively referred to as "Offers") that are advertised on or are made accessible through the website located at http://www.4poker.eu/ ("Site") and/or via the online platform that is offered to you by the Site (“the Client”)

Please note that these Terms constitute a legally binding agreement for your participation in any Offers provided by Uptick Entertainment Malta Limited (referred to herein as "Us", "We" or the “Company”), which owns and operates the Site and the Client. In addition to the hereby described Terms, you also agree to be bound by the Company’s General Terms and Conditions, any tournament rules governing your participation in any tournament on the Site/ in-Client ("Tournament Rules") and any other promotion specific terms and conditions governing individual participation in offers, prize promotions and competitions (“Individual Offers”) as may be made available on-Site/ in-Client from time to time (“Individual Offer Terms”).

1.

Your Obligations

  1. To take part in any Offers you must:
    1. Reside in and play from a jurisdiction within which it is legal for you to register and play on the Site/ in-Client and take part in the Offers, tournaments, and any other Individual Offers;
    2. be at least of 18 (eighteen) years of age or of applicable legal age to partake in gambling related activities within the in the jurisdiction you reside in;
    3. satisfy any eligibility and/or verification criteria as set out by the General Terms and Conditions, these Terms, Individual Offer Terms and any other terms, requirements governing your participation and/ or usage of the Site/ Client;
    4. only possess one 4Poker Player Account; and
    5. follow the instructions and meet the requirements set out in the General Terms and Conditions, these Terms, Individual Offer Terms and any other terms, requirements governing your participation and/ or usage of the Site/ Client.
  2. You hereby warrant that Your participation in the Company’s Offers or any other Individual Offers is carried out by you in your own capacity and in reference to your registered player account activity as registered on the Company’s site (to the extent that an 4Poker Player Account is necessary in accordance with the Offer or Individual Offer Terms). By taking part in an Offer, you hereby confirm to us that your name, address and personal details as registered on and set out in your 4Poker Player 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 Offer or any Individual Offers and may forfeit any privileges, prizes or funds that have been allocated to you.
  3. Employees, family members (parents, spouse, siblings, i.e., brothers, sisters, children) and/or close associates (housemate(s) or co-habitee(s)) of employees of the Company are not permitted to participate in any Offer or any Individual Offer.
  4. Where persons located in a particular jurisdiction are prohibited from taking part in any Offer/ Individual Offer or where an Offer/ Individual Offer only applies to a particular jurisdiction, this will be specified in the Individual Offer Terms
  5. For the avoidance of doubt, where any Offer/ Individual Offer involves a free-to-play route of entry or real money play requirement to participate, and in either case, where a prize of money or money's worth is offered, then residents of the countries in any of such prohibited jurisdictions as specified in the Individual Offer terms, are expressly prohibited from taking part in any such Offers/ Individual Offers.

2.

Conduct of Participation

  1. If you are found to be in breach of these Terms, Company’s General Terms and Conditions, Individual Offer Terms or any other terms, requirements as may be made available via the Site and/or Client from time to time, or the Company discovers or reasonably suspects, has grounds to believe that you have acted deceitfully or dishonestly with respect to the Offer, Individual Offer, We shall be entitled to exclude, suspend or disqualify you from the Offer/ Individual Offer, and, where the Company deems it necessary, appropriate and required to do so, exclude you from any or all future Offers, Individual Offers. The decision as to what activity or behaviour constitutes a breach of these Terms, Company’s General Terms and Conditions, Individual Offer Terms or any other terms, requirements as may be made available via the Site and/or Client from time to time, or what constitutes an act of deceit or dishonesty in relation to any conduct by you while participating in the Offer/ Individual Offer rests solely with the Company and in its sole discretion.
  2. The Company exercises a non-tolerance policy on activity which is designed to take advantage of Offers/ Individual Offers and overall participation in the Site/ Client by seeking to guarantee profit regardless of the outcome, whether that activity is conducted by you acting alone or as part of a group ("Misconduct"). Where the Company has a reason to believe you have carried out Misconduct, We shall be entitled to: reclaim the Offer/ Individual Offer and any prize, winnings or other rewards relating to the Offer/ Individual Offer from your 4Poker Player Account; and close your 4Poker Player Account in accordance with the Company’s General Terms and Conditions.

3.

Awards / Prizes

  1. The duration, as well as the final date for entry into each Offer/ Individual Offer, any limit on the number of entries (per entrant and/or in general) shall be accepted before closing of the Offer/ Individual Offer, and any relevant entry fee, the specific instructions for a valid participation in each Offer/ Individual Offer, a description of each prize ("Prize") or award on offer ("Award") and details on how winner(s) will be selected, will be set out in the Individual Offer Terms that will be displayed for each Offer/ Individual Offer on the Company’s Site/ Client.
  2. For the avoidance of doubt, Prizes, Awards and/or all other items, which may be given away as part of an Offer/ Individual Offer, are non-transferable and non-refundable, and shall not be given, assigned, sold to or exchanged with any other person(s) (including but not limited to registered and non-registered players and/or participants).
  3. In the event whereby the issuance of a Prize/ Award is not possible, is limited in its availability or is unavailable, the Company shall be entitled to provide an alternative for any Prize or Award, which is equivalent in its value (monetary or otherwise) to the initially announced Prize/ Award. You do not have the right to require payment of a cash alternative unless the Company agrees otherwise.
  4. Unless specified otherwise in any Individual Offer Terms, winners of Prizes/Awards will be notified within 30 (thirty) days from winning by way of phone, email or other form of communication, as maybe stipulated for each Offer/ Individual Offer in the Individual Offer terms. It is your responsibility to ensure that the contact details and email address designated in your 4Poker Player Account and/ or those contact details that have been declared upon entry into an Offer/ Individual Offer are valid and correct. The Company will not dispatch a Prize/Award until the winner(s) ultimate benefactor(s) of an Offer/ Individual Offer have been notified of their winnings and the Prize/ Award will be credited either to the winner(s)/ ultimate benefactor(s) 4Poker Player Account or posted to the address assigned to an 4Poker Player Account (as may be applicable).
  5. Unless specified otherwise in any Individual Offer Terms, Prizes/Awards must be claimed within 30 days from when the winner(s)/ ultimate benefactor(s) of an Offer/ Individual Offer are notified of their Prize/Award. Upon expiry of this specified timeframe, the Prize/Award will be made void. Void Prizes/Awards may be redrawn and offered to another participant of an Offer/ Individual Offer or offered as part of a new Offer/ Individual Offer.
  6. Following notification to you that you have won a Prize/ Award, the Prize/Award will be sent or made available to you no later than 30 days following the conclusion of the Promotion, unless otherwise stated in the Individual Offer Terms. Where the Prize/Award is to be credited to your 4Poker Player Account, this will be actioned as soon as practicable and in accordance with the Individual Offer Terms. Note that if an element of a Prize/Gift may relate to an event taking place at a future date, you may not be able to use the Prize/Gift or part of the Prize/Gift until the designated future date.
  7. There may be circumstances where the delivery, receipt and/ or usage of the Award/ Prize fully or in part is carried out by another third party/ supplier. In those circumstances, there may be additional terms and conditions imposed by the supplier of a Prize or Award ("Third Party Terms") in order for you to claim, receive and/or use a particular Prize or Award, and the Company will not be responsible for your failure to comply with any such Third-Party Terms.
  8. Depending on the nature and conditions of an Offer/ Individual Offer You may be required to enter into a separate binding agreement with Us with regards to conditions governing the Prize and/or Award and/or the use of any element of the Prize and/or Award. Failure to abide by such conditions may result in the forfeiture of the relevant Prize/Award.
  9. Winner(s) and the ultimate benefactor(s) of an Offer/ Award are not entitled nor authorized in any way to commit the Company to enter into any contract, agreement, terms and conditions or incur any expense or cost without Our advance written acceptance of the same.
  10. No Prize or Award will be awarded to any participant who:
    1. For any reason, would not be allowed by applicable law to receive and/or use the Prize/Award or where the supply of the Prize/Award to that Entrant would be unlawful or inappropriate; or
    2. has opted out of or self-excluded from playing, participating in or receiving communications about our products or services, where the Prize or Award in question can be won through the use of such products and services
  11. Any participant in receipt of a Prize/Award as part of any Offer/Individual Offer 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/Award or as tax in respect of the receipt of the Prize/Award, in accordance with applicable laws.
  12. If, in accordance with relevant applicable laws governing the Company’s licensed offering of games, We are required to withhold tax from the advertised Prize/Award, the amount you receive may be less than the advertised Prize/Gift.

4.

Limitations of liability

  1. By participating in any Offer/ Individual Offer, you hereby agree to release, discharge and hold harmless the Company, 4Group Inc and its subsidiaries, its legal representatives, affiliates, agencies and respective officers, directors, employees and agent, 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/Award 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/Award (if any) with respect to an Offer/ Individual Offer). This limitation does not include any liability on the part of us to you for Company negligence, personal injury arising out of Our negligence or the negligence of Our employees, fraudulent misrepresentation, or any liability that cannot be excluded or limited by applicable law. For the avoidance of doubt, this clause shall also apply in respect of any Prize and/or Award provided by a third party.
  2. As stipulated under clause 4.1 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 the Company, 4Group Inc and its subsidiaries, affiliates, including, without limitation, their respective officers, directors, employees, successors and assignees, be liable to you or any party (including any third party participating in the Offer/ Individual Offer) for 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 Offer/ Individual Offer (or inability to do the same), even if the Company has been advised of the possibility of such damages or any claim attributable to errors, omissions, or other inaccuracies in the Offer/ Individual Offer.
  3. The Company, 4Group Inc and its subsidiaries shall not be liable to you for any failure to perform any of Our obligations under the Promotion or in respect of the Prize/Award where We are unable to do so as a result of circumstances beyond Our reasonable control and whilst We may endeavour to provide an alternative Prize/award, We shall not be liable to compensate any participant where We fail to do so in such circumstances.
  4. You hereby agree to indemnify and hold harmless the Company, 4Group Inc, its subsidiaries, legal representatives, affiliates, agencies and respective officers, directors, employees from and against any and all costs, losses, damages, expenses, fines from any regulatory authorities and liabilities (including for loss of reputation and goodwill and professional advisors fees and costs) incurred and/or suffered by us arising as a result of a breach by you of or failure to perform or comply with your obligations under these Terms, the Company’s General Terms and Conditions, any tournament rules and/or the Individual Offer Terms or in connection with your failure to follow any instructions given by us or in relation to any matter concerning your participation in an Offer/ Individual Offer.

5.

Other conditions

  1. In case of disputes or disagreements concerning any aspect of an Offer/ Individual Offer including but not limited to any and all matters relating to the granting of the Prize/Awards, you may to make a complaint as specified under section 11 of the Company’s General Terms and Conditions.
  2. Should the Individual Offer Terms state that the use of a judging panel will be required to determine a winner based on subjective analysis or interpretation, the Company shall appoint one independent individual to the judging panel.
  3. The personal information supplied by you when entering or during any Promotion will be processed, stored, and used by us in accordance with the Company’s Privacy Policy. You acknowledge that your username as well as country of origin may be published on a leader board for the purposes of an Offer/ Individual Offer, but We shall not use any personal details in connection with your Winnings/ Awards, unless you specifically consent to Us doing so. Should the Company offer you to take part in any publicity or marketing campaign in relation to your participation in any such Offer/ Individual Offer, We shall seek your written consent for any such use beforehand.
  4. These Terms, the Company’s General Terms and Conditions, the Company’s Privacy Policy, any tournament rules, and any applicable Individual Offer Terms represent the entire agreement between you and us relating to each Offer/ Individual Offer that you participate in and supersedes all prior representations, agreements, negotiations, or understandings (whether oral or in writing) between the Company 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 Terms does not affect or impair the continuation in force of the remainder of the Terms.
  5. We reserve the right to withhold Prizes/Gifts if there is reason to suspect that a deposit (either made in connection with an Offer/ Individual Offer or otherwise) is fraudulent, not in compliance with the Company’s General Terms and Conditions or that it has not been made with the intention of using it to play real money games on our Site/ in-Client.
  6. The Company reserves the right at any point in time to make the required amendments or alterations to these Terms or Individual Offer Terms in order to correct errors or improve the clarity of text and/or comprehension for the benefit of Our players and/or participants. Furthermore, We may alter these Terms or the Individual Offer Terms, as well as cancel, modify or suspend any Offer/ Individual Offer or limit the participation within an Offer/ Individual Offer for specific players and/or participants, if:
    1. the Company has knowledge, suspects, or has a reason to believe that the Offer/ Individual Offer is being abused by an individual or group of individuals which undermines the integrity of the Offer/ Individual Offer; or
    2. the Company is required to do so as a result of any changes in the applicable regulatory requirements; or
    3. there are other valid reasons that prevent the Company from continuing the Offer/ Individual Offer provided that the reason is sufficiently serious such as a technical malfunction/ error. Any substantial and material changes to these Terms or Individual Offer/Terms will be either notified to you directly via the designated contact details within your 4Poker Player Account and/or published on our Site/ in-Client.

      Any amendment, alteration or withdrawal of an Offer will not adversely impact participants who have already opted into a specific Offer/ Individual Offer except in cases which are beyond the Company’s control (e.g. for legal and/or regulatory reasons or Force Majeure situations, circumstances which are unpredictable or beyond Our control).
  7. Should your 4Poker Player Account be flagged due to any responsible gambling, fraud, integrity or anti-money laundering, funding of terrorism related concerns, the Company reserves the right to withdraw your participation in an Offer/ Individual offer, even if you are in the process or have complied with the Individual Offer Terms as a result of your participation.
  8. Some Offers / Individual Offers must be manually activated. Unless stated otherwise in the Individual Offer Terms, players can do this after logging into their 4Poker Player Account and depositing the amount required to access the Offer/ Individual Offer. Such Offers/ Individual Offers can only be activated when real money is available in the 4Poker Player Account. If you play with any of your deposited funds prior to claiming the Offer/ Individual Offer, lost funds cannot be used to activate the Offer/ Individual Offer.
  9. All Offers / Individual Offers have a wagering requirement that needs to be completed within a given time frame before any potential Winnings/ Awards can be withdrawn (“Wagering Requirement”). The Wagering Requirement of an Offer/ Individual Offer means the total amount of bets you must stake before Winnings/ Awards can be claimed/withdrawn. The Wagering Requirement for each Offer/ Individual Offer are set out in the Individual Offer Terms. Failure to meet the required wagering requirements may result in the seizure of all Winnings/ Awards attained throughout the wagering process. Any attempt to withdraw any funds or cash out any placed bets prior to the complete fulfilment of the Wagering Requirement, may result in the Offer/ Individual Offer and any Winnings/ Awards attained being forfeited. System bets do not count towards the wagering requirements. Only bets that have been placed and settled during the Offer/ Individual Offer period will be considered towards the wagering requirements. Any bets that are placed and settled outside this period will not count.
  10. Any evidence or reasonable suspicion that specific bets were placed on any game (i.e. collusion to create “action”) without risk will not qualify for any Wagering Requirement. If you are found to be colluding with other players, the Company reserves the right to have your bets cancelled, your 4Poker Player Account closed and all winnings made by you may be forfeited.
  11. Any Offer / Individual Offer is only available once per person, family, household, address, e-mail address, credit card number, bank account, telephone number, computer/device and / or IP address.
  12. If you cancel your participation in the Offer/ Individual offer during the qualifying offer period as specified in the Individual Offer Terms, You will lose the Offer/ Individual Offer and all Winnings/ Awards generated from the Offer/ Individual Offer. Details on the applicable restrictions can be found in the Individual Offer Terms.
  13. All Offers / Individual are intended for recreational players and/or as tokens of appreciation to Our customers and We therefore reserve the right to restrict eligibility to participate in all or part of any Offer/ Individual Offer.
  14. In the event of any conflict or inconsistency between these Terms and the Individual Offer Terms, the terms and conditions set forth in the Individual Offer Terms shall prevail.
  15. If you have any questions about an Offer/ Individual Offer, please contact Support.