Terms and Conditions
The following are the terms and conditions (“Rules”) of the World Blogger Championship of Online Poker (WBCOOP) 2013 promotion ("Promotion"), which consists of multi-table tournaments ("MTTs"), and tournament leader boards (“TLB”) as organized by the operator ("PokerStars") of the Internet site found at www.pokerstars.com only (the "Site") and of the PokerStars GUI software (the "Client").
All entrants (each an “Entrant”/“you”/”your”) who wish to participate in the Promotion, hereby accept as may be applicable: (i) these Rules (ii) the Terms and Conditions governing the use of Site which can be found at http://www.pokerstars.com/poker/room/tos/ (“Terms and Conditions”) and (iii) the tournament rules governing participation in any tournament on the Site which can be found here – http://www.pokerstars.com/poker/tournaments/rules/ (“Tournament Rules”) and agree to be unconditionally bound by these Rules, the Terms and Conditions and the Tournament Rules.
Details of Promotion
- This Promotion will run from 1st March 2013 – 11th March 2013 (the “Duration”).
- To take part in this Promotion, you are required to write and share with your friends and followers via social media, a 500 (five hundred) word blog post that you have written (“Blog Post”) or short video clip any format, no longer than 60 seconds in length (“Video Blog”), describing in your own words, “What has been your best moment playing on PokerStars?” Collectively, your Blog Post or Video Blog will be referred to herein as your “Entry” and to ‘share’ your Entry with all your friends and followers through your chosen social network, you must visit the following URL http://www.pokerstars.com/blog_tournament/ (“Promotion Page”) and use the ‘share’ app which will be located therein..
- Should you choose to submit a Blog Post as your Entry, we require that you must have had an active online poker blog in operation for a minimum of 1 (one) month prior to your submission and that the blog post must have been updated regularly during this period. We may seek and/or request evidence of this requirement to ensure compliance with these Rules.
- Once you share your Entry as required hereunder and provided we are satisfied that you have complied with all requirements for this Promotion, you will be issued with 10 (ten) tickets to partake in one of the 30 MTTs available as part of this Promotion.
- All Entries must be submitted and shared on or by 9th March 2013 (23:59 hours ET). Any Entry received after this time will not be entered into the Promotion.
- If you win a cash prize from any of the 10 (ten) MTTs you participate in pursuant to Clause 1.4 above, you will be automatically entered into and awarded a ticket to play in the WBCOOP 2013 Main event scheduled to take place on 11th March 2013 (“Main Event”).
- Should you win the Main Event you will be entitled to the top share of the $5,000 cash prize pool (usually between 10-15% depending on number of players) (“Main Event Prize”).
- By playing in any 10 (ten) MTTs that you choose to participate in, note that you will also earn points for the TLB depending on where you finally place in each of your chosen MTTs. All your points will be added up at the end of Duration and prizes will be awarded as described in Clauses 2 below.
- For the purposes of the TLB, the points acquired for each MTT will be listed on the Promotions Page.
Prizes1 Pursuant to Clause 1.8 above, the following main prizes (“Main Prizes”) will be awarded for the highest points achieved on the TLB as part of this Promotion:
- 1st place: Trophy, $5,000 tournament dollars (“T-dollars”) for use [on the Site] , 2013 SCOOP Main Event ticket and PokerStars branded poker chip set;
- 2nd place: US$55 SCOOP 2013Ticket, $1,000 T-dollars and PokerStars branded chip set.
- 3rd place: $500 T-dollars, US$22 SCOOP 2013 Ticket and PokerStars branded chip set.
- This Promotion is only open to players who reside within jurisdictions that permit access to and game play on the Site. Residents of any regulated market other than those which permit access to and game play on the Site are strictly prohibited from taking part in this Promotion.
- All eligible entrants must be 18 years of age or of legal age of majority in their jurisdiction (whichever the greater) to participate in the Promotion. You may be asked at any stage to provide PokerStars or a third party acting on PokerStars’ behalf with proof of age and/or identity. All players must be able to present a valid passport or other valid picture ID to verify their age and/or identity. Any player unable to produce such proof of age will be excluded from the Site and disqualified from the Promotion.
- When participating in any MTT on the Site, you confirm that the name and address which you have registered with your Player Account are correct and up to date. Any updates should be done before participating in any MTT.
- Employees and relatives of employees of PokerStars and any entities affiliated or related to PokerStars are not permitted to participate in the Promotion. For these purposes, the term "relative" shall mean spouse, partner, parent, child or sibling.
Conduct of Entrants
- If PokerStars becomes aware of any fraud, deceit, misconduct, dishonesty or similar action concerning your participation in the Promotion or where there is a breach by you of these Rules, the Terms and Conditions or the Tournament Rules then PokerStars reserves the right to automatically disqualify you or invalidate your entry. If the fraud, deceit, misconduct, dishonesty or other action is only discovered after any prize has been awarded to you, then you shall be required, upon demand, to return the Prize (or provide compensation) to PokerStars forthwith upon notification to do so by PokerStars.
- Throughout the Duration and in relation to your participation in the Promotion, you must behave appropriately, pay due regard and adhere to these Rules which will be enforced by PokerStars and/or its designees. PokerStars reserves the right to take any action it deems necessary against any Entrant found to be in breach of these Rules and/or acting deceitfully or dishonestly with respect to the Promotion and such action may include but shall not be limited to exclusion, suspension or disqualification from the Promotion, the confiscation of any prize or of any rewards that have been allocated and/or that would ordinarily have been awarded to that Entrant. The decision as to what activity or behaviour constitutes a breach of these Rules or the Promotion or what constitutes an act of deceit or dishonesty in relation to any conduct by an Entrant while participating in this Promotion rests solely with PokerStars in its sole discretion.
Health and safety
- You must comply with all health and safety guidelines and/or instructions as may be given by PokerStars or which you should otherwise be aware of concerning your participation in this 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.
- 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 including but not limited any Entry which you intend to submit. Any behaviour, act or conduct by you (or anyone in conjunction with you) or any depiction of any act or conduct by you as part of your submission which PokerStars considers to pose any medical, security or safety risk (including without limitation any abusive, physical, psychological, derogatory or demeaning behaviour) will lead to your immediate disqualification.
- 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.
- You must notify PokerStars of any medical or other condition which may mean that you are unfit to participate in the Promotion (should you so choose to participate) or receive or use any of the Prizes on offer. PokerStars reserves the right to forfeit your place in the Promotion or the Prize that would be given to you (as applicable), without liability or compensation, if, in its sole opinion, you may expose yourself or others to risk of illness or injury or to the cancellation, disruption, or curtailment of the Promotion.
Warranties and indemnities
- With respect to the Entry you submit and share as part of this Promotion, you hereby warrant and undertake that you are the owner of and legitimately hold the entire copyright in and to all content contained in the Entry and are authorized to use and exploit such content without restriction and in the case of the Video Blog that you have acquired all necessary permissions, authorizations and consents to include any person or content appearing in your Video Blog. In addition, you confirm that by submitting your Entry you hereby grant us an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide license to use, publish or transmit, or to authorise third-parties to use, publish or use all contents appearing therein in any format and on any platform, either now known or hereinafter invented without any remuneration to you or any third party in any way.
- YOU WARRANT THAT YOUR ENTRY 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, HARASSING, LIBELOUS, DECEPTIVE, FRAUDULENT, INVASIVE OF ANOTHER'S PRIVACY, OFFENSIVE, DEFAMATORY OF ANY PERSON, OR OTHERWISE CONTAIN OR CONDONE ANYTHING ILLEGAL OR UNLAWFUL. YOU WARRANT THAT THE ENTRY 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 YOUR ENTRY: (I) WHICH IS INTENDED TO UPSET OR HARM OTHERS; (II) THAT VICTIMISES, 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, SUBMITTING ANY MATERIAL TO SOLICIT FUNDS OR TO PROMOTE, ADVERTISE OR SOLICIT THE SALE OF ANY GOODS OR SERVICES.
- You acknowledge that when you send us your Entry you are doing so at your own discretion and risk and that you are solely liable and fully liable for content of the Entry. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any Entry submitted by you in relation to this Promotion.
- Following the submission of your Entry, you acknowledge that we or authorised third parties on our behalf, reserve the right to refuse to publish, take down, cut, crop or edit your Entry 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, copy or reproduce your Entry on our Site or in any media.
- By participating in the 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”), to the fullest extent permitted by applicable law, as a result of your participation in this Promotion and /or any Prize that may be awarded to you as a result thereof and PokerStars fully excludes any liability in relation to any such Claims (other than payment of any costs and expenses specifically provided as part of the Prize (if any) with respect to this Promotion). This limitation does not include any liability on the part of PokerStars to you for: (i) negligence; (ii) death or personal injury arising out of Pokerstars’ negligence or the negligence of its employees; (iii) fraudulent misrepresentation; or; (iv) any liability that cannot be excluded or limited by applicable law.
- 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 POKERSTARS OR ITS AFFILIATES, INCLUDING, WITHOUT LIMITATION, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS, BE LIABLE TOYOU 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 THIS PROMOTIONV(OR INABILITY TO DO THE SAME), EVEN IF POKERSTARS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE PROMOTION.
- PokerStars shall not be liable to you to perform any of its obligations under the Promotion or in respect of the Prize where it is unable to do so as a result of circumstances beyond its reasonable control and whilst PokerStars may endeavour to provide an alternative prize, it shall not be liable to compensate any Entrant where it fails to do so in such circumstances.
- You hereby agree to indemnify PokerStars, 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 PokerStars arising as a result of a breach by you of your obligations under these Rules, the Terms and Conditions or in connection with your failure to follow any instructions given by PokerStars or in relation to any matter concerning your participation in the Promotion.
- By participating in the Promotion, you hereby grant to PokerStars the right to use your name, likeness, voice, image and the Photo in marketing and promotion campaigns in any media whatsoever without compensation and you expressly waive any claims or right to any action against PokerStars pertaining to such use in any way.
- In the case of disputes concerning any aspect of this Promotion including but not limited to all matters relating to the awarding of the Prizes or these Rules, the final decision shall lie with PokerStars, and any decision by PokerStars shall be final and binding upon you and shall not be subject to review or appeal by you or any third party.
- These Rules represent the entire agreement between you and PokerStars relating to the Promotion and supersede all prior representations, agreements, negotiations or understandings (whether oral or in writing) between PokerStars 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.
- PokerStars reserves the right, at any time, to alter these Rules or the Terms and Conditions at its sole discretion, including to cancel, modify or suspend the Promotion if, in its sole discretion, PokerStars believes that the Promotion is not capable of being conducted as specified. Any changes to the Promotion shall be made on the Site and your continued participation in the Promotion shall be deemed an acceptance of any proposed changes, modification or alterations. Possible changes include but are not limited to the payout structure and Prizes and the points table for the TLB.
- These Rules and any matters relating hereto shall be governed by, and construed in accordance with the laws of the Isle of Man. You hereby irrevocably agree that, subject as provided below, the Isle of Man courts shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning this Promotion and any matter arising therefrom and irrevocably waive any right that you may have to object to an action being brought in those courts, or to claim that the action has been brought in an inconvenient forum, or that those courts do not have jurisdiction. Nothing in this clause shall limit the right of PokerStars to take proceedings against you in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.
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