Free T-Shirt & Deck of Cards - Terms and Conditions
The following are the rules (“Rules”) of the “Free T-Shirt & Deck of Cards” promotion (the "Promotion"), as organized by the operator ("PokerStars"/”we”/ “our”/ “us”) of the Internet site found at dev.pokerstars.com and its affiliated sites (the "Site") and of the PokerStars GUI software (the "Client").
Any entrant (“Entrant” /“you”/ “your”) who wishes to participate in the Promotion hereby agrees to: (i) these Rules, (ii) the Terms and Conditions governing the use of Site which can be found at www.pokerstars.com/poker/room/tos/ (“Terms and Conditions”), and (iii) the tournament rules governing participation in any tournament on the Site (“Tournament Rules”) which can be found here – www.pokerstars.com/poker/tournaments/rules/) and agree to be unconditionally bound by all of the same so as to participate in this Promotion.
Details of Promotion
1.1 This Promotion will run from December 2, 2013, to December 31, 2014, (the “Duration”).
1.2 To take part in the Promotion and receive a Gift, you must first have received a personal invitation from PokerStars via either Email or In-Client messaging. Those invited, and who wish to participate, will be required to make a qualifying deposit of $20 or more into their PokerStars account accompanied with a bonus code as per the “Free T-Shirt & Deck of Cards” promotions page via the cashier. The Entrant, after both depositing $20 and entering the required bonus code, will be entered into the promotion where they are guaranteed to receive the following Gifts:
- PokerStars T-Shirt
- PokerStars Single Deck of Cards
2.1 All Entrants must be 18 years of age or of applicable legal age of majority in the jurisdiction he/she resides in (whichever the greater) to participate in the Promotion. You may be asked at any stage to provide PokerStars or its designated third party with proof of your age and/or identity and you must, on demand, be able to present a valid passport or other valid government issued picture ID to verify your age and/or identity to the reasonable satisfaction of PokerStars. Any Entrant who is unable to produce any such document(s) to the reasonable satisfaction of PokerStars will be automatically excluded from the Promotion and may forfeit any privileges, prizes or funds that have been attained by or awarded to that Entrant in relation thereto, without compensation of any kind.
2.2 Each Entrant must be the same person whose name appears on the PokerStars account on the Site (“Player Account”) that registered to take part in the Promotion as the individual who actually participates in the Promotion. By taking part in this Promotion, you hereby confirm to PokerStars that your name and address as registered on your Player Account is correct and up to date. If you are unable to produce valid proof of your name and address to the reasonable satisfaction of PokerStars, you will be excluded or disqualified from the Promotion.
2.3 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 and ‘affiliated’ shall include but not be limited to mean such an employee’s housemate(s).
2.4 This promotion is open only to PokerStars.com players who received a personal invitation from PokerStars. Players in the United States of America will neither be invited nor permitted to participate.
Conduct of Entrants
3.1 You may only have one Player Account with PokerStars and you must use that Player Account so as to take part in the Promotion. Furthermore, you must not permit another person to take part in the Promotion using your Player Account.
3.2 If PokerStars becomes aware of any fraud, deceit, misconduct, dishonesty or similar action concerning your participation in the Promotion or where you breach these Rules, the Terms and Conditions or the Tournament Rules, then PokerStars reserves the absolute 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 same (or provide compensation) to PokerStars forthwith upon notification to do so by PokerStars.
3.3 Throughout the Duration, strict rules regarding the behaviour of all Entrants 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, the Terms and Conditions or the Tournament 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 and/or the Client, 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.
4.1 Each Entrant will receive guaranteed Gifts of a Free T-Shirt and a Single Deck of Cards.
4.2 For the avoidance of doubt, the Gifts are non-transferable and may not be given, assigned, transferred or sold to any other person(s).
4.3 For the avoidance of doubt, the Gifts which may be given away as part of this Promotion (“Gifts”) are non-transferable and may not be given, assigned, transferred, sold to or exchanged with any other person(s).
4.4 For the avoidance of doubt, there is no requirement on any Entrant to wager any of the amount deposited in relation to this promotion. This deposit amount may be freely withdrawn by the Entrant without deduction and without excluding the Entrant from the Promotion.
4.5 There may be additional terms and conditions imposed by the supplier of a Main Prize and/or Gift (“Third Party Rules”) which you must comply with as part of your use or enjoyment of the Main Prize/Gift and PokerStars 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 PokerStars with regards to conditions governing the award and/or use of any element of the Main Prize and/or Gift. Failure to abide by such conditions may result in the forfeiture of the Main Prize/Gift.
4.6 Winners are not entitled nor authorized in any way to commit PokerStars to any contract, expense or cost entered into or incurred without its advance written acceptance of the same.
4.7 No Gifts will be awarded to any Entrant who, for any reason, would not be allowed by applicable law to receive and/or use the Main Prize/Gift or where the supply of the Main Prize/Gift to that Entrant would be unlawful.
4.8 Any Entrant in receipt of Gifts as part of this Promotion bears sole responsibility for all duties, taxes or charges that may be payable any relevant authority in relation to their receipt of the Gift in accordance with applicable laws.
4.9 Should you be entitled to the Gift as part of this Promotion, we will notify you of this without delay and in any case you will receive your Gift no later than 21 (twenty one) days from the conclusion of the Promotion.
4.10 Any Entrant will, at any time, be permitted to request and receive a list of the PokerStars User Names and Rewards received throughout the Duration. Likewise, all Entrants consent to their PokerStars User Name and Reward received being provided in relation to any such request.
Health and Safety
5.1 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.
5.2 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. Any behaviour or act or conduct by you which PokerStars considers to pose any medical, security or safety risk (including without limitation any abusive behaviour, physical or psychological) will lead to your immediate disqualification.
5.3 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 his/her own risk.
5.4 You must notify PokerStars 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. PokerStars reserves the right to forfeit your place in the Promotion or the awarding of a Prize to you (if 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.
Limitations of liability
6.1 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”), 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.
6.2 Save as permitted under clause 7.1 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 PokerStars or its 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 this promotion (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.
6.3 PokerStars shall not be liable to you to perform any of its obligations under the Promotion or in respect of the Gift 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 Gift, it shall not be liable to compensate any Entrant where it fails to do so in such circumstances.
6.4 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 the Tournament Rules 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.
7.1 In case of disputes or disagreements concerning any aspect of this Promotion including but not limited to all matters relating to the awarding of the Gifts, an Entrant’s eligibility to participate in the Promotion, the conduct of any Entrant, these Rules, the Terms and Conditions and/or the Tournament Terms, 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.
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 By participating in the Promotion, you hereby grant to PokerStars the right to use your name, likeness, voice and image 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.
7.4 These Rules, the Terms and Conditions as well as the Tournament 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.
7.5 PokerStars reserves the right, at any time, to alter these Rules, the Terms and Conditions and/or the Tournament Rules at is 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.
7.6 These Rules and any matters relating hereto shall be governed by, and construed in accordance with Malta law. You hereby irrevocably agree that, subject as provided below, the courts of Malta 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.
If you have any questions about the Free T-Shirt & Deck of Cards promotion, contact firstname.lastname@example.org.