- 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, an Entrant’s eligibility to participate in the Promotion, the conduct of any Entrant, these Terms or the Player Terms and Conditions, the final decision shall lie with us 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.
- Should these Terms 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.
- By participating in any of our Promotions, you hereby grant us 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 us pertaining to such use in any way.
- By entering a Promotion, each Entrant consents that their personal information may be transferred to our service providers and agents (including their sub-contractors) to store and use as necessary to administer the Promotion. We will never provide a Participant's personal information to third parties for them to use in their own direct marketing, without the Participant's consent.
- These Terms, the Player Terms and Conditions and any applicable special promotional rules 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 Terms.
- We reserve the right, at any time, to alter these Terms or any special promotional rules at our sole discretion, including to cancel, modify or suspend any Promotion if, in our sole discretion, we believe that the Promotion is not capable of being conducted as specified. Any changes to any Promotion shall be made on the Site and your continued participation in that Promotion shall be deemed an acceptance of any proposed changes, modification or alterations.
- These Rules and any matters relating hereto shall be governed by, and construed in accordance with Isle of Man law. You hereby irrevocably agree that, subject as provided below, the courts of the Isle of Man 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 our right 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 any promotion, please contact us.
Limitations of liability
- By participating in any Promotion you hereby agree to release, discharge and hold harmless our company, its legal representatives, affiliates, subsidiaries, agencies and respective officers, directors, employees and agents of our Group, 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 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 (if any) with respect to this 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.
- Save as permitted 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 this 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.
- We shall not be liable to you to perform any of our obligations under the Promotion or in respect of the prize where it is unable to do so as a result of circumstances beyond our reasonable control and whilst we 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 our company, its legal representatives, affiliates, subsidiaries, agencies and respective officers, directors, employees of our Group 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 Terms and/or the Player Terms and Conditions, or in connection with your failure to follow any instructions given by us or in relation to any matter concerning your participation in a Promotion.
Ownership Rights
- This Clause 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”).
- You hereby warrant and undertake that you are the owner of all material and elements contained in the Content you may submit and that you are authorised to use and exploit the Content as part of this Promotion and have secured all necessary permissions, authorisations 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 authorise 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.
- 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, harass, libel, deceive, fraudulent, invade of another’s privacy, offensive, defamatory of any person, or otherwise contain or condone anything illegal or unlawful. You warrant that any personal video 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 content: (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 Content you are doing so at your own discretion and risk and that you are solely and fully liable for any elements 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 this Promotion.
- Following the submission of your Content, 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 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.