Tournamentskills
Terms of Service

Restrictions

    1. You declare and warrant that:
      1. you are over 19 years of age, or such higher minimum legal age of majority as stipulated in the jurisdiction of your residence and are, under the laws applicable to you, legally allowed to participate in the Games offered on the Platform.
      2. you participate in the Games strictly in your personal capacity for recreational and entertainment purposes only.
      3. you participate in the Games on your own behalf and not on the behalf of any other person.
      4. all information that you provide to us during the term of validity of these Terms of Service is true, complete, and correct, and you will immediately notify us of any change to such information.
      5. money that you use to purchase Gift certificates is not tainted with any illegality and does not originate from any illegal activity or source, or from ill-gotten means.
      6. you will not purchase gift certificates from a business or corporate account, but only an account held in your name.
      7. you will not be involved in any fraudulent, collusive, fixing, or other unlawful activity in relation to your or third parties' participation in any of the Games and you will not use any software-assisted methods or techniques (including but not limited to bots designed to play automatically) or hardware devices for your participation in any of the Games. We reserve the right to invalidate any participation in the event of such behavior.
      8. in relation to the purchase of gift certificates, you must only use a valid payment method (or credit card, where applicable) which lawfully belongs to you; and
      9. you will not sell or trade for value, or seek to sell or trade for value, or accept as a sale or trade for value, any Gift certificates or complimentary skill points from the platform.
    2. It is a Player's responsibility to ensure that their Participation is lawful in their jurisdiction. Any person who is knowingly in breach, including any attempt to circumvent this restriction, for example, by using a VPN, proxy or similar service that masks or manipulates the identification of your real location, or by otherwise providing false or misleading information regarding your location or place of residence, or by Participating through a Third-Party or on behalf of a Third-Party located in a jurisdiction where it is unlawful to Participate, is in breach of these Terms of Service, You may be committing fraud and may be subject to criminal prosecution.

Eligible Players

    1. Employees of Big Creek Gaming, any of their respective affiliates, subsidiaries, holding companies, advertising agencies, or any other company or individual involved with the design, production, execution or distribution of the Games and their immediate family (spouse, parents, siblings and children, whether the relationship is by birth, marriage or adoption) and household members (people who share the same residence at least 3 months of the year) are not eligible to Participate.

Acceptance

1. By accepting these Terms of Service, you agree that your Participation is at your sole option, discretion, and risk. You will have no claims whatsoever against Big Creek Gaming or any of its partners, or respective directors, officers, or employees in relation to any losses you incur.

1. LICENCE

1.   Subject to your agreement and continuing compliance with these Terms of Service, Big Creek Gaming grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited license to access and use the Platform, including Gift certificates and Complimentary skill points, through a supported Web browser or mobile device, solely for your personal, private entertainment and no other reason.

2.   These Terms of Service do not grant you any right, title or interest in the Platform or Content.

3.   You acknowledge and agree that your license to use the Platform is limited by these Terms of Service and if you do not agree to, or act in contravention of, these Terms of Service, your license to use the Platform (including the Games and Content) may be immediately terminated.

Where the Platform or any Game is deemed to be illegal under the laws of the jurisdiction in which you reside or are situated, you will not be granted any license to, and must refrain from accessing, the Platform or relevant Game.

2. YOUR CUSTOMER ACCOUNT

Sign Up

    1. You will be required to provide standard demographic information including but notwithstanding Name, address, phone number, and a copy of your driver's license.
    2. As part of the sign-up process, you will be required through SMS and/or email to enter a code to complete the registration of the account.  If SMS is further refused by you, then pertinent information necessary to purchase using Credit Cards will not be provided.

Single Account

    1. You are allowed to have only one Customer Account, including any Inactive Account, on the Platform. If you attempt to open more than one Customer Account, all accounts you have opened or try to open may be cancelled or suspended.
    2. You must notify us immediately if you notice that you have more than one registered Customer Account, whether active or not, on any one Platform. Do not create a new customer account if you wish to change your email, address, or surname.

Accuracy

    1. You are required to always keep your registration details up to date. If you change your address, email, phone number or any other contact details or personal information contact Customer Support. The name that you provide to us at registration must be identical to that listed on your government issued identification.

Security and Responsibility of Your Customer Account

    1. As part of the registration process, you will have to choose a password to login onto the Platform.
    2. It is your sole and exclusive responsibility to ensure that your Customer Account login details and any payment methods are kept secure and are only accessible by you. You accept full responsibility for any unauthorized use of your Customer Account and any activity linked to your Customer Account, including by a minor (which in all events is prohibited).
    3. You must not share your Customer Account or password with another person, let anyone else access or use your Customer Account or do any other thing that may jeopardize the security of your Customer Account.
    4. If you become aware of, or reasonably suspect that security in your Customer Account has been compromised, including loss, theft or unauthorized disclosure of your password and Customer Account details, you must notify us immediately.
    5. You are solely responsible for maintaining the confidentiality of your password and you will be held responsible for all uses of your Customer Account, including any purchases made under the Customer Account, whether those purchases were authorized by you or not.
    6. You are solely responsible for anything that happens through your Customer Account, whether you undertook those actions. You acknowledge that your Customer Account may be terminated if someone else uses it and engages in any activity that breaches these Terms of Service or is otherwise illegal.
    7. We are not responsible for any abuse or misuse of your Customer Account by third parties due to your disclosure of your login details to any Third-Party, whether such disclosure is intentional or accidental, active, or passive.

Account Transfers

    1. You are not allowed to transfer Gift certificates or Complimentary skill points between Customer Accounts, or from your Customer Account to other players, or to receive Gift certificates or Complimentary skill points from other Customer Accounts into your Customer Account, or to transfer, sell and/or acquire Customer Accounts.

Inactive Customer Accounts

    1. We reserve the right to deactivate your Customer Account if it is deemed to be an Inactive Account.
    2. If no transaction has been recorded on your Customer Account for 12 consecutive months, your account may be suspended, and the balances brought to zero.

Closing of Customer Accounts

    1. If you wish to close your Customer Account, you may do so at any time by selecting the "Contact Us" link on the Platform and submitting a request to close your Customer Account. Closing your Customer Account will forfeit all continued access to and right to use, enjoy or benefit from any Gift certificates, Complimentary skill points and unredeemed Prizes associated with your Customer Account.
    2. If the reason behind the closure of your Customer Account is related to concerns about possible responsible gaming issues you must indicate this in your request to close your Customer Account.
    3. You will be able to open your Customer Account again by sending a request to the Customer Support team. All requests for the re-opening of an account will be evaluated by our Customer Support and Compliance teams, who abide by strict customer protection guidelines.

Discretion to Refuse or Close Accounts

1.   We reserve the right to refuse or close a Customer Account in our sole discretion.

 

3. Taxation

Each year all winners who have won $600 or more over the previous year must provide updated address and social security details to Big Creek Gaming. These details will be used to allow Big Creek Gaming to comply with tax regulations and may be shared with appropriate tax authorities. You, not Big Creek Gaming, are responsible for filing and paying applicable state and federal taxes on any winnings. Big Creek Gaming does not provide tax advice, nor should any statements in this agreement or on the service be construed as tax advice.

 

 

4. Publicity

By entering a contest, you consent to Big Creek Gaming and its service providers' and business partners' use of your name, voice, likeness, location and photograph in connection with the development, production, distribution and/or exploitation (including marketing and promotion) of the selected contest and/or other Big Creek Gaming contests and Big Creek Gaming generally, unless otherwise prohibited by law. Big Creek Gaming and its business partners reserve the right to make public statements about the entrants and winner(s), on-air, on the Internet, or otherwise, prior to, during, or following the contest. Entrants agree that Big Creek Gaming may announce any winner's name on-air or on any of its websites or any other location at any time in connection with the marketing and promotion of Big Creek Gaming or other contests or games operated by Big Creek Gaming. You agree that participation in and (where applicable) the winning of a prize in connection with a contest constitute complete compensation for your obligations under this paragraph, and you agree not to seek to charge a fee or impose other conditions on the fulfillment of these obligations. The rules specific to certain contests may contain additional publicity obligations or may require a written signature on a separate publicity waiver.

Rules

    1. Games offered on the Platform may have their own rules which are available on the Platform. It is your responsibility to read the rules of a Game before playing. You must familiarize yourself with the applicable terms of play and read the relevant rules before playing any Game.
    2. All foreign exchange transaction fees, charges or related costs that may be incurred as a result of, or in relation to, your purchase of Gift certificates are to be borne solely by you, including but not limited to any losses or additional costs arising from foreign exchange fluctuations.

Gift Certificate Purchases

    1. If you use a credit/debit card, online wallet and/or a financial/bank account to purchase Gift certificates, the account/cardholder's name MUST be the same as the name you used when registering your Customer Account. If it comes to our attention that the name you registered on your Customer Account and the name that appears on your credit/debit card, online wallet and/or financial/bank account differ in any way, your Customer Account will be immediately suspended. Should your Customer Account be suspended, we recommend that you contact Customer Support details regarding our verification process.
    2. We reserve the right to request documents and information to verify the ownership of the credit/debit card, online wallet and/or a financial/bank account from which you make purchases.
    3. You agree that we and/or our Payment Administration Agents and payments facilitators may store your payment information (e.g. card number) to process your future purchases. By accepting these Terms of Service, you authorize BIG CREEK GAMING and/or our Payment Administration Agents and payments facilitators to store your payment credentials in compliance with applicable payment processing regulations.
    4. BIG CREEK GAMING begins processing a payment for the purchase of Gift certificates when you click on the "MAKE PAYMENT" button.
    5. All transactions between you and BIG CREEK GAMING (where BIG CREEK GAMING is our Payment Administration Agent) occur within the United States.

Complimentary Skill Points Balance

1.   You may participate in any Game only if you have sufficient Gift certificates or Complimentary skill points (as applicable) in your Customer Account for such Participation. We will not extend you any credit whatsoever for the purchase of Gift certificates or otherwise.

2.   From time to time, we may assign minimum or maximum purchase as specified and offered on the Platform.

3.   Once a purchase has been made, the funds will be drawn from your financial/bank account, online wallet or credit/debit card as soon as practicable.

4.   The purchase of Gift certificates is the purchase of a license that allows you to Participate in Games and is not the deposit of funds which can be withdrawn. Funds used to purchase Gift certificates will not, and cannot, be refunded to you. Gift certificates do not have any real money value.

5.   Gift certificates or Complimentary skill points that have been submitted for play and accepted cannot be changed, withdrawn, or cancelled and the Gift certificates or Complimentary skill points (whichever applicable) will be drawn from your Complimentary skill points balance instantly.

6.   If you are found to have one or more of your purchases returned and/or reversed or charged back, your account will be suspended. If this occurs, the amount of such purchases will constitute a debt owed by you to us and you must immediately remit payment for such purchases through an alternative payment method. Until payment is received by us or our Payment Administration Agent, any purchases and winnings will be deemed void and requests to redeem Complimentary skill points for Prizes will not be allowed.

 

Void Games

We reserve the right to declare Participation in a Game void, partially or in full, if, in our sole discretion, we deem it obvious that there was an error, mistake, misprint or technical error on the pay-table, win-table, minimum or maximum stakes, odds or software.

Final Decision

In the event of a discrepancy between the result showing on a user's device and the Big Creek Gaming server software, the result showing on the Big Creek Gaming server software will be the official and governing result.

5. PROMOTIONS

2.   All promotions, including Games, contests, special offers and bonuses are subject to these Terms of Service.

3.   In the event and to the extent of any conflict between these Terms of Service and any promotion-specific Terms of Service, the promotion-specific Terms of Service will prevail.

4.   Big Creek Gaming reserves the right to withdraw or modify such promotions without prior notice to you.

5.   If, in the reasonable opinion of Big Creek Gaming, we form the view that a Registered Customer is abusing any promotion, to derive any advantage or gain for themselves or other Registered Customers, including by way of Fraudulent Conduct, we may, at our sole discretion, withhold, deny, or cancel any advantage, bonus or Prize as we see fit.

6.   You confirm that you grant Big Creek Gaming an irrevocable, perpetual, worldwide, non-exclusive, royalty-free license to use in whatever way we see fit, and without further acknowledgement of you as the author, any Content you post or publish as part of a promotion, contest, or competition.

Verification Checks

    1. You agree that we are entitled to conduct any identification, credit, and other verification checks that we may reasonably require and/or that are required of us under applicable laws and regulations or by relevant regulatory authorities.
    2. Until all required verification checks are completed to our satisfaction:
      1. any request you have made for redemption of Prizes will remain pending; and

2.     we are entitled to restrict your Customer Account in any manner that we may reasonably deem

Payment Administration Agent

1.   You acknowledge and agree that we may, in our sole discretion, from time to time, appoint one or more Payment Administration Agents to accept or make payments (including merchant facilities) from or to Players on our behalf.

2.   A Payment Administration Agent will have the same rights, powers, and privileges that we have under these Terms of Service and will be entitled to exercise or enforce their rights, powers and privileges as our agent or in their own name. In no event will we be liable to any Player for any loss, damage or liability resulting from the Payment Administration Agent's negligence and/or acts beyond the authority given by Big Creek Gaming.

3.   All transactions between you and BIG CREEK GAMING (if applicable) occur within the United States.

Expiry and Forfeiture

    1. Complimentary skill points may be forfeited if a Customer Account is deactivated for any reason, or at our discretion.

Updating Payment Details

We cannot update or add additional payment details on your behalf.

Mistaken Credits

If we mistakenly credit your Customer Account from time to time with Prizes that do not belong to you, whether due to a technical error, human error or otherwise, the amount credited will remain Big Creek Gaming property and will be deducted from your Customer Account. If you have been transferred cash or that does not belong to you prior to us becoming aware of the error, the mistakenly paid amount will (without prejudice to other remedies and actions that may be available at law) constitute a debt owed by you to us. In the event of an incorrect crediting, you are obliged to notify Customer Support by using the "Contact" link on the Platform without delay.

6. RESPONSIBLE SOCIAL GAMING

Policy

1.   Big Creek Gaming actively supports responsible gaming and encourages its Players to make use of a variety of responsible gaming features to better manage their Customer Account.

2.    

3.   Big Creek Gaming is committed to providing excellent customer service. As part of that pledge, Big Creek Gaming is committed to supporting responsible gaming. Although Big Creek Gaming will use all reasonable endeavors to enforce its responsible gaming policies, Big Creek Gaming does not accept any responsibility or liability if you nevertheless continue gaming and/or seek to use the Platform with the intention of deliberately avoiding the relevant measures in place and/or Big Creek Gaming is unable to enforce its measures/policies for reasons outside of Big Creek Gaming's reasonable control.

Take a Break (Time-Out) and Self-Exclusion

You may, at any time, request a time-out or self-exclusion from our Games. You may also set a limit on your purchases of Gift certificates, or the amount of Complimentary skill points you play. 

Player Protection Policy

We want to ensure that you enjoy your experience playing our Games in a safe and responsible manner. 

 

7. FRAUDULENT CONDUCT

You will not, directly or indirectly:

1.   hack into any part of the Games or Platform through password mining, phishing, or any other means;

2.   attempt to modify, reverse engineer, or reverse-assemble any part of the Games or Platform;

3.   knowingly introduce viruses, Trojans, worms, logic bombs, spyware, malware, or other similar material.

4.   circumvent the structure, presentation or navigational function of any Game so as to obtain information that Big Creek Gaming has chosen not to make publicly available on the Platform.

5.   engage in any form of cheating or collusion.

6.   use the Platform and the systems of Big Creek Gaming to facilitate any type of illegal money transfer (including money laundering proceeds of crime); or

7.   participate in or take advantage of, or encourage others to participate in or take advantage of schemes, organizations, agreements, or groups designed to share:

1.   special offers or packages emailed to a specific set of players and redeemable by URL; or

2.   identification documents (including, but not limited to, photographs, bills and lease documents) for the purpose of misleading Big Creek Gaming as to a Player's identity.

2.   You must not use the Platform for any unlawful or fraudulent activity or prohibited transaction (including Fraudulent Conduct) under the laws of any jurisdiction that applies to you. We monitor all transactions in order to prevent money laundering.

3.   If Big Creek Gaming suspects that you may be engaging in, or have engaged in fraudulent, unlawful or improper activity, including money laundering activities or any conduct which violates these Terms of Service, your access to the Platform will be deactivated immediately and your Customer Account may be suspended. If your Customer Account is deactivated or suspended under such circumstances, Big Creek Gaming is under no obligation to reverse purchases you have made or to redeem any Complimentary skill points or Prizes that may be in your Customer Account. In addition, Big Creek Gaming may pass any necessary information on to the relevant authorities, other online service providers, banks, credit card companies, electronic payment providers or other financial institutions. You will cooperate fully with any Big Creek Gaming investigation into such activity.

4.   If you suspect any unlawful or fraudulent activity or prohibited transaction by another Player, please contact us immediately through Customer Support.

8.  INTELLECTUAL PROPERTY

5.   The computer software, the computer graphics, the Platform and the user interface that we make available to you is owned by, or licensed to, Big Creek Gaming or its associates and protected by copyright laws. You may only use the software for your own personal, recreational uses in accordance with all rules, Terms of Service we have established (including these Terms of Service) and in accordance with all applicable laws, rules and regulations.

6.   You acknowledge that Big Creek Gaming is the proprietor or authorized licensee of all intellectual property in relation to any Content.

7.   Your use of the Games and Platform does not provide you with any intellectual property rights in the Content, Games or Platform.

8.   You grant us and represent and warrant that you have the right to grant us, an irrevocable, perpetual, worldwide, non-exclusive, royalty-free license to use in whatever way we see fit, any information, images, videos, comments, messages, music, or profiles you publish or upload to any website or social media page controlled and operated by Big Creek Gaming.

9.   You must not reproduce or modify the Content in any way, including by removing any copyright or trademark notice.

10.  All trademarks and logos displayed in the Games and Platform are the property of their respective owners and are protected by applicable trademark and copyright laws.

9. THIRD-PARTY WEBSITES AND LINKS

Third-Party Websites

    1. You acknowledge and agree that Big Creek Gaming:
      1. is not responsible for Third-Party Websites; and
      2. makes no guarantee as to the content, functionality, or accuracy of any Third-Party Website.
    2. You further acknowledge that some Third-Party Websites may be fraudulent in nature, offering Gift certificates or Complimentary skill points which the operators of those websites are not authorized to provide, to induce you to reveal personal information (including passwords, account information and credit card details). You agree that Big Creek Gaming is not responsible for any actions you take at the request or direction of these, or any other Third-Party Websites.
    3. Third-Party Websites are subject to the Terms of Service outlined by that Third-Party.

Links

    1. Any links to Third-Party Websites do not:
      1. indicate a relationship between Big Creek Gaming and the Third-Party; or
      2. indicate any endorsement or sponsorship by Big Creek Gaming of the Third-Party Website, or the goods or services it provides, unless specifically indicated by Big Creek Gaming.
    2. Where a website controlled and operated by Big Creek Gaming contains links to various social networking sites, such as Facebook® and Twitter®, you acknowledge and agree that:
      1. any comments or content that you post on such social networking sites are subject to the Terms of Service of that particular social networking site;
      2. you will not post any comments that are false, misleading, deceptive, or defamatory to us, our employees, agents, officers or other players; and
      3. we are not responsible or liable for any comments or content that you or others post on social networking sites.

10. DISRUPTIONS AND CHANGE

No warranties

    1. The Platform is provided on an "as is" basis and to the fullest extent permitted by law, we make no warranty or representation, whether express or implied, in relation to the satisfactory quality, fitness for purpose, completeness or accuracy of the Platform (including the Games and Content).

Malfunctions

    1. Big Creek Gaming is not liable for any downtime, server disruptions, lagging, or any technical or political disturbance to Game play, nor attempts by you to Participate by methods, means or ways not intended by us.
    2. Big Creek Gaming accepts no liability for any damages or losses which are deemed or alleged to have arisen out of or in connection with any Platform or its Content including, without limitation, delays or interruptions in operation or transmission, loss or corruption of data, communication or lines failure, any person's misuse of a Platform or its Content or any errors or omissions in Content.
    3. In the event of a Platform system malfunction all Game play on that Platform is void.
    4. In the event a Game is started but fails to conclude because of a failure of the system, Big Creek Gaming will use commercially reasonable efforts to reinstate the amount of Gift certificates or Complimentary skill points played (whichever applicable) in the Game to you by crediting it to your Customer Account. Big Creek Gaming reserves the right to alter Player balances and account details to correct such mistakes.
    5. Big Creek Gaming reserves the right to remove any part of the Games from the Platform at any time. Any part of the Games that indicate incorrect behavior affecting Prize redemption, game data, Complimentary skill points balances or other balances, that may be due to misconfiguration or a bug, will be cancelled and removed from the Platform. Player balances and account details may be altered by Big Creek Gaming in such cases in order to correct any mistake.

Change

Big Creek Gaming reserves the right to suspend, modify, remove or add Content to the Platform at its sole discretion with immediate effect and without notice to you. We will not be liable to you for any loss suffered because of any changes made or for any modification or suspension of or discontinuance of the Platform (including any Game thereon) and you will have no claims against Big Creek Gaming in such regard.

Service Suspension

We may temporarily suspend the whole or any part of the Platform for any reason at our sole discretion. We may, but will not be obliged to, give you as much notice as is reasonably practicable of such suspension. We will restore the Platform, as soon as is reasonably practicable, after such temporary suspension.

11. VIRUSES

Although we take all reasonable measures to ensure that the Platform is free from viruses we cannot and do not guarantee that the Platform is free of such problems. It is your responsibility to protect your systems and have in place the ability to reinstall any data or programs lost due to a virus.

12. PRIVACY POLICY

11.  Big Creek Gaming is committed to protecting and respecting your privacy and complying with all applicable data protection and privacy laws.

12.  Our Privacy Policy is inseparably linked to these Terms of Service and its acceptance is a prerequisite to account registration.

13.  You consent to receive marketing communications from Big Creek Gaming in respect of its offers by way of email, post, SMS and telephone notifications, any of which you may unsubscribe from at any time by contacting Customer Support.

 

13. COMPLAINTS AND CUSTOMER SUPPORT

4.   If you would like to contact our Customer Support department or have a complaint regarding our Platform (including any Game) you may contact us.

5.   to protect your privacy, all email communications between you and Big Creek Gaming should be carried out using the email address that you have registered against your customer account held with Big Creek Gaming. Failure to do so may result in our response being delayed.

6.   The following information must be included in any written communication with Big Creek Gaming (including a complaint):

1.   Your account number;

2.   your first and last name, as registered on your Customer Account;

3.   a detailed explanation of the complaint/claim; and

4.   any specific dates and times associated with the complaint/claim (if applicable).

7.   Failure to submit a written communication with the information outlined above may result in a delay in our ability to identify and respond to your complaint/claim in a timely manner.

 

14. DEACTIVATION/SUSPENSION OF ACCOUNT

8.   Big Creek Gaming reserves the right to deactivate or suspend your Customer Account for any reason whatsoever at any time without notifying you.

9.   We reserve the right, at our sole discretion, to deactivate or suspend your Customer Account (notwithstanding any other provision contained in these Terms of Service) where we have reason to believe that you have engaged or are likely to engage in any of the following activities:

1.   you breached, or assisted another party to breach, any provision of these Terms of Service, or we have reasonable grounds to suspect such breach.

2.   you have more than one Customer Account, including any Inactive Account, on any Platform.

3.   the name registered on your Customer Account does not match the name on the financial/bank account and/or the credit/debit card(s) used to make purchases with your Customer Account.

4.   your communication with us consists of harassment or offensive behavior, including (but not limited to) threatening, derogatory, abusive, or defamatory statements, or racist, sexually explicit, pornographic, obscene or offensive language.

5.   your Customer Account is deemed to be an Inactive Account.

6.   you become bankrupt.

7.   you provide incorrect or misleading information while registering a Customer Account.

8.   your identity cannot be verified.

9.   you attempt to use your Customer Account through a VPN, proxy or similar service that masks or manipulates the identification of your real location, or by otherwise providing false or misleading information regarding your citizenship, location or place of residence, or by playing Games using the Platform through a Third-Party or on behalf of a Third-Party.

10.                you are not over 18 years of age (or over 21 years of age in Estonia) or such higher minimum legal age of majority as stipulated in the jurisdiction of your residence.

11.                you are located in a jurisdiction where Participation is illegal;

12.                you have allowed or permitted (whether intentionally or unintentionally) someone else to Participate using your Customer Account.

13.                you have played in tandem with other Player(s) as part of a club, group, etc., or played the Games in a coordinated manner with other Player(s) involving the same (or materially the same) selections;

14.                Big Creek Gaming has received a "charge back", claim or dispute and/or a "return" notification via a payment mechanism used on your financial/bank account or online wallet.

15.                you have failed our due diligence procedures, or are found to be colluding, cheating, money laundering or undertaking any kind of fraudulent activity; or

16.                it is determined by Big Creek Gaming that you have employed or made use of a system (including machines, computers, software or other automated systems such as bots) which give you an unfair advantage.

10.                If Big Creek Gaming deactivates or suspends your Customer Account for any of the reasons referred to in clause 13 above, you will be liable for all claims, losses, liabilities, damages, costs and expenses incurred or suffered by Big Creek Gaming (together "Claims") arising therefrom and you will indemnify and hold Big Creek Gaming harmless on demand for such Claims.

11.                If we have reasonable grounds to believe that you have participated in any of the activities set out in clause 13 above then we reserve the right to withhold all or part of the balance and/or recover from your Customer Account any Prizes, Gift certificates or Complimentary skill points that are attributable to any of the activities contemplated in clause 13. In such circumstances, your details may be passed on to any applicable regulatory authority, regulatory body or any other relevant external third parties.

 

12.                If your Customer Account is deactivated because of closure of the Platform or similar event, we will make commercially reasonable efforts to enable redemption of any existing Prizes associated with your Customer Account, but all of your rights to use, enjoy or benefit from the Gift certificates and Complimentary skill points will be terminated.

13.                The rights set out in clause 13 are without prejudice to any other rights that we may have against you under these Terms of Service or otherwise.

15. INDEMNITY AND LIMITATION OF LIABILITY

Indemnity

    1. you agree to indemnify and hold harmless us, our directors, officers, employees, shareholders, agents and affiliates, our ultimate parent and parent companies and any of our subsidiaries against any and all costs, expenses, liabilities and damages (whether direct, indirect, special, consequential, exemplary or punitive or other) arising from any participation by you, including without limitation:
      1. accessing or using the platform;
      2. re-use of any content at, or obtained from, the platform or any other source whatsoever;
      3. facilitating or making a payment into your customer account;
      4. playing the games through any delivery mechanism offered; and
      5. acceptance and use of any prize.

Limitation of Liability

    1. To the maximum extent permitted by applicable law, under no circumstances whatever will we or our affiliates, subsidiaries, partners, officers, directors, employees, shareholders, agents, licensors, subcontractors and suppliers, be responsible or liable to you or to any other entity, even if advised of the possibility of such damages, under any legal theory, whether contract, tort or otherwise, for any indirect, incidental, consequential, special, exemplary, or punitive damages, including any lost profits and lost business opportunities, business interruption, lost revenue, income, goodwill, use of data or other intangible losses, in each case that result from or relate in any manner to your participation or any other act or omission by us.
    2. To the fullest extent permitted by applicable law, under no circumstances will we, our affiliates, subsidiaries, partners, officers, directors, employees, shareholders, agents, licensors, subcontractors, or suppliers, be liable to you for more than the amount you have paid us in the thirty (30) days immediately preceding the date on which you first assert any such claim. You acknowledge and agree that if you have not paid us any amounts in the thirty (30) days immediately preceding the date on which you first assert any such claim, your sole and exclusive remedy for any dispute with us is to stop using the platform and to close your customer account.

 

Negligence and Willful Misconduct

    1. Nothing in these terms of service will operate to exclude any liability of Big Creek Gaming for death or personal physical injury that is directly and proximately caused by Big Creek Gaming's negligence or willful misconduct.

Survival of Obligations

Clause 13 survives the termination of these terms of service for any reason.

16. BIG CREEK GAMING NOT A FINANCIAL INSTITUTION

Interest

    1. You will not receive any interest on outstanding Prizes, and you will not treat Big Creek Gaming as a financial institution.

No legal or tax advice

    1. Big Creek Gaming does not provide advice regarding tax and/or legal matters. Players who wish to obtain advice regarding tax and legal matters are advised to contact appropriate advisors.

17. DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE

 

    1. By agreeing to these Terms of Service, you agree that any and all past, present and future disputes, claims or causes of action between you and Big Creek Gaming, which arise out of, or are related to, these Terms of Service, the formation of these Terms of Service, the validity, your Participation or other access to or use of the Platform, or any other dispute between you and Big Creek Gaming, and whether arising prior to or after your agreement to this (Dispute Resolution and Agreement to Arbitrate) (collectively, Disputes), will be governed by the procedure set out below.

Complaint Resolution

    1. We want to address any concerns you may have without needing a formal legal case.
    2. Before filing a claim against Big Creek Gaming, you agree to try to resolve any complaint. If your complaint is not resolved after exhausting the internal complaints process, you may initiate a Dispute Resolution.
    3. Big Creek Gaming agrees that it will take all reasonable efforts to contact you and resolve any claim it may possess informally prior to taking any formal action.

Arbitration

    1. We Both Agree to Arbitrate. By agreeing to these Terms of Service, both you and Big Creek Gaming agree to resolve any Disputes through final and binding arbitration.
    2. Opt-out of Agreement to Arbitrate. You may decline this agreement to arbitrate by contacting Big Creek Gaming 30 days of first accepting these Terms of Service. Your email must include your first and last name and a statement that you decline this arbitration clause. By opting out of this clause, you will not be precluded from using the Platform, but neither you nor Big Creek Gaming will be able to invoke the mutual agreement to arbitrate to resolve Disputes. Whether to agree to arbitration is an important decision. It is your decision to make and you ARE NOT REQUIRED TO rely solely on the information provided in these Terms of Service. You should take reasonable steps to conduct further research and, if you wish, to consult with counsel of your choice.

Arbitration Procedures and Fees

    1. You and Big Creek Gaming agree that:
      1. the American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes, or successor rules, which are in effect at the time arbitration is sought (the AAA Rules). Those rules are available at www.adr.org;
      2. arbitration will proceed on an individual basis;
      3. arbitration will be handled by a sole arbitrator in accordance with the AAA Rules;
      4. the AAA rules will govern payment of all arbitration fees; and
      5. except as otherwise may be required by the AAA Rules, the arbitration will be held in Alabama, or, at your election, conducted via telephone or other remote electronic means.
    2. If you are a resident of Canada, this fully applies to you in all respects, except that AAA Rules will be construed to mean the Canadian Dispute Resolution Procedures and Canadian Expedited Procedures of the International Centre for Dispute Resolution Canada, or successor rules, which are in effect at the time arbitration is sought. Those rules are available at www.adr.org. Residents of all other countries will be subject to the AAA Rules as defined i

Arbitration to Proceed Individually

    1. You and Big Creek Gaming agree that the arbitration of a Dispute will proceed on an individual basis and neither you nor Big Creek Gaming may bring a claim as a Collective Action.
    2.  A claim to resolve a Dispute against Big Creek Gaming will be deemed a Collective Action if:
      1. two or more similar claims for arbitration are filed concurrently by or on behalf of one or more person; and
      2. counsel for the two or more persons is the same, or share fees, or coordinate in any way across the arbitrations.
    3. The term 'concurrently' means that both arbitrations are pending (filed but not resolved) at the same time.

Waiver of Class Action and Collective Action

    1. To the maximum extent permitted by applicable law, whether the dispute is heard in arbitration or in court, neither you nor Big Creek Gaming will be entitled to consolidate, join or coordinate disputes with or involving other individuals or entities, or participate in any collective action (as defined above) or arbitrate or litigate any dispute in a representative capacity, including as a representative member of a class or in a private attorney general capacity. In connection with any dispute (as defined above), all such rights are expressly and unconditionally waived. Notwithstanding anything to the contrary in these terms of service, in the event all or any portion of clauses are found to be invalid or less than fully enforceable, then the entirety of this may be deemed void and as having no effect upon either your or our election.

18. OTHER

Entire Agreement

    1. These Terms of Service constitute the entire agreement between you and us with respect to your Participation and, save in the case of fraud, supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to your Participation.

Amendments

    1. Big Creek Gaming reserves the right to amend these Terms of Service, or to implement or amend any procedures, at any time. Any amendments will be published on the Platform and such changes will be binding and effective immediately.
    2. Whenever we amend these Terms of Service in a way that would limit your current rights or which may be to your detriment, we will notify you upon your next visit to the Platform and you will be required to re-confirm your acceptance prior to playing any Games. If you do not agree to the amended Terms of Service, you must stop using the Platform.

Tax

    1. You are solely responsible for any taxes which apply to any Prizes that you collect from your Participation.

Force Majeure

    1. Big Creek Gaming will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms of Service that is caused by events outside of our reasonable control.

No agency

    1. Nothing in these Terms of Service will be construed as creating any agency, partnership, trust arrangement, fiduciary relationship, or any other form of joint enterprise between you and us.

Severability

    1. If any of the Terms of Service are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will, to that extent, be severed from these Terms of Service. All remaining terms, conditions and provisions will continue to be valid to the fullest extent permitted by law. In such cases, the part deemed invalid or unenforceable will be amended in a manner consistent with the applicable law to reflect, as closely as possible, Big Creek Gaming's original intent.

Explanation of Terms of Service

    1. We consider these Terms of Service to be open and fair. If you need any explanation regarding these Terms of Service or any other part of our Platform contact Customer Support.
    2. The Terms of Service prevail over any communication via email or chat.
    3. All correspondence between you and us may be recorded.

Assignment

    1. These Terms of Service are personal to you, and are not assignable, transferable or sub-licensable by you except with our prior written consent. We reserve the right to assign, transfer or delegate any of our rights and obligations hereunder to any Third-Party without notice to you.

Business Transfers

    1. In the event of a change of control, merger, acquisition, or sale of assets of Big Creek Gaming, your Customer Account and associated data may be part of the assets transferred to the purchaser or acquiring party. In such an event, we will provide you with notice via email or via our Platform explaining your options with regard to the transfer of your Customer Account.

Language

    1. These Terms of Service may be published in several languages for information purposes and ease of access by players but will all reflect the same principles. It is only the English version that is the legal basis of the relationship between you and us and in case of any discrepancy between a non-English version and the English version of these Terms of Service, the English version will prevail.

Applicable Law and Jurisdiction

    1. These Terms of Service will be governed, and interpreted in accordance with, the laws of Alabama, without regard for its choice of conflict of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded.
    2. You acknowledge that, unless stated otherwise, the Games are operated from the United States and your Participation takes place in the United States. Any contractual relationship between you and us will be deemed to have been entered into and performed in the United States.
    3. The parties agree that any dispute, controversy, or claim arising out of or in connection with these Terms of Service, or the breach, termination or invalidity of these Terms of Service, will be submitted exclusively to the courts in Alabama, and you and we consent to the venue and personal jurisdiction of those courts. Notwithstanding the foregoing, any motion to compel arbitration or to enforce an arbitral award issued hereunder may be brought before any court of competent jurisdiction.