Restrictions
- You
declare and warrant that:
- 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.
- you participate in the Games strictly in your personal
capacity for recreational and entertainment purposes only.
- you participate in the Games on your own behalf and not
on the behalf of any other person.
- 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.
- 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.
- you will not purchase gift certificates from a
business or corporate account, but only an account held in your name.
- 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.
- 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
- 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.
- 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
- 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
- You will
be required to provide standard demographic information including but notwithstanding Name, address, phone number, and a
copy of your driver's license.
- 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
- 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.
- 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
- 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
- As part
of the registration process, you will have to choose a password to login
onto the Platform.
- 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).
- 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.
- 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.
- 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.
- 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.
- 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
- 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
- We
reserve the right to deactivate your Customer Account if it is deemed to
be an Inactive Account.
- 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
- 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.
- 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.
- 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
- 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.
- 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
- 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.
- 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.
- 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.
- BIG CREEK
GAMING begins processing a payment for the purchase of Gift certificates
when you click on the "MAKE PAYMENT" button.
- 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
- 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.
- Until
all required verification checks are completed to our satisfaction:
- 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
- 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
- You
acknowledge and agree that Big Creek Gaming:
- is
not responsible for Third-Party Websites; and
- makes
no guarantee as to the content, functionality, or accuracy of any
Third-Party Website.
- 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.
- Third-Party
Websites are subject to the Terms of Service outlined by that
Third-Party.
Links
- Any
links to Third-Party Websites do not:
- indicate
a relationship between Big Creek Gaming and the Third-Party; or
- 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.
- 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:
- 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;
- you
will not post any comments that are false, misleading, deceptive, or
defamatory to us, our employees, agents, officers
or other players; and
- 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
- 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
- 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.
- 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.
- In
the event of a Platform system malfunction all Game play
on that Platform is void.
- 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.
- 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
- 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:
- accessing
or using the platform;
- re-use
of any content at, or obtained from, the platform or any other source whatsoever;
- facilitating
or making a payment into your customer account;
- playing
the games through any delivery mechanism offered; and
- acceptance
and use of any prize.
Limitation of Liability
- 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.
- 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
- 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
- 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
- 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
- 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
- We want
to address any concerns you may have without needing a formal legal case.
- 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.
- 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
- 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.
- 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
- You
and Big Creek Gaming agree that:
- 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;
- arbitration
will proceed on an individual basis;
- arbitration
will be handled by a sole arbitrator in accordance with the AAA Rules;
- the
AAA rules will govern payment of all arbitration fees; and
- 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.
- 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
- 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.
- A
claim to resolve a Dispute against Big Creek Gaming will be deemed a Collective
Action if:
- two
or more similar claims for arbitration are filed concurrently by or on
behalf of one or more person; and
- counsel
for the two or more persons is the same, or share fees, or coordinate in
any way across the arbitrations.
- The
term 'concurrently' means that both arbitrations are pending (filed but
not resolved) at the same time.
Waiver of Class Action and
Collective Action
- 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
- 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
- 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.
- 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
- You
are solely responsible for any taxes which apply to any Prizes that you
collect from your Participation.
Force Majeure
- 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
- 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
- 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
- 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.
- The
Terms of Service prevail over any communication via email or chat.
- All
correspondence between you and us may be recorded.
Assignment
- 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
- 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
- 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
- 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.
- 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.
- 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.