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GENERAL TERMS AND CONDITIONS

 

Dated 30-Nov-2011

ElectraWorks Limited of 711 Europort, Gibraltar, a company registered in Gibraltar under company number 94014 ("the Company"), offers sports betting, multiplayer poker, casino and lottery-like games with "real" money. The Company does not offer any real money betting or gaming to US users. By placing a bet or participating in games where stakes are wagered, the users confirm that they are not in Poland or in the German Federal States of Saxony, Baden Württemberg or Hesse at the time of placing the bet or participating in a game. The following terms and conditions refer to betting and gaming with "real" money only.

LIABILITY/DATA PROCESSING

1.

Claims for damages raised by users against the Company and/or their vicarious agents (e.g. for system breakdowns, defects, delay, manipulated or improper data transmission) are excluded, unless they are based on intentional or gross negligence. Furthermore the Company's liability is limited to the amount of the bet or the stake or the owed winnings, whichever is higher.

2.

The Company does not assume liability for input, transmission, and/or evaluation errors. In particular, the Company reserves the right to rectify obvious errors in particular in the input of bet odds and/or in the evaluation of bet results (e.g. confusion of odds or results, teams etc.) - even subsequently - or to declare affected bets void. The Company also assumes no liability for correctness, completeness or up-to-dateness of the information services provided, for example result messages sent via e-mail and SMS amongst others. The Company also assumes no liability for the accuracy of livescores, statistics and intermediate results in live betting. The Company further reserves the right to cancel bets (including bets for draws at balls-of-fire.com) even subsequently if any such bet was won by the user as a result of a technical fault or error and the Company is in a position to prove the technical fault(s)/error(s) by means of technical records. The burden of proof of technical fault or error is with the Company. In any such case, the stake of the bet or game shall be re-credited to the player's account. The Company reserves the right to hold a user liable for any damage caused to the Company as a result of such user knowingly taking advantage of a technical or administrative error when making and/or receiving payments. A stake is exclusively a respective amount confirmed and indicated by the Company.

3.

The Company assumes no liability for damages whatsoever, arising through the abuse of the betting account.

4.

The Company reserves the right to exclude users from participating in any of its games at its discretion.

5.

The Company expressly points out that the placing and negotiation of bets or the participation in sports betting, multiplayer poker, casino and lottery-like games may be subject to legal restrictions and may even be prohibited in some countries. Such restrictions or prohibitions may be applicable even if the Company has obtained the relevant permits (betting or casino licence) for placing and negotiation of bets. Therefore, the user should take note that if the placing of bets or participation in sports betting, multiplayer poker, casino and lottery-like games are not allowed, or only allowed under certain conditions which are not fulfilled here, he alone will bear the responsibility for any disadvantages arising from it. The user should, further, take note that beyond the information contained in this paragraph, the Company has no duty to inform, warn or educate users. In particular, the Company is not responsible for disadvantages whatsoever arising for the users from the disregard of relevant prohibitions in his/her home country.

6.

By placing a bet or participating in games where stakes are wagered, the user agrees that they have reached the minimum legal age for participation as specified by their respective national law. Furthermore, by placing a bet or participating in games where stakes are wagered, the user confirms that they possess the legal capacity to enter into an agreement with the Company. Failure to adhere to these conditions will result in the user's account being closed and implementation of all other necessary measures.

7.

The user agrees to the storage and automation aided use of his personal data given to the Company in the course of betting and playing sports betting, multiplayer poker, casino and lottery-like, as well as any other games. In addition, the terms listed under "Security/Privacy Policy" also apply.

8.

The Company reserves the right to inform users about special promotions or new products by telephone or e-mail, as well as the right to offer help pro-actively, as long as the user has not explicitly requested not to be contacted in this way. The user has the right to request not to be contacted at any time without notification of reason.

9.

The Company reserves the right to rectify obvious errors when preparing account balances. The Company will inform the respective users of the corrections immediately.

10.

If the Company believes that match or price rigging has taken place, it reserves the right to relay the respective party's saved details (information pertaining to the reservations or suspicions of the respective misdemeanour in question) to sporting bodies, authorities or any other third party, which deals with the investigation of such offences.

11.

The downloading of photos from the Company's Internet website (or any of its sub-sites) is only permitted for private use, the publication, transmission, reproduction or any other application of the respective photos is strictly prohibited.

12.

The Company expressly declares not to provide any advice to users with respect to any tax and/or legal matters.

CHOICE OF LAW/ PLACE OF PERFORMANCE/ INTELLECTUAL PROPERTY

1.

The legal relationships between users and the Company are subject to Gibraltar law, with the exclusion of the reference laws of international private law. The place of performance for all obligations arising from these bets and games, as well as the obligations arising from the respective stakes, is Gibraltar. Any disputes arising out of or in connection with bets placed by users are - as far as legally permitted - subject to the jurisdiction of the court having local and subject matter jurisdiction over Gibraltar.

2.

With his/her registration, the user acknowledges the exclusive (intellectual) property of the Company of its General Terms and Conditions as well as the system regulated by them.

3.

The subject General Terms and Conditions, as well as the system of handling the bets and participation in games regulated by them, are protected by copyright in their entirety as well as the individual clauses forming an integrated whole in terms of contents and subject matter. Every, even if only partial, take-over of the underlying idea is prohibited.

4.

Users/participants hereby accept that all times listed by the Company are understood to be in the time zone "GMT+1" unless otherwise stated.

5.

The Company reserves the right to amend the contents of these General Terms and Conditions at any time.

6.

Every time the user launches a client application, regardless of the medium used (via internet or via our mobile services), opens an account, uses and reuses such an account, places a bet, participates in any of the offered games (in particular ParaDice, Backgammon, Poker-, Casino- Fortune-, Mini- or Skill Games) or accepts any prize, the user accepts the current version of the General Terms and Conditions and agrees to abide by these General Terms and Conditions, including any revisions which may periodically take place. At least once a month, the user agrees to review the General Terms and Conditions on the website: http://www.pokerroom.com.

7.

In the event of any discrepancies due to translation or interpretation, the English version of the Terms and Conditions shall prevail.

REGISTRATION/ACCOUNT

1.

Participation in the Company's offer requires registration as a user. To register, the user has to fill out correctly and completely the relevant application form containing the following details: first name and surname; place of residence; e-mail address; date of birth; gender; choose a user ID; choose a password, choose a private question and answer (this question is asked before real money is paid out or if, for example, the player has forgotten his password and asks for a new password).

2.

The Company reserves the right to exclude users with false particulars from participating in the games offered and to refuse them the payment of any winnings. To verify the validity of particulars, the Company reserves the right to use data services of companies registered, licensed and audited by jurisdictions and data privacy laws within the EU.

However, on the Company's request, the user is obliged to produce satisfactory proof of identity (including but not limited to a passport copy, driver's licence or identity card) as well as any other document enabling full customer verification (including but not limited to a recent utility bill or bank statement).

Failure to produce valid documents may result in an account and payment block.

3.

After successful registration, an account will automatically be opened for the user, over which all stakes and winnings for real money will run.

ACCOUNT

1.

Every user may hold only one account. Users already registered are not allowed to register as new users under another name or with another e-mail address. If the Company is able to verify links between user accounts, it shall presume the existence of multiple registrations and therefore of a violation of these Terms and Conditions. In such cases, the Company is entitled to cancel placed bets and any winnings credited to a user account and also to invalidate any bonuses claimed. The presumption of multiple accounts can only be counteracted if the user is able to verify without doubt that the account holders are different people and that all stipulations in these General Terms and Conditions have been met.

2.

In case of suspected manipulations or fraud, and in case of any violation of these Terms and Conditions, in particular the multiple simultaneous participation in games and the opening of several accounts, the Company may exclude the respective user from placing further bets and from participating in other games. Any criminal or suspicious activities may be reported to the appropriate authorities. In such a case, the Company will pay the user any real money balance in his betting account after deducting a handling charge of 10%, provided that this has been acquired in a lawful manner. FreeBets or winnings that may have resulted from FreeBets, which were not acquired in a lawful manner, will be void. When users are migrated from other platforms to the Company, the placement of a first bet and the participation in the first game is taken as registration and as authorisation for the transfer of all existing credit from the transferring platform.

3.

The user may cancel his/her newsletter subscription and other marketing and promotional e-mails, which are sent to him by the Company, at any time. This can be achieved under My account / Settings: Communication. Please note, that due to administrative reasons, it could take up to 24 hours for this request to be processed.

4.

If a user has unregistered of his/her own accord, the user may, for technical reasons, continue to receive marketing promotions for up to 30 days after unregistering. In this case, related bonuses or other vouchers will become invalid and are not credited/redeemed to the user's account. If the user's account is reactivated again later on, these bonuses remain invalid and can therefore not be credited/redeemed retroactively.

5.

Users can select the option to block their own accounts in order to exclude themselves from all bets and games in the "play for real" offers. Users can define the blockage period themselves, e.g. for a week, a month, three months, or an unlimited period of time. Once the blockage period has expired, the user can then take advantage of all offers once more. The decision to block an account cannot be reversed by the user during the blockage period. If the user imposes a blockage for an unlimited period of time, his account will be blocked for a minimum period of six months and will only be reopened by the Company and following consultation with the Company. During the blockage period, the user will not take part in any marketing promotions of the Company. If an account is blocked for an unlimited period of time, the user might only have limited access to marketing promotions during the six months following the reopening of the account. The Company will decide on this level of access.

6.

a) If the User does not (i) place a bet with real money, or (ii) plays with real money in the area of Poker, Casino or Games for any consecutive period of 12 months, then after these 12 months the User's account will be deemed as "Inactive" ("Inactive Accounts").

b) Inactive Accounts will be charged an administrative fee (the "Inactive Account Fee") in the amount of EUR 5* per month. The Company will deduct the Inactive Account Fee from the User's account balance beginning at the end of the month the account has become an Inactive Account and then at the end of every following month, until the account balance is zero. The Company is entitled to change the Inactive Account Fee from time to time.

c) The Company will stop deducting the Inactive Account Fee from the User's account balance if the account balance is zero or if the account is re-activated by placing a bet with real money or playing in the area of Poker, Casino or Games with real money.

d) If the account balance is zero and the User account is inactive for a period of eighteen consecutive calendar months, the Company is entitled to close the account.

* The equivalent values for the EUR 5 are:

CurrencyAmountCurrencyAmountCurrencyAmount
EUR5YTL8HRK40
CHF8PLN20$AR25
USD5SKK200RON15
GBP3CZK150EEK75
DKK40HUF1,250LVL3
NOK40RUB150LTL20
SEK50MXN60

BETTING WITH REAL MONEY

Participation in betting and gaming with real money requires that the user has paid real money into his betting account or received a credit balance on his account from marketing promotions. Betting or gaming stakes can only be effectively placed if the balance on the user's account as a minimum covers the stake. US-users are not permitted to participate in our betting offer.

MATCH OR PRICE RIGGING

In the event that the Company suspects any event manipulation it withholds the right, in its absolute discretion, to:

1.

suspend the offering of any event or series of events in any of its markets; and

2.

delay and/or withhold payment on any event or series of events in any of its markets, until the integrity of such event or series of events has been confirmed by the relevant sports federation.

Further, in the case of active event manipulation being confirmed as having taken place on any event or series of events by the appropriate sports governing bodies, the Company withholds the right, in its absolute discretion, to suspend any bets placed on such events, either by any individual identified as having possessed insider betting knowledge or information or by any other individual who in the reasonable opinion of the Company is connected to, acting in conjunction with or in any way involved with such individual.

CURRENCY

At present, betting or gaming stakes can be placed or concluded in the following currencies: EUR, CHF, USD, GBP, DKK, SEK, NOK, PLN, CZK, HUF, YTL, HRK, RON, RUB, EEK, LVL, LTL, BGN. The Company reserves the right to suspend the placing or concluding of betting or gaming stakes respectively in certain currencies and to pay the balance in their favour in the corresponding currencies to the user.

So as to assure the highest accuracy all bets and results, as well as the exchange of real money into chips/credits, are calculated using four decimal points and these values are saved in the databank. This method is utilized for all monetary calculations. Due to technical reasons a user's account balance can only be displayed with two decimal points in his/her account. This may, however, sometimes lead to discrepancies when a value with four decimal points is rounded off to a value with two decimal points. In this case the true value always takes preference over the value with two decimal points. When purchasing credits/chips or with other game transactions, an exchange from your account currency into another shall be carried out using a Euro reference exchange rate. This rate will be updated at regular intervals.

PAYMENT METHODS

The payment options available depend on your country of origin and currency chosen upon registration. For a complete list of the payment methods available in your country, please check the Deposits/Withdrawals page on the pokerroom.com site.

For information about deposit and withdrawal limits for payment methods available in your country, and for your chosen currency, please check the Deposits/Withdrawals page on the bwin.com site or the payment selection page in your account, in the Deposits/Withdrawals section. The Company reserves the right to modify these limits, temporarily or permanently.

The Company reserves the right to charge a handling fee for any transaction made. Any handling fee - if applicable - will be billed to the respective user during the course of the transaction. For complete information about current handling fees applicable to all payment methods available in your country, please check the Deposits/Withdrawals page on the pokerroom.com site or the payment selection page in your account, in the Deposits/Withdrawals section.

DEPOSIT LIMITS

Each user can view their current deposit limits in their account. The Company reserves the right to check and, if necessary, change these limits at any time. Winnings paid out of a user's account can be considered when determining a personal limit, where the permitted deposit amount will be increased by the sum of all withdrawals made over the previous 30 days. Users are also able to reduce the standard deposit limit. In this case, the deposit limit is set by the user and can be reversed if necessary. Furthermore, it is also possible for users, in cooperation with the Company, to agree upon a personal deposit limit which is above the standard deposit limit. In this case, however, the Company reserves the right to reduce this limit back to the standard deposit limit at any time.

ACCOUNT CREDITS

The user may at any time freely use the balance on his account in his favour - deducting any stakes for current bets and/or games. Winnings are credited to the betting account and can be used to place other bets or play further games. On the user's request, winnings from the balance on the betting account may also be remitted immediately, in whole, or in part to an account indicated by the user and held by the holder.

If any funds are credited to a user's account by mistake, it is the user's responsibility to inform the Company immediately. Any future winning bets that may occur directly or indirectly as a result of such credit shall be void, regardless of any delay in notification of the error. If the funds erroneously credited are subsequently withdrawn or placed on losing bets, the Company reserves the right to recover any amounts due.

If deposits made are not used for the sole purpose of gaming or wagering, the Company, particularly in the case where there is a suspicion of abuse, reserves the right to cancel the respective deposits in part or in full and to retract any costs that may have resulted in conjunction herewith.

The Company reserves the right to verify a user's inpayment in the fight against credit card fraud, and may also go to such lengths as to request copies of the respective credit cards used.

If, for technical reasons, a deposit onto the user's account overlaps with the closure of the account at the user's initiative or by the Company, this circumstance will be pointed out to the user and the user will be requested to provide account details in order to ensure the immediate return payment of the full amount (less any charges incurred).

FREEBETS/ MARKETING BONUSES

1.

All FreeBets, gaming vouchers and marketing bonuses issued by the Company can only be used for betting or gaming and may not be transferred or paid out.

2.

All FreeBets, gaming vouchers and marketing bonuses issued by the Company must be redeemed at the latest two months after their transfer to betting accounts and placed in total on one or more bets, or else the Company reserves the right to make the bonus credits retroactive (by cancelling or debiting them from the account).

3.

All marketing bonuses shall remain the property of the Company until the user has used it to place a bet or play a game at least once, or as specified in the respective promotion. Should the user request a payout before this condition has been met, it will not be performed.

If stakes on bets or games at are made on all possible outcomes of an event or a game (e.g. betting on "1" and "2" in a tennis match/"red" and "black" or "odd" and "even" in the casino/"red wins" and "yellow wins" and "white wins" and "no dominating colour" and "no red balls" and "no yellow balls" and "no white balls" in the lottery games), these bets shall not be considered relevant for entitling the person in question to pay out the respective winnings or to receive a bonus.

4.

The Company reserves the right to cancel marketing promotions at any time without prior notice. Only one FreeBet, gaming voucher or marketing bonus may be redeemed per person with an interval of 60 days between each execution. It is possible to redeem another FreeBet, gaming voucher or marketing bonus only when this time limit has been met. The Company reserves the right to withhold any winnings that may be a result of a bet placed with a FreeBet, gaming voucher or marketing bonus that was redeemed prior to the personal 60-day limit.

5.

In cash-in bonus promotions (cash-in bonus = credits on money already paid in) the amount paid in, as well as the subsequently credited bonus, is to be placed or played on one or more bets or games within two months at least once or several times, if permitted by the promotion in question, before a payout can be transacted.

6.

All free betting or gaming credit is valid for hobby gamers. In the case of suspected abuse, the Company reserves the right to recall all bonus amounts and bets and block the respective accounts.

Instances of abuse are considered to be (but are not restricted to) the following:

  • if user accounts appear to be linked according to identification criteria, e.g. same name, address, telephone number, bank account number (including debit or credit cards, NETeller, Skrill (Moneybookers) or similar), IP address, etc.
  • suspected multiple accounts (fake accounts, gaming syndicates)
  • the placement of bets which, irrespective of the result of the bet, guarantee a profit from the bonus for the individual user or a user group
  • suspected organised use of the bonus offer (e.g. excessive use)

FreeBets, gaming vouchers and marketing bonuses may be used exclusively for betting on the respective website of the Company which it was issued by. Please note that it is prohibited to transfer free bets, gaming vouchers or marketing bonuses to another product or website operated by the Company.

FreeBets, gaming vouchers and marketing bonuses that are subject to the fulfilment of other conditions (e.g. referral of new users) and would only be credited to the account once these conditions have been met, will not be credited to the account if the user has unregistered or has been excluded by the Company in the meantime.

HORSE RACING/FREEBETS

1.

The following rules apply for horse racing FreeBets. In addition, the rules found under "Free betting credit/Marketing bonuses" apply provided they do not contradict the rules below.

2.

Horse racing FreeBets are subject to a specific expiry date. This date can either be found on the respective horse racing FreeBet card or is stipulated in the promotion. Once this expiry date has been reached, the system will no longer accept the FreeBet code.

3.

Horse racing FreeBets will not be directly credited to your account. Customers can enter their horse racing FreeBet code directly into the field provided on their bet slip when placing a bet. The bet for the respective amount is then accepted.

4.

The horse racing FreeBet code can only be used to place one bet. Only the following bet types are permitted for horse racing FreeBets:

  • Winner
  • Place
  • 2nd or better
  • 3rd or better
  • 1st and 2nd
  • 1st, 2nd and 3rd
5.

If, for any reason, the bet which was placed using the horse racing FreeBet code is cancelled, the amount of the FreeBet code will be credited to the user's account. Customers will not be issued with a new horse racing FreeBet code and the original code will not be reactivated.

6.

Customers may use a maximum of one horse racing FreeBet code in a 60-day period. If a user has already used a horse racing FreeBet code within this period, no further code will be accepted by the system. If the Company allows multiple FreeBets in individual cases, this will be stated on the respective horse racing FreeBet card or in the respective promotion.

BETTING LIMIT

Winning limits for bets with real money are as follows:
The winning limits for each user and week (Monday 0 hours till Sunday 24 hours Central European Time) are as follows: CHF 155,000, USD 120,000, EUR 100,000, GBP 70,000, DKK 750,000, SEK 920,000, NOK 825,000, PLN 445,000, CZK 3,000,000, HUF 25,000,000, YTL 170,000, HRK 700,000, RON 300,000, RUB 3,000,000, EEK 1,500,000, LVL 70,000, LTL 350,000, BGN 200,000.
The winning limits for each user and bet are as follows: CHF 15,500, USD 12,000, EUR 10,000, GBP 7,000, DKK 75,000, SEK 92,000, NOK 82,500, PLN 44,500, CZK 300,000, HUF 2,500,000, YTL 17,000, HRK 70,000, RON 30,000, RUB 300,000, EEK 150,000, LVL 7,000, LTL 35,000, BGN 20,000.
These limits are only approximate values, as they are influenced by currency fluctuations.
If it turns out that a user has opened several accounts and has placed the same bet on them contrary to the General Terms and Conditions, the winning limit applies to the total of the winnings gained from these bets.

WITHDRAWALS

1.

Only real money winnings can be withdrawn from the account. Before the first withdrawal of real money winnings, the user must undergo a verification process and for that purpose may be requested to produce satisfactory proof of identity (including but not limited a passport copy, driver's licence or identity card) as well as any other document enabling full customer verification (including but not limited to a recent utility bill or bank statement). In the case of discrepancies or failure to produce valid documents, the gaming transactions will be cancelled and winnings will not be paid out to the user, unless the user proves their right to the balance in their account in another way. If it turns out that a user has registered several times, the Company may refuse the payment of balances on these accounts (with the exception of the legitimately acquired balance - less a handling fee of 10% on the account first opened).

2.

Members of groups of players must regulate their legal relationships exclusively amongst themselves. The payment of winnings will only be effected in the name of the respective account holder.

3.

The user agrees to disclose information related to his/her bank account, from which the bets would be made. The user agrees that this information may be used by the Company for the purpose of transferring money back to the user.

4.

The Company reserves the right to change the payment method in individual cases (e.g. by issuing refunds to credit cards). This refers in particular to cases of withdrawals over EUR 15,000 which are generally processed using bank transfer.

5.

The Company may not be held liable for any changes to payout amounts as a result of exchange rates.

6.

All bank transfer payouts in EUR within the SEPA region will be performed according to the SEPA criteria. This means that both the remitter and the receiver should be charged regular domestic fees for the transaction by their respective banks (no foreign transfer fees), even if the transfer is taking place between two different countries (within the SEPA region). For all other transfers the Company assumes until further notice all bank charges for the first withdrawal per calendar month and for all further withdrawal requests in that month, if they are equivalent to at least EUR 1,000. For further withdrawals in the same month equivalent to less than EUR 1,000, all the arising bank charges will be at your expense.

ACCOUNT ACCESS

In order to access the betting account, the code chosen by the user in the course of opening the account (user ID and password) is needed. The Company assumes no responsibility for misuse of a betting account, if unauthorised persons use the user ID and password. User ID and password must be treated strictly confidential. All movements in the betting account resulting from the use of the user ID and the password fall under the responsibility of the betting account holder.

ACCOUNT COMPLAINTS

Complaints against account statements and the balances shown in them must be made within 14 days after the account balance becomes available on the Company's website (via e-mail to the respective support). A failure to make such a complaint is deemed to be an agreement to the mentioned account balance.

 
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