Below are the general terms and conditions (“Rules”) that apply to all offers, prize promotions and competitions (collectively, “Promotions”) that are advertised on or accessible through the sites located at www.pokerstarsmtairycasino.com and www.starsmtairycasino.com (the “Site”) and/or via the GUI software (the “Client”). Each Promotion is organized by TSG Interactive US Services Limited (“TSG”). TSG is organized under the laws of the State of Delaware and licensed and regulated by the Pennsylvania Gaming Board (“PGCB”) under the relevant laws of the Commonwealth of Pennsylvania for the purposes of operating and offering real-money, online interactive gaming services.
The provisions of this Agreement are entirely subject to applicable law and the terms of TSG’s license issued by the PGCB. TSG offers real money poker and casino games on the Site and TSG and such of its affiliated companies which are subcontracted to provide services to it (collectively, the “Stars Interactive Group”) are licensed and regulated by the PGCB.
In order to participate in any Promotion, each entrant (“Entrant”/”you”) hereby agrees to be unconditionally bound by the following (as may be applicable): (i) these Rules; (ii) the end user license agreement governing the use of the Site (“EULA”); (iii) the game rules governing participation in any game on the Site (“Game Rules”); and (iv) any special terms and conditions relevant to the individual Promotion as may be displayed on the Site (“Special Terms”).
By entering into this Agreement, you acknowledge that TSG may exercise any of its rights and fulfil any of its obligations under this Agreement. References to “Provider”, “we” or “us” refer collectively to TSG and the Stars Interactive Group.
Each Promotion will be conducted in accordance with all applicable regulations of the Commonwealth of Pennsylvania and the PGCB. If you or someone you know has a gambling problem and wants help, call 1-800-Gambler.
1.1 To take part in any Promotion you must be 21 (twenty one) years of age or over. You may be asked at any stage to provide us or our designated third party with proof of your age and/or identity and you must, on demand, be able to present a valid passport or other valid government issued picture ID to verify your age and/or identity to the reasonable satisfaction of Provider. If you are unable to produce any such document(s) to the reasonable satisfaction of Provider, you will be automatically excluded from the Promotion and may forfeit any privileges, prizes or funds that have been allocated to you without compensation of any kind. It is a criminal offense in the Commonwealth of Pennsylvania for any individual under the age of 21 to use the Service (as such term is defined in the EULA).
1.2 Each Entrant for a Promotion must be the same person whose name appears on the Provider account on the Site (“Player Account”) that registered to take part in the Promotion (to the extent that a Player Account is necessary in accordance with the Special Terms). By taking part in any Promotion, you hereby confirm to Provider that your name, address and personal details as registered on and set out in your Player Account is correct and up to date. If you are unable to produce valid proof of your name, address or other personal details to the reasonable satisfaction of Provider, you will be excluded or disqualified from the Promotion.
1.3 Employees and relatives of employees of Provider and any entities affiliated or related to Provider are not permitted to participate in any Promotion. For these purposes, the term 'relative' shall mean but not be limited to spouse, partner, parent, cousin, child or sibling and ‘affiliated’ shall include but not be limited to mean such an employee’s housemate(s) or co-habitee(s).
1.4 You may only participate in the Promotions if you are physically present in the Commonwealth of Pennsylvania. You acknowledge and agree that it is a Federal offense for persons physically located outside the Commonwealth of Pennsylvania to engage in Internet wagering through a Pennsylvania casino, unless explicitly authorized by the PGCB and therefore it is prohibited for you to attempt to access and participate in the Promotions if you are not physically present in the Commonwealth of Pennsylvania. Please consult Section 1 of the EULA for more information in relation to your access to the Sites and the online gambling services provided by Provider.
2. Conduct of Entrants
2.1 You may only have one Player Account with the Site and you must use that Player Account so as to take part in the Promotion. Furthermore, you must not permit another person to take part in the Promotion using your Player Account.
2.2 If Provider becomes aware of any fraud, deceit, misconduct, dishonesty or similar action concerning your participation in the Promotion or where you breach these Rules, the EULA or the Tournament Rules, then Provider reserves the absolute right to automatically disqualify you or invalidate your entry. If the fraud, deceit, misconduct, dishonesty or other action is only discovered after any prize has been awarded to you, then you shall be required, upon demand, to return the same (or provide compensation) to Provider forthwith upon notification to do so by Provider.
2.3 Throughout the duration of any Promotion, strict rules regarding the behavior of all Entrants will be enforced by Provider and/or its designees. Provider reserves the right to take any action it deems necessary against any Entrant found to be in breach of these Rules, the EULA, Tournament Rules or the Special Terms and/or acting deceitfully or dishonestly with respect to the Promotion and such action may include but shall not be limited to exclusion, suspension or disqualification from the Promotion and/or the Client, the confiscation of any prize or of any rewards that have been allocated and/or that would ordinarily have been awarded to that Entrant. The decision as to what activity or behavior constitutes a breach of these Rules or the Promotion or what constitutes an act of deceit or dishonesty in relation to any conduct by an Entrant while participating in the Promotion rests solely with Provider in its sole discretion.
3.1 We will set out on the Site, and/or the Special Terms, any limitations on participation in a Promotion as well as the final expiry date and time for entry into each Promotion or the number of entries we will accept before closing the Promotion. This information will be available on the Site and/or the Special Terms together with each prize (“Prize”) or reward on offer (“Gift”) but will not be made available in these Rules.
3.2 For the avoidance of doubt, the prizes or rewards on offer and/or all other items which may be given away as part of this Promotion are non-transferable and may not be given, assigned, transferred, sold to or exchanged with any other person(s).
3.3 We reserve the right to provide a cash alternative for any Prize or Gift. You will not have the right to require payment of the cash alternative unless we agree otherwise. The cash value of each Prize or Gift (to the extent that we agree to make such cash alternative available in any given Promotion) will be specified in the Special Terms.
3.4 Winners of Prizes/Gifts will be notified within 30 (thirty) days from winning by way of phone, email or other form of communication as may be stipulated for each Promotion in the Special Terms. It is each Entrant’s responsibility to ensure that the contact details and email address contained in their Player Account is valid and correct. We will not dispatch a Prize/Gift until you have been notified of your winnings and the Prizes/Gifts will be credited to your Player Account only or the address linked to your Player Account (as may be applicable).
3.5 Prizes/Gifts must be claimed within 30 (thirty) days from when you are notified of your winnings unless otherwise stated. If you have not claimed the Prize/Gift within this time your Prize/Gift will be void. Void prizes may be redrawn and offered to another Entrant or offered in another Promotion.
3.6 Following notification to you that you have won a Prize or entitled to receive a Gift, the Prize/Gift will be sent or made available to you no later than 90 (ninety) days following the conclusion of the Promotion. Note however that if an element of a Prize/Gift may relate to an event taking place at a future date, you will not be able to use the Prize/Gift until such future date.
3.7 Prizes/Gifts are subject to availability. In the event of unavailability, we reserve the right to provide an alternative Prize or Gift of similar value and specification.
3.8 There may be additional terms and conditions imposed by the supplier of a Prize or Gift (“Third Party Rules”) in order for you to claim and/or use a particular Prize or Gift and Provider will not be responsible for your failure to comply with any such Third Party Rules. In addition, you may be required to enter into a separate binding agreement with Provider with regards to conditions governing the award and/or use of any element of the Prize and/or Gift. Failure to abide by such conditions may result in the forfeiture of the Prize/Gift.
3.9 Winners are not entitled nor authorized in any way to commit Provider to any contract, expense or cost entered into or incurred without its advance written acceptance of the same.
3.10 No Prize or Gift will be awarded to any Entrant who:
3.10.1 for any reason, would not be allowed by applicable law to receive and/or use the Prize/Gift or where the supply of the Prize/Gift to that Entrant would be unlawful; or
3.10.2 has opted out of or self-excluded from playing, participating in or receiving communications about our products or services, or where the Prize or Gift in question can be won through the use of such products and services.
3.11 Any Entrant in receipt of a Prize/Gift as part of any Promotion bears sole responsibility for all duties, taxes or charges that may be payable to any relevant authority, whether applied as a withholding tax from the payment of Prize/Gift or as tax in respect of the receipt of the Prize/Gift, in accordance with applicable laws. If we are required to withhold tax from the Prize/Gift, the amount you receive may be less than the advertised Prize/Gift.
4. Health and Safety
4.1 You must comply with all health and safety guidelines and/or instructions as may be given by Provider or which you should otherwise be aware of concerning your participation in this Promotion and adhere to any applicable legal and regulatory requirements as necessary. Failure to comply with any direction given may result in your disqualification from the Promotion.
4.2 You must take all reasonable steps to ensure your own health and safety when taking part in any events or activities forming part of the Promotion or the Prize. Any behavior or act or conduct by you which Provider considers to pose any medical, security or safety risk (including without limitation any abusive behavior, physical or psychological) will lead to your immediate disqualification.
4.3 You are obliged to take all reasonable steps to ensure your safety standards and the general appropriateness of participating in the Promotion and acknowledge that participation in the Promotion is undertaken at his/her own risk.
4.4 You must notify Provider of any medical or other condition which may mean that you are unfit to participate in the Promotion as soon as you become aware of such a condition. Provider reserves the right to forfeit your place in the Promotion or the awarding of a Prize to you (if applicable), without liability or compensation, if, in its sole opinion, you may expose yourself or others to risk of illness or injury or to the cancellation, disruption, or curtailment of the Promotion.
5. Ownership rights
5.1 This Clause 5 shall only apply in the event that a Promotion requires you to submit content for consideration by us as part of the method of entry for that Promotion and includes but is not limited to short stories, articles, blogs, audio-visual recordings, stills and photographs (collectively, “Content”).
5.2 You hereby warrant and undertake that you are the owner of all material and elements contained in the Content you may submit and that you are authorized to use and exploit the Content as part of the applicable Promotion and have secured all necessary permissions, authorizations and consents to include any person or material appearing in your Content. In addition, you confirm that by submitting the Content, you hereby grant TSG and the Stars Interactive Group an unconditional, irrevocable, non- exclusive, royalty-free, fully transferable, perpetual worldwide license to use, publish or transmit, or to authorize third-parties to use, publish or transmit the Content in any format and on any platform, either now known or hereinafter invented without any remuneration to you or any third party appearing in the Content in any way.
5.3 You warrant that your content shall not contain or include or make use of anyone under the age of 21 (twenty one) years of age be racist, obscene, derogatory, threatening in nature, harass, libel, deceive, fraudulent, invasive of another’s privacy, offensive, defamatory of any person, or otherwise contain or condone anything illegal or unlawful. You warrant that the personal video that you submit to us does not infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary or privacy right of any party or individual. You agree not to include or depict anything in your content: (i) which is intended to upset or harm others; (ii) that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of any classification, including, without limitation, religion, gender, sexual orientation, race, color, creed, ethnicity, national origin, citizenship, age, marital status, military status or disability; (iii) that would constitute, or would otherwise encourage, criminal conduct or give rise to civil liability; or (iv) which is intended for commercial purposes, including, without limitation, submitting any material to solicit funds or to promote, advertise or solicit the sale of any goods or services.
5.4 You acknowledge that when you send us your Content you are doing so at your own discretion and risk and that you are solely and fully liable for any elements contained in your Content. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any Content submitted by you in relation to this Promotion.
5.5 Following the submission of your Content, you acknowledge that we or authorized third parties on our behalf, reserve the right to refuse to publish, take down, cut, crop or edit your Content at our sole discretion (and you permit us to carry out all of the same as we deem necessary) and we are under no obligation to use, upload, broadcast and/or transmit your Content on our Site or in any media.
6. Limitations of liability
6.1 BY PARTICIPATING IN ANY PROMOTION YOU HEREBY AGREE TO RELEASE, DISCHARGE AND HOLD HARMLESS TSG AND ANY STARS INTERACTIVE GROUP COMPANY ALONG WITH THEIR LEGAL REPRESENTATIVES, AFFILIATES, SUBSIDIARIES, AGENCIES AND RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM ANY COSTS, EXPENSES DAMAGES, LOSSES CLAIMS, ACTIONS OR PROCEEDINGS BROUGHT BY YOU (OR ANY THIRD PARTY ON YOUR BEHALF) (“CLAIMS”), AS A RESULT OF YOUR PARTICIPATION IN ANY PROMOTION AND /OR ANY PRIZE/GIFT THAT MAY BE AWARDED TO YOU AS A RESULT THEREOF AND TSG AND THE STARS INTERACTIVE GROUP FULLY EXCLUDES ANY LIABILITY IN RELATION TO ANY SUCH CLAIMS (OTHER THAN PAYMENT OF ANY COSTS AND EXPENSES SPECIFICALLY PROVIDED AS PART OF THE PRIZE (IF ANY) WITH RESPECT TO THE PROMOTION). THIS LIMITATION DOES NOT INCLUDE ANY LIABILITY ON THE PART OF TSG AND THE STARS INTERACTIVE GROUP TO YOU FOR: (I) NEGLIGENCE; (II) DEATH OR PERSONAL INJURY ARISING OUT OF TSG’S AND THE STARS INTERACTIVE GROUP’S NEGLIGENCE OR THE NEGLIGENCE OF ITS EMPLOYEES; (III) FRAUDULENT MISREPRESENTATION; OR (IV) ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.
6.2 SAVE AS PERMITTED UNDER CLAUSE 6.1 ABOVE, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, IN NO EVENT WILL TSG AND THE STARS INTERACTIVE GROUP COMPANY INCLUDING, WITHOUT LIMITATION, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS, BE LIABLE TO YOU OR ANY PARTY FOR: (I) ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF BUSINESS AND OTHER PROFITS, LOSS OF PROGRAMS, COST OF REPLACING EQUIPMENT OR SOFTWARE OR LOSS OF RECORDS, INFORMATION OR DATA), OR ANY OTHER DAMAGES ARISING IN ANY WAY FROM OR IN RELATION TO YOUR PARTICIPATION IN ANY PROMOTION (OR INABILITY TO DO THE SAME), EVEN IF SUCH PARTIES SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE APPLICABLE PROMOTION.
6.3 PROVIDER SHALL NOT BE LIABLE TO YOU TO PERFORM ANY OF ITS OBLIGATIONS UNDER THE PROMOTION OR IN RESPECT OF THE PRIZE/GIFT WHERE IT IS UNABLE TO DO SO AS A RESULT OF CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL AND WHILE PROVIDER MAY ENDEAVOUR TO PROVIDE AN ALTERNATIVE PRIZE/GIFT, IT SHALL NOT BE LIABLE TO COMPENSATE ANY ENTRANT WHERE IT FAILS TO DO SO IN SUCH CIRCUMSTANCES.
6.4 YOU HEREBY AGREE TO INDEMNIFY TSG AND ANY STARS INTERACTIVE GROUP COMPANY ALONG WITH THEIR LEGAL REPRESENTATIVES, AFFILIATES, SUBSIDIARIES, AGENCIES AND RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AGAINST ALL COSTS, LOSSES, DAMAGES, EXPENSES AND LIABILITIES (INCLUDING FOR LOSS OF REPUTATION AND GOODWILL AND PROFESSIONAL ADVISORS FEES) SUFFERED BY THEM AND ARISING AS A RESULT OF A BREACH BY YOU OF YOUR OBLIGATIONS UNDER THESE RULES, THE EULA, THE TOURNAMENT RULES OR THE SPECIAL TERMS OR IN CONNECTION WITH YOUR FAILURE TO FOLLOW ANY INSTRUCTIONS GIVEN BY PROVIDER OR IN RELATION TO ANY MATTER CONCERNING YOUR PARTICIPATION IN A PROMOTION.
7.1 If an Entrant wishes to make a complaint concerning any aspect of a Promotion including but not limited to all matters relating to the awarding of the Prize/Gifts, an Entrant’s eligibility to participate in the Promotion, the conduct of any Entrant, these Rules, the EULA, the Tournament Rules or the Special Terms, please contact email@example.com for PokerStars or firstname.lastname@example.org for PokerStars Casino. Provider will investigate any complaint received and will provide you with a response within 5 calendar days of receipt of such complaint. In the event that an Entrant’s complaint has not been satisfactorily dealt with by Provider, the Entrant may, after exhausting all reasonable means made available to it by Provider, download and complete the Internet Dispute Form which is available on the PGCB’s website, located at gamingcontrolboard.pa.gov.
7.2 Should these Rules state that the use of a judging panel will be required to determine a winner based on subjective analysis or interpretation, we will appoint one independent individual to the judging panel.
7.3 By participating in any of our Promotions, you hereby grant to Provider the right to use your name, likeness, voice and image in marketing and promotion campaigns in any media whatsoever without compensation and you expressly waive any claims or right to any action against Provider pertaining to such use in any way.
7.4 These Rules, the EULA, the Tournament Rules and any applicable Special Terms represent the entire agreement between you and Provider relating to each Promotion that you participate in and supersedes all prior representations, agreements, negotiations or understandings (whether oral or in writing) between Provider and you. Except as specifically set out herein, all conditions, warranties, representations and terms (whether expressed or implied by law) are fully excluded. The invalidity, illegality, or unenforceability of the whole or any part of these Rules does not affect or impair the continuation in force of the remainder of the Rules.
7.5 Provider reserves the right, at any time, to alter these Rules, the EULA, Tournament Rules or the Special Terms at is sole discretion, including to cancel, modify or suspend any Promotion if, in its sole discretion, Provider believes that the Promotion is not capable of being conducted as specified. Any changes to any Promotion shall be made on the Site and your continued participation in that Promotion shall be deemed an acceptance of any proposed changes, modification or alterations.
7.6 These Rules and any matters relating hereto shall be governed by, and construed in accordance with the laws of the Commonwealth of Pennsylvania. You hereby irrevocably agree that, subject as provided below, the courts of the State of New Jersey shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning this Promotion and any matter arising therefrom and irrevocably waive any right that you may have to object to an action being brought in those courts, or to claim that the action has been brought in an inconvenient forum, or that those courts do not have jurisdiction. THE PARTIES HEREBY WAIVE ANY RIGHT TO REQUEST A TRIAL BY JURY IN ANY LITIGATION WITH RESPECT TO ANY ASPECT OF THIS AGREEMENT.