GENERAL TERMS AND CONDITIONS FOR KKPOKER PROMOTIONS
Below are the general terms and conditions (the "Rules") that apply to all offers, prize promotions and competitions (collectively, "Promotions") that are advertised on or accessible through the website kkpoker.net and/or KKPoker app (the "Site”). Each Promotion is organized by KKPoker ("we"/"us"/"our"/"our company").
In order to participate in any Promotion, each entrant ("Entrant"/"you"/"User") hereby agrees to be bound by the following: (i) these Rules; (ii) the User Agreement of KKPoker, including but not limited to the Terms of Service ("User Agreement"); and (iii) any special terms and conditions relevant to the individual Promotion as may be displayed on the Site and/or published on KKPoker ("Special Terms").
1.1 To take part in any Promotion you must: (a) reside in and play from a jurisdiction within which it is legal for you to both play on KKPoker and take part in the Promotion; (b) be at least 18 (eighteen) years of age or of applicable legal age of majority in the jurisdiction you reside in (whichever is greater); (c) satisfy any eligibility and/or verification criteria set out in any relevant Special Terms; and (d) follow the instructions and meet the requirements set out in any relevant Special Terms.
1.2 Each Entrant for a Promotion must be the same person whose name appears on the player account ("KKPoker Account") that is registered on KKPoker to take part in the Promotion (to the extent that a KKPoker Account is necessary in accordance with the Special Terms). By taking part in a Promotion, you hereby confirm to us that your name, address and other personal details as registered on and set out in your KKPoker Account are correct and up to date. If you are unable to produce valid proof of your name, address or other personal details upon request and to our reasonable satisfaction, you will be automatically excluded or disqualified from the Promotion and may forfeit any privileges, prizes or funds that have been allocated to you.
1.3 Employees and relatives and/or affiliates of employees of the company are not permitted to participate in any Promotion. For the purpose of this clause, the term 'relative' shall mean but not be limited to spouse, partner, parent, cousin, child or sibling and 'affiliates' shall include, but not be limited to, such an employee's housemate(s) or co-habitee(s).
1.4 Where persons located in a particular jurisdiction are prohibited from taking part in any Promotion or where a Promotion only applies to a particular jurisdiction, this will be specified in the Special Terms.
1.5 For the avoidance of doubt, where any Promotion involves: (i) free-to-play route of entry; or (ii) real money play requirement to participate, and in either case, where a prize of money or money's worth is offered, then residents of the countries in any of these restricted jurisdictions, are expressly prohibited from taking part in any such Promotions.
2. Conduct of Entrants
2.1 If you are found to be in breach of these Rules, the User Agreement or the Special Terms or we discover or reasonably believe that you have acted deceitfully or dishonestly with respect to the Promotion, we shall be entitled to (i) exclude, suspend or disqualify you from the Promotion; and (ii) exclude you from any or all future Promotions. The decision as to what activity or behavior constitutes a breach of these Rules or the Special Terms or what constitutes an act of deceit or dishonesty in relation to any conduct by you while participating in the Promotion rests solely with us and in our sole discretion.
2.2 We have a zero tolerance policy on activity which is designed to take advantage of Promotions by seeking to guarantee profit regardless of the outcome (whether that activity is conducted by you acting alone or as part of a group) ("Improper Advantage Play"). Where we have reason to believe you have carried out Improper Advantage Play, we shall be entitled to: (i) reclaim the Promotion and any prize, winnings or other rewards relating to the Promotion from your KKPoker Account; and (ii) close your KKPoker Account in accordance with the Terms of Service.
3.1 The duration, as well as the final date for entry into each Promotion, any limit on the number of entries (per Entrant and/or in general) we will accept before closing the Promotion, any relevant entry fee, the specific instructions for a valid participation in each Promotion, a description of each prize ("Prize") or reward on offer ("Gift") and details on how winner(s) will be selected, will be set out in the Special Terms that will be displayed for each Promotion on our Site.
3.2 For the avoidance of doubt, Prizes, Gifts and/or all other items, which may be given away as part of the Promotion, are non-transferable and non-refundable, and shall not be given, assigned, sold to or exchanged with any other person(s).
3.3 We shall be entitled, acting reasonably, to provide a cash alternative for any Prize or Gift, including where the original Prize or Gift is unavailable or in circumstances where providing the Prize or Gift would pose an excessive financial or logistical burden on us. You will not have the right to require payment of a 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 Unless otherwise stated in the Special Terms, winners of Prizes/Gifts will be notified within 30 (thirty) days from winning by way of notification on KKPoker, phone, email or other form of communication, as may be stipulated for each Promotion in the Special Terms. It is each your responsibility to ensure that the contact details and email address contained in your KKPoker Account and those contact details that they may have declared when entering into a Promotion and/or during the Promotion are valid and correct. We will not dispatch a Prize/Gift until you have been notified of your winnings and the Prize or Gift will be credited to your KKPoker Account or posted to the address registered to your KKPoker Account (as may be applicable).
3.5 Prizes/Gifts must be claimed within 30 (thirty) days from when you are notified of your Prize/Gift unless otherwise stated in the Special Terms and/or in a notification you receive from us. 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 you are 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, unless otherwise stated in the Special Terms. Where the Prize/Gift is to be credited to your KKPoker Account, this will be actioned as soon as practicable and in accordance with the Special Terms. Note that if an element of a Prize/Gift may relate to an event taking place at a future date, you may not be able to use the Prize/Gift or part of the Prize/Gift until such future date.
3.7 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 we 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 us with regards to conditions governing the Prize and/or Gift and/or the use of any element of the Prize and/or Gift. Failure to abide by such conditions may result in the forfeiture of the relevant Prize/Gift.
3.8 Winners are not entitled nor authorized in any way to commit us to enter into any contract or incur any expense or cost without our advance written acceptance of the same.
3.9 No Prize or Gift will be awarded to any Entrant who:
3.9.1 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
3.9.2 has opted out of or self-excluded from playing, participating in or receiving communications about our products or services, where the Prize or Gift in question can be won through the use of such products and services.
3.10 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 - Events and Holiday Prizes
4.1 You must comply with all health and safety guidelines and/or instructions as may be given by us or which you should otherwise be aware of concerning your participation in the 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/Gift. Any behavior or act or conduct by you which we consider to pose any medical, security or safety risk (including without limitation any abusive behavior, physical or psychological) will lead to your immediate disqualification from a Promotion.
4.3 You are obliged to take all reasonable steps to ensure any relevant safety standards and the general appropriateness of participating in the Promotion are met, and you acknowledge your participation in the Promotion is undertaken at your own risk.
4.4 You must notify us 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. We shall be entitled, acting reasonably, to forfeit your place in the Promotion or the awarding of a Prize or Gift to you (as applicable), without liability or compensation, if, in our reasonable opinion, you may expose yourself or others to risk of illness or injury or to cause by any means 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 may include but is not limited to short stories, articles, blogs, audio-visual recordings, stills and photographs (collectively, "Content").
5.2 You hereby warrant and represent that you are the owner of all intellectual property rights and other materials contained in the Content submitted by you and/or that you are authorized and have all written permissions required for us to use and exploit the Content as part of any Promotion and have secured all necessary permissions, authorizations and consents required by us to include any person (including their names, images, performances, voices, trademarks, likeness and/or biographies) appearing in your Content. In addition, you confirm that by submitting the Content, you hereby grant us an unconditional, irrevocable, non- exclusive, royalty-free, fully paid up, fully transferable, perpetual, worldwide right and 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 person (in the broadest sense, including without limitation individuals, companies, partnerships and other entities) 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 18, be racist, obscene, derogatory, threatening in nature, or harass, libel, deceive, defraud or invade another's privacy, be offensive, blasphemous, defamatory of any person, or otherwise contain or condone anything harmful (including viruses and/or similar contaminants), illegal, unlawful and/or anything that infringes the rights of any person. You warrant that any Content 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 the 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 breach any applicable law; or (iv) which is intended for commercial purposes, including, without limitation, to solicit funds or to promote, advertise or solicit the sale of any goods or services.
5.4 You acknowledge that when you send or otherwise share with us your Content in relation to any Promotion, you are doing so at your own discretion and risk and that you are solely and fully liable for any material 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 the Promotion.
5.5 Following the submission of your Content, you acknowledge that we or authorized third parties acting on our behalf, reserve the right to refuse to publish, take down, cut, crop or edit your Content at our sole discretion or at their discretion in case of authorized third parties acting on our behalf. You permit us to carry out any and all of the above-mentioned actions as we may deem necessary) and we are under no obligation to use, upload, broadcast and/or transmit your Content on our Site or in any media (including our social media platforms).
6. Limitations of liability
6.1 By participating in any Promotion, including the submission of any Content, you hereby agree to release, discharge and hold harmless our company, the legal representatives, affiliates, subsidiaries, agencies and respective officers, directors, employees and agents of the company, 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 the Promotion and/or any Prize/Gift that may be awarded to you as a result thereof and we fully exclude any liability in relation to any such Claims (other than payment of any costs and expenses specifically provided as part of the Prize/Gift (if any) with respect to the Promotion). This limitation does not include any liability on the part of us to you for: (i) negligence; (ii) death or personal injury arising out of our negligence or the negligence of our employees; (iii) fraudulent misrepresentation; or (iv) any liability that cannot be excluded or limited by applicable law. For the avoidance of doubt, this clause 6.1 shall also apply in respect of any Prize and/or Gift provided by a third party.
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 we or our affiliates, including, without limitation, their respective officers, directors, employees, successors and assigns, be liable to you or any party (including any third party participating in the Content) 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 we have been advised of the possibility of such damages; or (ii) any claim attributable to errors, omissions, or other inaccuracies in the Promotion.
6.3 We shall not be liable to you for any failure to perform any of our obligations under the Promotion or in respect of the Prize/Gift where we are unable to do so as a result of circumstances beyond our reasonable control and whilst we may endeavor to provide an alternative Prize/Gift, we shall not be liable to compensate any Entrant where we fail to do so in such circumstances.
6.4 You hereby agree to indemnify and hold harmless our company, the legal representatives, affiliates, subsidiaries, agencies and respective officers, directors, employees of the company or its affiliates from and against any and all costs, losses, damages, expenses, fines from any regulatory authorities and liabilities (including for loss of reputation and goodwill and professional advisors fees and costs) incurred and/or suffered by us arising as a result of a breach by you of or failure to perform or comply with your obligations under these Rules, the User Agreement and/or the Special Terms or in connection with your failure to follow any instructions given by us or in relation to any matter concerning your participation in a Promotion.
7.1 In case of disputes or disagreements concerning any aspect of a Promotion including but not limited to any and 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 User Agreement or the Special Terms, the final decision shall lie with us and any decision made by us shall be final and binding upon you and shall not be subject to review or appeal by you or any third party. For the avoidance of doubt, this is without prejudice to any rights or any remedies you may have under applicable law.
7.3 These Rules, the User Agreement and any applicable Special Terms represent the entire agreement between you and us relating to each Promotion that you participate in and supersedes all prior representations, agreements, negotiations or understandings (whether oral or in writing) between us and you. Except as specifically set out herein, all conditions, warranties, representations and terms (whether expressed or implied by law) are fully excluded. The invalidity, illegality, or unenforceability of the whole or any part of these Rules does not affect or impair the continuation in force of the remainder of the Rules.
7.4 We reserve the right to withhold Prizes/Gifts if there is reason to suspect that a deposit is fraudulent, or that it has not been made with the intention of using it to play real money games on our Site.
7.5 We reserve the right at any time to make minor amendments or alterations to these Rules or Special Terms to correct errors or improve their clarity and comprehension for the benefit of our players and/or Entrants. Furthermore but in all cases acting reasonably, we may alter these Rules or the Special Terms, as well as cancel, modify or suspend any Promotion or withdraw a Promotion for specific players and/or Entrants, if; (a) we reasonably believe that the Promotion is being abused by an individual or group of individuals which undermines the integrity of the Promotion; or (b) required to do so as a result of any legal or regulatory change; or (c) there are other valid reasons that prevent us from continuing the Promotion provided that the reason is sufficiently serious such as a failure of our systems or due to manifest error. Any proposed material changes to these Rules or Special Terms will be either notified to you directly and/or published on our Site. Note that any amendment, alteration or withdrawal of a Promotion will not adversely impact Entrants who have already opted in to that Promotion except in cases which are beyond our control (e.g., for legal and/or regulatory reasons).
7.6 In the event of any conflict or inconsistency between these Rules and the Special Terms, the terms and conditions set forth in the Special Terms shall prevail.
If you have any questions about a Promotion, please contact email@example.com.
Last Updated: September 29, 2021