GENERAL TERMS AND CONDITIONS

Below are the general terms and conditions (“Rules”) that apply to all offers, prize benefits and competitions (collectively, “Offers”) that are advertised on or accessible through our site (“Site”) and/or via the GUI software (the “Client”). Each Offer is organised by TSG Interactive Plc (“we”/”us”/“our”/“our company”), which owns and operates the Site. Where used and the context allows, the term “Group” means TSG Interactive Plc together with its subsidiaries and any holding company of TSG Interactive Plc and any subsidiary of such holding company and any company associated with the group of companies known as “The Stars Group”.

In order to participate in any Offer, 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 tournament rules governing participation in any tournament on the Site (“Tournament Rules”); and (iv) any special terms and conditions relevant to the individual Offer as may be displayed on the Site (“Special Terms”).

1. Eligibility

1.1 To take part in any Offer you must be 18 years of age or of applicable legal age of majority in the jurisdiction you reside in (whichever the greater). 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 our Security team. If you are unable to produce any such document(s) to our reasonable satisfaction, you will be automatically excluded from the Offer and may forfeit any privileges, prizes or funds that have been allocated to you without compensation of any kind.

1.2 Each Entrant for an Offer must be the same person whose name appears on the Player Account (“Stars Account”) that is registered on our Site to take part in the Offer (to the extent that a Stars Account is necessary in accordance with the Special Terms). By taking part in an Offer, you hereby confirm to us that your name, address and personal details as registered on and set out in your Stars Account are correct and up to date. If you are unable to produce valid proof of your name, address or other personal details to our reasonable satisfaction, you will be excluded or disqualified from the Offer.

1.3 Employees and relatives of employees of the Group and any entities affiliated or related to the Group are not permitted to participate in any Offer. 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 Where persons located in a particular jurisdiction are prohibited from taking part in any Offer or where an Offer only applies to a particular jurisdiction, this will be specified in the Special Terms.

2. Conduct of Entrants

2.1 You may only have one Stars Account with us, and you must use that Stars Account so as to take part in the Offer. Furthermore, you must not permit another person to take part in the Offer using your Stars Account.

2.2 If we become aware of any fraud, deceit, misconduct, dishonesty or similar action concerning your participation in the Offer or where you breach these Rules, the EULA or the Tournament Rules, then we reserve 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 us forthwith upon notification to do so by us.

2.3 Throughout the duration of any Offer, strict rules regarding the behaviour of all Entrants will be enforced by our team and/or our designees. We reserve the right to take any action we deem 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 Offer and such action may include but shall not be limited to exclusion, suspension or disqualification from the Offer 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 behaviour constitutes a breach of these Rules or the Offer or what constitutes an act of deceit or dishonesty in relation to any conduct by an Entrant while participating in this Offer rests solely with us and in our sole discretion.

3. Prizes/Gifts

3.1 We will set out on the Site, the duration as well as the final date for entry into each Offer or the number of entries we will accept before closing the Offer. This information will be available 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 Offer 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 Offer) 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 Offer in the Special Terms. It is each Entrant’s responsibility to ensure that the contact details and email address contained in their Stars 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 Stars Account only or posted to the address linked to your Stars Account (as may be applicable).

3.5 Prizes/Gifts must be claimed within 30 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 Offer.

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 Offer. If you are to receive a Prize/Gift, it will be sent to you no later than 60 (sixty) days from the conclusion of the Offer. 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 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 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 us to any contract, expense or cost entered into or incurred without our 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 Offer 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 us or which you should otherwise be aware of concerning your participation in this Offer 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 Offer.

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 Offer or the Prize/Gift. Any behaviour or act or conduct by you which we consider to pose any medical, security or safety risk (including without limitation any abusive behaviour, 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 Offer and acknowledge that participation in the Offer is undertaken at his/her 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 Offer as soon as you become aware of such a condition. We reserve the right to forfeit your place in the Offer or the awarding of a Prize/Gift to you (if applicable), without liability or compensation, if, in our sole opinion, you may expose yourself or others to risk of illness or injury or to the cancellation, disruption, or curtailment of the Offer.

5. Ownership rights

5.1 This Clause 5 shall only apply in the event that an Offer requires you to submit content for consideration by us as part of the method of entry for that Offer 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/or that you are authorized and have written permission to use and exploit the Content as part of this Offer 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 us an unconditional, irrevocable, non- exclusive, royalty-free, fully transferable, perpetual worldwide license to use, publish or transmit, or to authorise 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 18 (eighteen) years of age be racist, obscene, derogatory, threatening in nature, harass, libel, deceive, defraud or invade another’s privacy, be offensive, defamatory of any person, or otherwise contain or condone anything illegal or unlawful. You warrant that any video material 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 victimises, 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 encourage, 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 the Offer.

5.5 Following the submission of your Content, you acknowledge that we or authorised 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 Offer you hereby agree to release, discharge and hold harmless our company, its legal representatives, affiliates, subsidiaries, agencies and respective officers, directors, employees and agents of our Group, 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 Offer 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 Offer). 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.

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 Group or our affiliates, 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 the Offer (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 Offer.

6.3 We shall not be liable to you for any failure to perform any of our obligations under the Offer 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 endeavour 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 our company, its legal representatives, affiliates, subsidiaries, agencies and respective officers, directors, employees of our Group against all costs, losses, damages, expenses and liabilities (including for loss of reputation and goodwill and professional advisors fees) suffered by us 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 our team or in relation to any matter concerning your participation in an Offer.

7. Miscellaneous

7.1 In case of disputes or disagreements concerning any aspect of an Offer including but not limited to all matters relating to the awarding of the Prize/Gifts, an Entrant’s eligibility to participate in the Offer, the conduct of any Entrant, these Rules, the EULA, the Tournament Rules or the Special Terms, the final decision shall lie with our team and any decision by us shall be final and binding upon you and shall not be subject to review or appeal by you or any third party.

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 In the event that you win any Offer on our Site, you hereby acknowledge and consent to us using your personal details (such as but not limited to your name, username as well as country of origin) to identify you as a winner, in line with any requirements under applicable laws. Note however that if we wish for you to take part in any publicity or marketing campaigns in relation to your participation in any such Offer, we will seek your written consent for any such use beforehand.

7.4 These Rules, the EULA, the Tournament Rules and any applicable Special Terms represent the entire agreement between you and us relating to each Offer 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.

7.5 We reserve the right, at any time, to alter these Rules, the EULA, Tournament Rules or the Special Terms at our sole discretion, including to cancel, modify or suspend any Offer if, in our sole discretion, we believe that the Offer is not capable of being conducted as specified. Any changes to any Offer shall be made on the Site and your continued participation in that Offer 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 Bulgarian law. You hereby irrevocably agree that, subject as provided below, the courts of Bulgaria shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning this Offer 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. Nothing in this clause shall limit our right to take proceedings against you in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.

If you have any questions about any offer, please contact Support.

Updated March 2020.