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EPT BARCELONA SILVER PASS ALL-IN SHOOTOUT

Competition Terms and Conditions

The Competition

1. These Competition Terms and Conditions (“Competition Terms”) set out the Terms and Conditions on which eligible participants may enter an ‘all-in shootout’ poker tournament at EPT Barcelona 2024 (the “Competition”) for a chance to win a PokerStars Power Pass (the “Prize”).

2. The Promoter of the Competition is Global Poker Tours Limited, an Isle of Man company having its registered office at Douglas Bay Complex, King Edward Road, Onchan, Isle of Man, IM3 1DZ (the “Promoter”, “we”, “us” or “our”). The Promoter is part of the group of companies that are controlled, directly or indirectly, by Flutter Entertainment PLC (“Flutter Group”).

3. In these Competition Terms, a reference to “you”, “your”, “participant” or “winner” is a reference to persons wishing to participate in the Competition. 

4. Participation in the Competition is expressly conditioned upon your acceptance of, and compliance with all requirements set out in these Competition Terms and the PokerStars Live General Customer Terms found at www.pokerstarslive.com/tos and the PokerStars online General Customer Terms applicable to your Stars Account (as defined below) found at:

(together, the “Site T&Cs”). You may be required to sign paperwork issued by the Promoter.

Competition Period

5. The Competition begins at 12:00 CEST on Monday 26th August 2024 and ends at 23:59 CEST on Thursday 29th August 2024 (the “Competition Period”). 

Eligibility

6. To be eligible to enter the Competition, you must:

  1. be at least 18 years old;

  2. be a participating player in the Estrellas Main Event of EPT Barcelona 2024;

  3. have a registered, verified and validated account on www.pokerstarslive.com (“Live Account”);

  4. have a registered, verified and validated account on any of the following PokerStars online sites: www.pokerstars.com, www.pokerstars.es, www.pokerstars.fr, www.pokerstars.it, www.pokerstars.ro, and www.pokerstars.uk (“Stars Account”); and

  5. if your Stars Account is registered on www.pokerstars.es, be a resident of Spain and have real money play approved on your Stars Account for at least 30 days; and

  6. not be, for any reason, barred from, or have not opted out of or self-excluded from, playing, participating in or receiving communications about PokerStars products or services,

(together, the “Eligibility Criteria”).

7. Employees and relatives and/or affiliates of employees of the Flutter Group are not permitted to participate in the Competition. 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).

8. We reserve the right to ask participants for any proof of identification, age and address, and to conduct any ID and security checks on participants, as we see fit to confirm participants comply with the Eligibility Criteria. Failure by a participant to meet the Eligibility Criteria, in our sole discretion (and as verified by us), and provide any information and documentation requested by us at any stage of the Competition will result in that participant being disqualified from the Competition.

Entry Requirements

9. To participate in the Competition, during the Competition Period you must:

  1. connect your Live Account to your Stars Account either via the registration desk at EPT Barcelona 2024 or the PokerStars Live app (if not already connected); and

  2. compete against other participating players in one of the ‘all-in shootout’ poker tournaments scheduled to take place on various tables during the Estrellas Main Event of EPT Barcelona 2024,

(together, the “Entry Requirements”).

10. The Entry Requirements may be repeated for multiple Competition entries during the Competition Period (by entering multiple flights of the Estrellas Main Event).

The Prize

11. The winner of the ‘all-in shootout’ poker tournament you have participated in will receive a Power Pass envelope. The Power Pass envelope will contain either a Bronze Power Pass ($109/€100 value) or a Silver Power Pass ($2,500/€2,300) and is randomly decided. There will be a total of 16 Power Passes given away (14 Bronze Power Passes and 2 Silver Power Passes) – 2 per flight of the Estrellas Main Event.

12. You bear 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 the Prize or as tax in respect of the receipt of the Prize, in accordance with applicable laws. If we are required to withhold tax from the Prize, the amount you receive may be less than the advertised Prize.

13. We will be entitled, acting reasonably, to provide to you a cash alternative for the Prize, including where it is unavailable or in circumstances where providing the Prize 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. Any cash alternative offered will be equal to the retail value of the Prize.

14. The Prize is non-transferable and non-refundable, and must not be given, assigned, sold to or exchanged with any other person.

Claiming the Prize

15. The winner can claim their Prize by inserting their full name and the username of their Stars Account into the claim card provided in the Power Pass envelope and presenting the completed claim card to the dealer at the table of the ‘all-in shootout’ poker tournament before the end of the Competition Period (“Claim Period”).

16. Once successfully claimed, the winner will receive in their Stars Account a promotional chest (“Chest”) containing the Prize by 18th September 2024.

17. It is the responsibility of winners to ensure that they claim their Prize within the Claim Period, and the information for delivery of the Prize is valid and correct. If a winner fails to complete the actions required to claim their Prize or provide valid and correct information for delivery within the Claim Period, the Prize will be void. Void Prizes may be redrawn and offered to another winner or offered in another promotion.

Redeeming the Prize

18. Bronze and Silver Power Passes can be used to enter select PokerStars online tournaments.

19. Bronze and Silver Power Passes will expire 30 and 500 days, respectively, after being issued to your Stars Account. A Power Pass will not hold any value and will not be redeemable if you fail to use it by the end of the relevant expiration period.

20. Additionally, Chests must be opened within 30 days of being issued to your Stars Account. A Chest (including the Prize contained within it) will expire If you fail to open it by the end of this expiration period.

Ownership Rights

21. If the entry requirements of the Competition require you to submit content created by you as part of a submission (“Content”), you hereby warrant and represent that you are the owner of all intellectual property rights and other materials contained in the Content and/or that you are authorized and have all written permissions required for us to use and exploit the Content as part of the Competition 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.

22. You warrant that your Content does not contain or include or make use of anyone under the age of 18, is racist, obscene, derogatory, threatening in nature, or harass, libel, deceive, defraud or invade another's privacy, is offensive, blasphemous, defamatory of any person, or otherwise contains or condones 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, colour, 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 of 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.

23. You acknowledge that when you send or otherwise share with us your Content in connection with this Competition, 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 Competition.

24. 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).

Additional Terms

25. Conduct of participants. If you are found to be in breach of the Competition Terms or the Site T&Cs, we discover that you have breached the Site T&Cs prior to the start of the Competition Period, or we discover or reasonably believe that you have acted deceitfully or dishonestly with respect to the Competition, we will be entitled to: (i) exclude, suspend or disqualify you from the Competition; and (ii) exclude you from any or all future Competitions. The decision as to what activity or behaviour constitutes a breach of these Competition Terms or what constitutes an act of deceit or dishonesty in relation to any conduct by you while participating in the Competition rests solely with us and in our sole discretion.

26. Health and safety. You must comply with all health and safety guidelines provided by us or that you should otherwise be aware of concerning your participation in the Competition and use of the Prize, and you must adhere to any applicable legal and regulatory requirements as necessary. Failure to comply with any direction given may result in your disqualification from the Competition.

27. Limitation of Liability. By participating in the Competition, you hereby agree to release, discharge and hold harmless the Promoter, and the legal representatives, affiliates, subsidiaries, agencies and respective officers, directors, employees and agents of the Flutter 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 Competition and/or receipt of the Prize 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 (if any) with respect to the Competition. 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.

28. Save as permitted under paragraph 27 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 the Flutter 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 any competition (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 Competition.

29. We will not be liable to you for any failure to perform any of our obligations under the Competition or in respect of the Prize 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, we shall not be liable to compensate any participant where we fail to do so in such circumstances.

30. You hereby agree to indemnify and hold harmless the Flutter Group, the legal representatives, affiliates, subsidiaries, agencies and respective officers, directors, employees of the Flutter Group 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 advisers' fees and costs) incurred and/or suffered by us arising as a result of a breach by you or failure to perform or comply with your obligations under the Competition Terms and/or in connection with your failure to follow any instructions given by us or in relation to any matter concerning your participation in the Competition.

31. Data Privacy. The personal information supplied by you when entering or during the Competition will be processed, stored and used by us in accordance with the privacy policy for PokerStars Live located at https://www.pokerstarslive.com/privacy. If we wish for you to take part in any publicity or marketing campaigns in relation to your participation in the Competition, we will seek your written consent for any such use beforehand.

32. Changes to the Competition Terms. We reserve the right at any time to make minor amendments or alterations to the Competition Terms to correct errors or improve their clarity and comprehension for the benefit of participants. Furthermore, but in all cases acting reasonably, we may alter the Competition Terms, as well as cancel, modify or suspend the Competition or withdraw a Competition for specific participants, if: (a) we reasonably believe that the Competition is being abused by an individual or group of individuals which undermines the integrity of the Competition; (b) we are 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 Competition provided that the reason is sufficiently serious such as a failure of our systems or due to manifest error. Any proposed material changes to the Competition Terms will be either notified to you directly. Any amendment, alteration or withdrawal of the Competition will not adversely impact participants who have already opted in to the Competition except in cases which are beyond our control (e.g. for legal and/or regulatory reasons).

33. Disputes. Without prejudice to any rights or remedies you may have under applicable law, in case of disputes or disagreements between you and us concerning any aspect of the Competition, including but not limited to any and all matters relating to the awarding of the Prize, a participant's eligibility to participate in the Competition, the conduct of any participant, or the Competition 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.

34. Governing Law and Jurisdiction. Subject as provided below, any claims or disputes, issues and questions concerning the construction, validity, interpretation and enforceability of the Competition Terms, or the rights and obligations of you and the Promoter in connection with the Competition, will be governed by and construed in accordance with the laws of England and Wales, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws. The courts of England and Wales will have exclusive jurisdiction in relation to the same. If you are not a UK resident, nothing in the Competition Terms will affect your right to rely on any mandatory provisions of law which apply within your country of residence to the extent such provisions allow you to elect your country of residence’s laws and courts for the governing law and jurisdiction of the Competition Terms.

35. Entire Agreement. These Competition Terms represent the entire agreement between you and us relating to the Competition 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 the Competition Terms does not affect or impair the continuation in force of the remainder of the Competition Terms.