General Terms and Conditions (GTCs)

Transcription

1 General Terms and Conditions (GTCs) I. Object... 1 II. Use and services... 2 III. Data protection... 2 IV. Guarantee... 2 V. Liability... 3 VI. Prizes / Draws / Competitions... 3 VII. Protection of member account... 4 VIII. Inactive member accounts... 4 IX. Game rules... 4 X. User s obligations... 4 XI. Exclusion... 5 XII. Intellectual property... 5 XIII. Version / Amendments... 5 XIV. Assignment... 5 XV. Court of jurisdiction... 5 I. Object Grand Casino Baden AG operates Social Casino JackPots via the website and other websites with the name JackPots (hereinafter website ). All rights in connection with JackPots apply exclusively for Grand Casino Baden AG, Haselstrasse 2, 5400 Baden, Switzerland (hereinafter Grand Casino Baden ). Participants in the games and users of the website are referred to as users in the following. The object of these GTCs is the use of the website. Different online games are offered on the Website and there is the possibility to take part in prize draws, tournaments or other competitions. Other services are offered in this context, such as the creation of a profile page, printing credits or inviting friends. The following GTCs come into force as soon as the user ticks the accept box in the registration process. By using games or services, he confirms that he accepts these GTCs. When utilising services and products from partner companies, the user accepts the applicable general terms and conditions and/or terms of use of this partner company. The general terms and conditions in connection with the guest club GRANDWINNERS are governed separately and can be found at The object of these GTCs does not include issues with the hardware (e.g. PC, mobile telephones, tablets) or software of third parties (e.g. operating systems, web browsers, access software), the use of app stores of third parties (e.g. Google Play, itunes, Windows Store, Apple Store) or from the user s internet connection to the services resulting from the use of the websites and games because these services are not provided by Grand Casino Baden. Page 1

2 II. Use and services Registration for and use of the website is free. All natural persons over the age of 18, against whom there are neither any playing bans nor any local ban on access at a Swiss casino are entitled to use the website. Use of the games and services for purposes other than private entertainment, especially for profit-making purposes or other commercial purposes, is not permitted. Employees of the Stadtcasino Baden Group are not entitled to take part. There is no legal claim to use of the website. In order to use the website, the user must register and open an account (hereinafter member account ). The user must enter a username, his address and his date of birth for the member account and create a password. The username is apparent for other persons (e.g. on the leaderboard or on social media channels). The member account created is personal and cannot be assigned to another party. Each user may only create and use one member account. Likewise, he may only use the website and take part in games and services in his own name and not in the name of third parties. The user is not entitled to sell or otherwise pass on or confer his member account to third parties. The member account can be deleted by the user at any time by notifying the Grand Casino Baden in writing. III. Data protection Grand Casino Baden guarantees a careful handling of all personal data in every respect and complies fully with the legal requirements. By using the website, the user agrees to receive information from the Grand Casino Baden. The participant can change his preferred form of communication. Use of personal data is governed in the privacy policy. The privacy policy is an integral and binding part of these GTCs. IV. Guarantee The Grand Casino Baden performs its services diligently and professionally within the framework of its operational resources and foreseeable requirements provided that the Grand Casino Baden is not prevented from doing so by circumstances it is not responsible for. The user is aware that the Grand Casino Baden performs its services via the Internet or using communications networks. Namely, there can be temporary disruptions or interruptions in the service provided by Grand Casino Baden due to technical disruptions, breakdowns as well as disruptions or interruptions in communication networks and through a failure of IT infrastructures, telephone lines or other parts of the infrastructure used to provide the service. The Grand Casino Baden therefore gives no guarantee for the uninterrupted availability and faultlessness of its services. The Grand Casino Baden secures the systems against viral attacks. A viral attack can never be excluded entirely, however. It can also happen that unauthorised third parties send s using the name Grand Casino Baden without its consent, which could for example contain viruses or spyware or links to contents which contain viruses or spyware. The Grand Casino Baden has no influence on this. Page 2

3 V. Liability The Grand Casino Baden is only liable for direct damages which it caused culpably or negligently and which lie within its area of responsibility. Any further liability is excluded, provided this is permitted by law. Liability is expressly excluded for slight negligence and for indirect damages or consequential losses. Consequential losses include in particular lost profits, reputational damage and loss of data resulting from temporary disruptions or interruptions in the availability of the services from the website as a result of transmission failures and incorrect price or service information. Any liability of the Grand Casino Baden is also excluded for contents of third parties which refer to the website or which the website refers to. VI. Prizes / Draws / Competitions The Grand Casino Baden does not guarantee the user any wins. There is only a claim to pay out a win if such a win was expressly advertised by the Grand Casino Baden. The user will be informed about a win via . The user must enter contact details (first name, surname, full address and mobile number) in the settings on his profile page and switch on the appropriate communications channels in order to be shipped the prize. The user is obligated to provide a valid address in Switzerland. If the winnings require the winner to have reached the age of 18, the Grand Casino Baden can ask for proof of age. To do so, the user is obligated to send a copy of his identity card or passport. The Grand Casino Baden decides whether a prize will be delivered via post or personally at an agreed date. If the winner does not send the necessary data or a delivery or hand-over cannot take place for reasons which the Grand Casino Baden is not responsible for, or a delivery is returned because the wrong address was provided, or the address provided is not in Switzerland, any prize claim expires after 30 days. The claim to the prize also expires if the winner determined refuses to accept the prize. The same applies if it only transpires after drawing / determining the winner that a winner was excluded from participation or the requirements for exclusion are or were already met. Possible taxes or charges connected with the competition are borne exclusively by the user. The Grand Casino Baden does not assume any liability whatsoever for technical defects, incorrect transfers of data as well as for particular features or a particular usability of the winnings and prizes provided. In case of a win, the user authorises the Grand Casino Baden and its authorised persons to use the winner s name, images, photos, voice, opinions and/or residence and Canton globally in all media for advertising purposes and without making further payments or fees, provided there is no legal prohibition against this. Non-cash prizes cannot be paid out in cash or exchanged. A possible win is not transferable. If a prize advertised is not or is no longer available, a prize of the same value will be given. Legal action is excluded. Page 3

4 VII. Protection of member account Within the framework of the registration process, the user must enter a username, an address and a password in order to be able to login to the website. It is the user s sole responsibility to ensure that the login data is kept safe. The user may not share his login details with anybody. The Grand Casino Baden is not responsible for improper or incorrect use of the member account by third parties because the user intentionally or negligently and/or actively or passively disclosed his login details to third parties. The Grand Casino Baden excludes any liability for direct or indirect damages which are attributable to the loss of the password and/or its improper use. The Grand Casino Baden is entitled to assess any access using the user s data as access by the user himself. VIII. Inactive member accounts If no activities are logged on a member account for a period of six months, the member account will be considered to be inactive. The Grand Casino Baden can deactivate inactive member accounts at its own discretion. In this case, existing game credits, experience points, scratch cards, tickets for the monthly draw, coupons not redeemed and the like shall expire without compensation. IX. Game rules The game instructions and game rules of the respective games and services are published on the website or the game or service page. X. User s obligations The games and services provided are to be used in the same way as games played or services used in another environment. This means that the user shall behave politely and respectfully and avoid crudeness or obscenities. The user is obligated not to distribute any contents (for example images, videos, links, text) in connection with the website with advertising, political, religious, offensive, harassing, violent, sexist, pornographic or other morally objectionable or offensive, in particularly racist, as well as extreme right or extreme left contents, persons or representations. The user is not authorised to use the services for illegal or unauthorised purposes. In particular, he is not entitled to use the username or addresses of the users without their prior consent to send possibly unsolicited s, advertising messages or for other business or commercial purposes. Page 4

5 XI. Exclusion The Grand Casino Baden reserves the right to exclude users from using the website and to delete the account without stating reasons in case of suspicion of improper use, a breach of these GTCs or if false details are provided. Possible existing game credits, experience points, scratch cards, tickets for the monthly draw, coupons not redeemed and the like shall not be paid out by the Grand Casino Baden and there is no legal claim to any services. XII. Intellectual property The website as well as all the contents which can be accessed through it are copyright protected and, unless stated otherwise, belong exclusively and comprehensively to the Grand Casino Baden. Contents can contain information about third party property rights and rights of use which the user is to observe. The (full or partial) reproduction, distribution, transfer (electronic or by other means), modification, linking or use of contents for public or commercial purposes is prohibited without the prior written consent of the Grand Casino Baden. XIII. Version / Amendments The GTCs can be provided in several languages for informational purposes and to make user access easier. The German version is however the only version which is legally binding in the relationship between the users and the Grand Casino Baden. If there are any discrepancies between the German language version of the GTCs and the non-german version, the German version shall apply. The Grand Casino Baden reserves the right to make improvements and changes to the GTCs, suspend or terminate the website and the services at any time. Existing game credits, experience points, tickets, coupons and the like do not need to be paid out in this case. The valid GTCs can be accessed at and are considered to have been accepted by those taking part. XIV. Assignment The Grand Casino Baden reserves the right to assign this agreement or otherwise legally transfer it. The user may not assign or otherwise transfer this agreement. XV. Court of jurisdiction The place of performance and court of jurisdiction is Baden, Switzerland. The relations between the users and the Grand Casino Baden are subject exclusively to Swiss law. If individual clauses of the above provisions should be ineffective in whole or in part, the effectiveness of the remaining provisions shall remain unaffected by this. Baden, May 2017 Page 5