PokerStars.ch in Switzerland - exclusively under concession of Casino Davos AG

GENERAL TERMS AND CONDITIONS FOR POKER PROMOTIONS

Below are the general terms and conditions ("Rules") that apply to all poker offers, prize promotions and competitions (collectively, "Promotions") that are advertised on or accessible through the website located at www.casino777.ch (the "777 Site"), the website located at www.pokerstars.ch (the “PokerStars Site”) and/or via the online poker platform that is offered to you by Casino Davos via the PokerStars Site (the "Poker Software"). Each Promotion is organized by Casino Davos AG, with registered address at Promenade 63, 7270 Davos, Switzerland ("we"/"us"/"our"). 

"Flutter Group" is a group of companies that are controlled, directly or indirectly, by Flutter Entertainment Plc. TSG Interactive Gaming Europe Ltd, part of the Flutter Group, operates the Poker Software that is provided to you by Casino Davos (under Casino Davos's license).

In order to participate in any Promotion, each entrant ("Entrant"/"you") hereby agrees to be bound by the following: (i) these Rules; (ii) the terms and conditions for the 777 Site (the "777 Site Terms"); (iii) the general terms and conditions for the PokerStars Site (the "PokerStars Site Terms"); (iv) the tournament rules governing participation in any poker tournament through the Poker Software ("Tournament Rules"); and (v) any special terms and conditions relevant to the individual Promotion as may be displayed on the 777 Site, PokerStars Site and/or the Poker Software as applicable ("Special Terms"). ((i) to (v) together the "Promotion Rules").

Casino Davos may collaborate with third parties, such as Flutter Group, in order to conduct Promotions. As the licensor of the Poker Software to Casino Davos, Flutter Group's contractual relationship is exclusively with Casino Davos and not with the Entrant. Casino Davos is the licensed operator of all poker games offered on the PokerStars Site and via the Poker Software, and as such the Entrant shall address any observations, complaints and claims regarding those games and any Promotions solely to Casino Davos. In order to play those poker games, an account on the 777 Site must be opened.

1. Eligibility

1.1 To take part in any Promotion you must: (a) either reside or have your habitual stay in and play from Switzerland; and (b) be at least 18 years of age. You may be asked at any stage to provide us 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 or disqualified from the Promotion and Casino Davos may forfeit any privileges, prizes or funds that have been allocated to you without compensation of any kind.

1.2 In order for an Entrant to participate in a Promotion, the Entrant must be the same person whose name appears on the player/user account ("Player Account") that is registered on the 777 Site. By taking part in a Promotion, you hereby confirm to Casino Davos that your name, address and personal details as registered on and set out in your Player Account are correct and up to date.

1.3 Employees and relatives and/or affiliates of employees of Casino Davos and the Flutter Group are not permitted to participate in any Promotion. For the purposes of this clause, the term 'relative' shall include, 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) and/or co-habitee(s).

2. Conduct of Entrants

2.1 You can only have one Player Account registered on the 777 Site, and you must use that Player Account 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 we become aware of any fraud, deceit, misconduct, dishonesty or similar action concerning your participation in a Promotion or where you breach any provision of any of the Promotion Rules, then Flutter Group may tell Casino Davos, who reserves the absolute right to automatically disqualify you and/or invalidate your entry to the Promotion. If the fraud, deceit, misconduct, dishonesty or any other action you commit against the Promotion Rules 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 equal to the value of the relevant prize or as requested) to Casino Davos forthwith upon notification to do so by Casino Davos.

2.3 If any Entrant is found to be in breach any provision of any of the Promotion Rules 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 future Promotions. The decision as to what activity and/or behaviour constitutes a breach of the Promotion Rules or what constitutes an act of deceit or dishonesty in relation to any conduct by an Entrant while participating in a Promotion rests solely with Casino Davos and at its sole discretion.

2.4 Casino Davos has 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 Casino Davos has reason to believe you have carried out Improper Advantage Play, it shall be entitled to: (i) reclaim the Promotion and any prize, winnings or other rewards relating to the Promotion from your Player Account; and/or (ii) close your Player Account in accordance with the 777 Site Terms.

3. Prizes/Gifts

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) that Casino Davos will accept before closing the Promotion, any relevant entry fee, the specific instructions for a valid participation in a Promotion, a description of each prize ("Prize") or reward on offer ("Gift") and details on how winners will be selected will be set out in the Special Terms that will be displayed for each Promotion on the 777 Site and/or the  PokerStars Site as applicable.

3.2 Casino Davos will not be responsible for inaccurate promotion and/or prize details supplied to any Entrant by any third party connected with a Promotion.

3.3 For the avoidance of doubt, Prizes, Gifts and/or all other items which may be given away as part of a Promotion are non-transferable, non-exchangeable and non-refundable.

3.4 Casino Davos shall be entitled, acting reasonably, to provide alternatives for any Prize and/or Gift and/or a Prize and/or Gift of a similar of higher value, including where the original Prize and/or Gift is unavailable, or in circumstances where providing the Prize and/or Gift would pose an excessive financial and/or logistical burden on Casino Davos. You will not have the right to require payment of an alternative of a Prize and/or a Gift unless Casino Davos specifically agrees to it. The value of each Prize or Gift (to the extent that Casino Davos agrees to make such alternative available in any given Promotion) will be specified in the Special Terms.

3.5 Unless otherwise stated in the Special Terms, winners of Prizes and/or Gifts will be notified within 30 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 and those contact details that may be declared when entering in a Promotion are valid and correct. Casino Davos will not award and/or dispatch a Prize and/or Gift until you have been notified of your winnings and the Prize and/or Gift will be credited to your Player Account or posted to the address linked to your Player Account, as may be applicable.

3.6 Prizes and/or Gifts must be claimed within 30 days from when you are notified of your Prize or Gift unless otherwise stated in the Special Terms and/or the notification you receive from Casino Davos. If you have not claimed the Prize and/or Gift within this time or within the time explicitly required in the notification you received by Casino Davos, your Prize and/or Gift will be void. Void Prizes and/or Gifts may be redrawn and offered to another Entrant or forfeited and offered in another Promotion.

3.7 Following notification to you that you have won a Prize or that you are entitled to receive a Gift, the Prize and/or Gift will be sent or made available to you no later than 90 days following the closing date of the Promotion, unless otherwise stated in the Special Terms. Where the Prize and/or Gift is to be credited by Casino Davos to your Player Account, this will be actioned as soon as practicable and in accordance with the Special Terms, provided that the Player Account is validated. Note that if an element of a Prize and/or Gift may relate to an event taking place at a future date, you may not be able to use the Prize and/or Gift until such future date. In that case, more information will be made available to you when you are notified about your Prize and/or Gift by Casino Davos. 

3.8 There may be additional terms and conditions imposed by the supplier of a Prize and/or Gift ("Third Party Rules"), in order for you to claim and/or use a particular Prize and/or Gift. It will be your responsibility to accept and comply with any Third Party Rules, and Casino Davos 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 Casino Davos with regards to conditions governing a Prize and/or Gift and/or the use of any element of a Prize and/or Gift. Failure to abide by Third Party Rules or enter into and/or abide by any separate agreement required by Casino Davos may result in your exclusion from the Promotion and the forfeiture of the Prize and/or Gift.

3.9 Winners are not entitled nor authorized in any way to commit Casino Davos to enter into any contract or incur any expense and/or cost without its advance written acceptance of the same.

3.10 No Prize and/or Gift will be awarded to any Entrant who has been banned from playing, has opted out of or self-excluded from playing, participating in or receiving communications about Casino Davos's products or services, where the Prize and/or Gift in question can be won only through the use of such products and services.

3.11 Any Entrant in receipt of a Prize and/or 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 and/or Gift or as tax in respect of the receipt of the Prize and/or Gift, in accordance with applicable laws. If Casino Davos is required to withhold tax from a Prize and/or Gift, the amount you receive may be less than the advertised Prize or 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 Casino Davos 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 by Casino Davos and/or any relevant authorities 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 a Promotion and/or a Prize and/or a Gift. Any behavior or act or conduct by you, which Casino Davos considers 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 a Promotion are met, and you acknowledge that your participation in a Promotion is undertaken at your own risk.

4.4 You must notify Casino Davos of any medical or other condition which you may have and may result in you being unfit to participate in a Promotion. If that medical or other condition is not known to you when you enter a Promotion, you must notify Casino Davos about it as soon as you become aware of such condition. Casino Davos shall be entitled, acting reasonably, to forfeit your place in the Promotion or the awarding of a Prize and/or Gift to you (as applicable), without liability or compensation, if, in its reasonable opinion, you may expose yourself or others to risk of illness and/or injury and/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 any content for consideration by Casino Davos, as part of your entry into a Promotion. Such content will be set out in the Special Terms and may include, but shall not be 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 materials contained in the Content you submit (as requested) and/or that you are authorized and have any and all written permissions to use and exploit the Content as part of a Promotion and have secured any and all necessary permissions, authorizations and consents to include any person (including their names, images, performances, voices, trademarks, likeness, biographies) or material appearing in your Content. In addition, you confirm that by submitting the Content, you hereby grant Casino Davos and Flutter Group an unconditional, irrevocable, non- exclusive, royalty-free, fully transferable, perpetual, worldwide license to use, publish, transmit or authorize third-parties to use, publish or transmit the Content in any format and on any current or future platform, without any remuneration to you and/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 years, 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) or illegal or unlawful or anything that infringes the rights of any person. You warrant that any Content that you submit to Casino Davos does not infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary or privacy rights 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 (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 Casino Davos your Content in relation to a Promotion, you are doing so at your own discretion and risk and you are solely and fully liable for any materials contained in your Content. You acknowledge that Casino Davos has no obligation to pre-screen, monitor, review or edit any Content submitted by you in relation to a Promotion.

5.5 Following the submission of your Content, you acknowledge that Casino Davos and/or authorized third parties acting on its behalf, reserve the right to refuse to publish, take down, cut, crop or edit your Content at its/their sole discretion. You permit Casino Davos to carry out any and all the above-mentioned actions as Casino Davos may deem necessary, and Casino Davos is under no obligation to use, upload, broadcast and/or transmit your Content on the 777 Site and/or in any other media (including the PokerStars Site and Casino Davos's and such authorized third parties' social media platforms).

6. Limitations of liability

6.1 Flutter Group has granted Casino Davos a license to the Poker Software so that Casino Davos can provide online poker services to you. Due to your contractual relationship as a player solely with Casino Davos, Flutter Group excludes all its liability and responsibility arising out of or in connection with Promotions to the fullest extent permitted by applicable laws.

6.2 By participating in any Promotion, including the submission of any Content, you hereby agree to release, discharge and hold harmless Casino Davos and its legal representatives, affiliates, subsidiaries, agencies, and its and their 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 a Promotion and/or any Prize and/or Gift that may be awarded to you as a result thereof, and Casino Davos 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 and/or Gift (if any) with respect to the Promotion). This limitation does not include any liability to you for: (i) gross negligence; (ii) intent; (iii) death or personal injury arising out of Casino Davos's gross negligence or the gross negligence of its employees; (iv) fraudulent misrepresentation; or (v) any liability that cannot be excluded or limited by applicable law. This Clause 6.2 shall also apply in respect of any Prize and/or Gift provided by any third party including Flutter Group.

6.3 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 Casino Davos and/or its and legal representatives, affiliates, subsidiaries, agencies, and its and their respective officers, directors, employees,  and agents, 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.

6.4 Casino Davos shall not be liable to you for any failure to perform any obligations under a Promotion or in respect of a Prize and/or Gift where it is unable to do so as a result of circumstances beyond its reasonable control, and whilst Casino Davos may endeavor to provide an alternative Prize and/or Gift, it shall not be liable to compensate any Entrant where it fails to do so in such circumstances.

6.5 You hereby agree to indemnify, defend and hold harmless Casino Davos and its legal representatives, affiliates, subsidiaries, agencies, and its and their respective officers, directors, employees and agents 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 or suffered by any of them as a result of, and any and all claims in connection with, a breach by you of or failure to perform or comply with your obligations under any Promotion Rules 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. Miscellaneous

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 a Prize and/or Gift, an Entrant's eligibility to participate in a Promotion, the conduct of any Entrant, the Promotion Rules or the final decision shall lie with Casino Davos, and any decision made by Casino Davos shall be final and binding upon you and shall not be subject to review and/or appeal by you and/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.

7.2 Should the Special Terms state that the use of a judging panel will be required to determine a winner based on subjective analysis or interpretation, one independent individual will be appointed to the judging panel.

7.3 The personal information collected by Entrants when entering any Promotion and/or winners of a Promotion will be processed, stored and/or used by Casino Davos in accordance with our Privacy Policy and Flutter Group in accordance with their Privacy Policy. Each Entrant acknowledges that their username, as well as country of origin may be published on a leaderboard for the purposes of a Promotion, but Casino Davos and Flutter Group will not use any personal details in connection with your wins, unless you specifically consent to it. Note, however, that if Casino Davos wishes for you to take part in any publicity or marketing campaigns in relation to your participation in any Promotion (whether for Casino Davos or any third party including Flutter Group), it will seek your written consent for any such use beforehand.

7.4 The Promotion Rules represent the entire agreement between you and Casino Davos 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.

7.5 If you opt-in to a Promotion that requires you to deposit funds in order for you to qualify for such Promotion, any withdrawal of funds from your Player Account prior to making such deposit and/or any withdrawal of the deposit during the Promotion period will result in you becoming ineligible to participate in the Promotion and receive the benefit of such Promotion. To avoid becoming ineligible without knowing, a pop-up message will appear when a withdrawal is requested, making you aware that you will become ineligible for the Promotion and/or any Prizes/Gifts will be forfeited if you go ahead with your request.

7.6 Casino Davos reserves the right to withhold Prizes and/or 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.

7.7 Casino Davos reserves the right at any time to make minor amendments and/or alterations to these Rules and/or Special Terms, to correct errors and/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 and/or the Special Terms, as well as cancel, modify or suspend any Promotion or withdraw an offer 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 or of Flutter Group's systems or due to manifest error. Any proposed material changes to these Rules and/or Special Terms will be either notified to you directly and/or published on the 777 Site and/or the PokerStars Site. Note that any amendment, alteration or withdrawal of a Promotion will not adversely impact Entrants who have already opted into that Promotion, except in cases which are beyond our control (e.g. for legal and/or regulatory reasons). These Rules and any matters relating hereto shall be governed by and construed in accordance with the laws of Switzerland. You irrevocably agree that, subject as provided below, the courts of Switzerland shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning a Promotion and any matter arising therefrom, and you 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.

If you have any questions about a Promotion, please contact Casino Davos.

Updated June 25, 2021.