General Terms and Conditions
General Terms and Conditions Winning Room Version 42 C
Updated January 1st, 2019
PART A – GENERAL
PART B – GAME SPECIFIC RULES
PART C – INTENTIONALLY OMITTED
PART D – INTENTIONALLY OMITTED
PART A – GENERAL
Please read these terms and conditions of use (“GTCs”) carefully before using this Site and/or any services provided by the Gaming Operator. These GTCs explain what you need to know when you use the products and services we make available, including who we are, how you or we may alter or end the contract, who to contact if there is a problem and other important information.
By using the Site and/or any services, you agree to be bound by these GTCs. If you do not wish to be bound by these GTCs you may not access or use the Site or any of the services provided by us.
- OPENING A PLAYER ACCOUNT
- DEPOSITS AND WAGERS
- VERIFICATION CHECKS
- ERRORS AND CANCELLATION
- IMPROPER USE OF YOUR ACCOUNT
- RESPONSIBLE GAMING, SOCIAL RESPONSIBILITY AND SELF PROTECTION
- WINNINGS AND PRIZES
- CUSTOMER SERVICE AND COMPLAINTS
- TERMINATION, BLOCKING AND CLOSING OF PLAYER ACCOUNTS
- CLOSURE OF THE ACCOUNT
- INACTIVE ACCOUNT
- PERSONAL DATA AND PUBLICITY
- LOCAL LAWS AND PROHIBITIONS
- INTELLECTUAL PROPERTY RIGHTS
- LIMITATION OF LIABILITY AND DISCLAIMER
- AMENDMENTS AND CHANGES
- FORCE MAJEURE
- APPLICATION OF THE GTCs
- GOVERNING LAW AND DISPUTES
- CASINO RULES
- LIVE CASINO:
1.1 In these GTCs, reference to “WinningRoom”, ‘Vinneri’, ‘Vinnarum’ “Gaming Operator”, “us”, “we”, “our” means Evoke Gaming Limited, a company incorporated in Malta, company number C 38582 and subject to Maltese law, having its registered address at Tagliaferro Business Centre, Level 7, High Street, Sliema SLM 1549, Malta;
1.3 Capitalized terms shall have the meaning as defined in the body of these GTCs.
1.4 Evoke Gaming Limited is licensed and regulated by:
1.4.1 In respect of services offered to residents of the United Kingdom, the Gambling Commission of Great Britain, under Remote Operating License Number 000-039636-R-319333-013;
1.4.2 Intentionally Omitted
1.4.3. Intentionally Omitted
1.4.4. Intentionally Omitted
1.4.5 In respect of services offered to residents of Sweden, the Swedish Gambling Inspectorate (Spelinspektionen) under license number 18Li7517;
1.4.6 In respect of services offered to all other customers, by the Malta Gaming Authority (“MGA”) under license numbers MGA/CRP/121/2006 issued on the 1st of November 2018 and valid until the 19th of March 2028
(collectively the “Gaming Licence”).
1.5 Evoke Gaming Limited is part of the MRG Group of companies. Other companies in the MRG Group may be licensed separately as independent legal entities, and the relevant terms and conditions and relevant license numbers can be found on the relevant sites for those entities. Evoke Gaming Limited accepts no responsibility whatsoever for the acts or omission of any other legal entity within the MRG Group.
1.6 These GTCs govern your access to, and use of, the Site, and constitute a legally binding contract between Evoke Gaming Limited and you as a player (herein “you” or the “Player”) and is governed by the laws of Malta.
1.7 These GTCs include and incorporate a number of additional terms, as follows:
1.7.1 Intentionally Omitted
1.7.2 The rules for casino games are found in each individual game;
1.7.4 The Bonus T&C
1.7.5. The Bingo Rules
1.7.6 Intentionally Omitted
1.7.7 any promotional terms which apply in respect of promotions, bonuses and other offers we may make available from time to time;
1.7.8 any additional end user terms and conditions of use which we will ask you to confirm your agreement to as part of your use of the Site from time to time;
1.8 The GTCs are provided in different language versions. The different language versions of the GTCs reflect the same principles. However, in case of any discrepancies between the different language versions, the English version shall prevail.
OPENING A PLAYER ACCOUNT
2.1 In order to use the services provided by the Gaming Operator the Player must open an account (a “Player Account”). Players must register personally. The Gaming Operator reserves the right to refuse any application for a Player Account.
2.2 Playing at the Site is restricted to individuals of legal age as determined in the jurisdiction in which the Player resides, who has registered as a Player, and who holds a Player Account with the Gaming Operator. It is an offence to gamble whilst underage. In any event, you must not use the Site to gamble if you are under 18 years of age. Any funds deposited by such person will be returned to the individual after the Player Account has been closed by the Gaming Operator and any winnings will be forfeited.
2.3 You may not use the Site if you are resident or located in any of the prohibited jurisdictions set out in Section 15
2.4 You understand and acknowledge that the games and the online community services provided on the Site are for entertainment purposes only. Any use of the Site for any other purposes or intention is strictly prohibited.
2.5 By opening a Player Account you warrant and represent that:
2.5.1 you are at least 18 years of age (or the legal age to gamble in the jurisdiction in which you reside, if higher);
2.5.2 you are legally able to enter into contracts;
2.5.3 you have not been excluded from gambling (e.g. Self-Excluded, blocked from the Site/services, Excluded in a National Self Exclusion Register);
2.5.4 you have not already had a Player Account closed by us due to carrying out a Prohibited Practice;
2.5.5 you will provide accurate registration information when opening your account, which will include, at a minimum, your correct name, date of birth, your country of residence, your current home address, email address and personal telephone number;
2.5.6 you are opening your Player Account solely for your personal use, and that you are acting on your own behalf and not as an agent on behalf of a third party;
2.5.7 you will not try to sell or in any way transfer the benefit of your account to any third party and nor will you acquire or attempt to acquire an account which has been opened in the name of a third party;
2.5.8 you are entirely responsible for complying (and that you comply) with your own local, national, federal, state or other laws concerning betting and gaming prior to opening an account, placing any bets, stakes or wagers or using our services. If you are located in a country where use of a particular service is prohibited, you must not (i) register with us for the applicable service; (ii) attempt to use that service; or (iii) use your payment card or other payment method to undertake betting or gaming with us for the unlawful service;
2.5.9 you are not prohibited for any reason from betting with us or from using the services;
2.6 The Player (including in this case any person applying to become a Player) must always provide and maintain valid, complete and correct information to the Gaming Operator. You must ensure that the information you provide is true, complete and correct, and is kept up-to-date.
2.7 Upon registration, the Player must select a password or register using a country specific valid electronic-ID. The password must consist of a minimum of eight characters and it is recommended that the password includes a mix of letters, numbers and special characters. It is not recommended to use personal information or common words as passwords. Players must always log on to the Site using either of; a valid electronic-ID or; their email address together with their password. Players may not allow any person other than themselves to use their Player Account to access and/or use any materials or information from the gaming system, to accept any prize, and/or to participate in any of the games. It is strictly prohibited to sell, transfer and/or acquire Player Accounts to or from other Players.
2.8 The password should never be written-down or communicated to any other person and should be changed on a regular basis. You are obliged to keep your Player Account information, email and password secret and confidential and you are solely responsible for all activity and/or use of the services through your Player Account. In case you become aware of any known or suspected unauthorized use of your Player Account or any breach of security you are required to immediately notify the Gaming Operator hereof in order to suspend your Player Account. Any unauthorized use of your electronic-ID, email or password shall be deemed as your use and you are responsible for all activity on and/or charges to your Player Account until such notification is made to the Gaming Operator. Should a Player give away, share, or lose his/her electronic-ID, email and/or password, the Gaming Operator shall not be liable for any loss or damage as a result thereof.
2.9 We must suspend your Player Account if one of the following applies:
2.9.1 you are a UK resident and you have deposited money into your Player Account and we cannot confirm your age within 72 hours;
2.9.2 we are unable to carry out Checks to our satisfaction in accordance with Section 4;
2.9.3 you are not included under the articles 2.9.1, 2.9.2, and we cannot confirm your identity within 30 days from reaching the deposit and withdrawals threshold of 2000 EUR on the basis of a rolling period of 180 days;
2.10 We must close your Player Account if one of the following applies:
2.10.1 Intentionally Omitted;
2.10.2 you are a Swedish resident and we cannot confirm your identity within 30 days from when you registered the account. To confirm your identity, you should log on to your account using Trustly/Bank-ID.
2.11 You are not allowed to open or attempt to open a Player Account if you hold a Player Account which has been Self-Excluded with any of the following MRG brands: Mr Green, redbet, WinningRoom, Bertil, MamamiaBingo.
2.12 You may only open one Player Account. If we have reason to believe you have:
2.12.1 registered and/or used more than one Player Account with us; or
2.12.2 colluded with one or more other individuals using a number of different accounts, we shall be entitled to deem such accounts as “Multiple Accounts” and treat them in accordance with clause 2.13.
2.13 We shall be entitled to suspend or close any Multiple Account(s). If we close a Multiple Account:
2.13.1 all bonuses, free bets and winnings accrued from such bonuses and free bets obtained using that Multiple Account will be void and forfeited by you;
2.13.2 we may, at our entire discretion, void winnings and refund deposits (less amounts in respect of void winnings) made in respect of that Multiple Account and, to the extent not recovered by us from the relevant Multiple Account, any amounts to be refunded to us by you in respect of a Multiple Account may be recovered by us directly from any other of your Player Accounts (including any other Multiple Account);
DEPOSITS AND WAGERS
3.1 Deposits can only be made via the Site. You can use any of the methods specified on the Deposits page of the Site. Available payment methods, associated fees and requirements may vary depending on time as well as the country and financial institution in question. Up to date information is available when logged in on the Site in the FAQ Deposit Section.
3.2 We do not accept cash payments to the Player Account
3.3 We accept payments made in the following currencies: EUR, GBP, NOK, SEK, and USD.
3.4 All deposits will be credited to the Player Account after the payment processing has taken place. A Swedish resident may not deposit more than SEK 11,625 into a Player account unless the verification process is complete.
3.5 There is a minimum amount of any single transfer (deposit) of 10 EUR/GBP, or its equivalent in any of the other accepted currencies, to a Player Account (“Minimum Deposit Amount”); however, this amount may vary depending on the deposit method chosen. For more information on our deposit methods, fees and Minimum Deposit Amounts, please visit our FAQ Page on FAQ Deposit Section.
3.6 In case a transfer is initially accepted and thus shown on the Player Account and the Gaming Operator later receives notice from the card issuer that the transfer for any reason shall be reversed, the Gaming Operator will temporarily suspend the Player Account on suspicion of fraud or stolen credit card and may, at its discretion, suspend or void any wager or bet already made.
3.7 A wager can only be placed over the internet. The Gaming Operator will not accept a wager from a Player unless there are sufficient funds in the Player Account to cover the amount of the wager. The Gaming Operator reserves the right to refuse or limit any wager. The Gaming Operator will not grant a Player any credit and the Player may not use any amounts credited in error for the purpose of placing a wager or withdrawing from the account. The Player shall not treat the Gaming Operator as a bank or other financial institution. Neither deposits nor winnings are interest-bearing, i.e. the Player will not receive any interest on the balance on the Player Account. Players are not entitled to make any transfers between Players or between different Player Accounts.
3.8 The Gaming Operator will treat all Deposits made to a Player Account as intended by the Player solely to be used for the purpose of placing wagers on games or betting on the Site. We reserve the right to obtain information about the extent of your intended gambling at the same time as you provide identification information to the Gaming Operator.
3.9 All wagers are binding for the Player when made and cannot be cancelled, save as expressly set out in these GTCs. If a wager is placed or a hand is played using a Player’s Player Account it will be considered to have been made by that Player and therefore valid.
3.10 The Gaming Operator endeavors wherever possible to ensure the full protection of all Players, Players’ Accounts, and their wagers. However, there are certain events that are beyond the Gaming Operator’s control and the Player acknowledges that the games are played over the Internet, and, in the case of mobile devices, over the cellular mobile telephone networks. These are communication media that are known to be imperfect. If a Player has wagered on a game but has not started the game when disconnected through a technical malfunction, the game will not take place. If the Player has wagered and the game has started when the game gets disconnected, the game will be recorded on the game servers and the wager will stand and the outcome will be reflected in the Player Account status and, if the Player wins, the amount will be credited to the Player Account. The Player understands that in the event of disconnection the records stored on the game server shall be the final authority in determining the terms of any wagers placed and the circumstances in which such wagers were made. The Gaming Operator reserves the right, at any time and without prior warning, to cease to offer an announced game and to withdraw a scheduled gaming activity. In such event all commenced but not completed games will be annulled and the wagers will be repaid to the Player.
3.11 Financial institutions, card providers, banks and other third-party payment processors may charge a fee for processing payments (“Third-Party Payment Processor Fees”). The Player is liable to pay any and all such Third-Party Payment Processor Fees.
3.12 Winning Room does charge fees for the following deposit method:
3.12.1 Paysafecard method of deposit that is subject to a 3.9% fee.
3.13 When choosing a payment method, you agree to the terms of that payment method and agree to any charges that apply. You agree that the payment method is valid, that the payment account or card belongs to you and that you have the right to use the payment method.
3.14 A Player can at any time log in to their Player Account and view a statement of his/her account which would show all transactions effected on that Player Account, namely deposits, bonuses, winnings, withdrawals and wagers. Should the Player notice any mistakes s/he must notify the Gaming Operator immediately so that the mistake can be rectified. Players should report such a mistake within 90 days from when the mistake first appeared on the statement available on the Player Account.
3.15 The Gaming Operator holds all customer funds separate from company funds in ring fenced accounts with Bank of Valletta and arrangements have been made to ensure that assets in the customer accounts are distributed to customers in the event of insolvency. This means that steps have been taken to protect customer funds but that there is no absolute guarantee that all funds will be repaid. This meets the requirements of the Gambling Commission of Great Britain for the segregation of customer funds at the level: medium.
3.16 If required, it is your responsibility to declare and pay for all taxes, duties or levies applicable to your deposits, winnings, bonuses, earnings, and in general any amount included at any point in time in your Player Account and you will not hold Evoke Gaming Limited responsible for any tax whatsoever.
4.1 We are required by anti-money laundering regulations and gambling regulations to make checks to verify your identity and (where necessary) the source of any funds placed on deposit by you (“Checks”);
4.1.1 you agree to promptly provide us with any information we request in relation to such Checks, and we reserve the right to request proof of age documentation and evidence to verify your identity, or the source of your funds, including certified documentation, from you at any time.
4.1.2 until such time as the relevant Checks are completed to our reasonable satisfaction, and any requested information has been provided, we are entitled to restrict your Player Account in any manner that we may reasonably deem appropriate, including by preventing you from placing any bets or wagers, or from withdrawing your funds, until the Checks are completed satisfactorily.
4.2 We reserve the right, acting reasonably, to suspend or terminate your Player Account where we are unable to complete these Checks to our satisfaction.
4.4 The documents or information requested by us may depend on the jurisdiction where you reside. The Gaming Operator reserves the right, in its sole discretion, to determine which verification documents we require in order to carry out these Checks. To enable us to carry out these Checks, we may ask you to provide a clear copy of (and you agree to promptly provide, on request):
· A valid identity document (passport, national ID card or driver’s license);
· For UK customers, a valid proof of address not older than 3 months (utility bill or bank statement); For non-UK customers a valid proof of address not older than 6 months (utility bill or bank statement)
· Intentionally Omitted
· For Swedish residents, your Swedish Personal Identification Number (personnummer)
4.5 Set out below is a non-exhaustive list of further documentation and/or information we may request from you for this purpose:
· Copies of payment method (bank statement, IBAN, copies of credit card, proof of ownership, etc) If the Player has deposited funds with credit cards or debit cards or if the Player has requested a pay-out to be made to a credit card or debit card, the Gaming Operator has the right to request copies of both the front and the back of the relevant card. For the Player’s own safety, the Gaming Operator recommends that the Player only makes the first six (6) numbers and the last four (4) numbers on the credit card or debit card visible when providing the copy of the card. The CVV/CVV2 number on the credit card or debit card should not be visible in the copy.
· Certified (and/or notarized) copy of any documents provided to us.
· Other evidence of residency or identity that may reasonably be required.
· A photo of you holding your identity document up next to your face.
· Submission of a contract or similar document whereby the Player is requested to sign and return such document.
· Information or documents about the Player’s account/transaction activity, their occupation or source of funds.
4.6 The Gaming Operator will monitor all wagers and account transactions. It is prohibited and unlawful to deposit money directly or indirectly acquired by unlawful means. Therefore, all transactions are checked to prevent money laundering and all suspicious transactions will be reported to the Gaming Operator’s Money Laundering Reporting Officer (MLRO) who will report to the relevant authorities in accordance with our regulatory obligations. If, in a single instance, or over a period of time, we have reasonable grounds to suspect you are using your Player Account for purposes other than the lawful placing of a wager or bet, (e.g. if you request a withdrawal from a deposit without playing a commensurate number of games or bets which may indicate money laundering or other types of fraudulent or criminal activity) we reserve the following rights consistent with our duties as a Gaming Operator and in accordance with applicable law:
4.6.1 to ask additional verification questions and/or for documents,
4.6.2 to return any non-wagered deposits or deposits balance to the originating deposit method or, where this is not possible, to a bank account held in your name with a description of the transaction as we deem fit;
4.6.3 to withhold payment of your real money balance without providing you with a reason;
4.6.4 to close or block your Player Account indefinitely without providing you with reasons and to report you to the relevant authorities; and/or
4.6.5 to assist in or initiate relevant criminal or civil proceedings against you.
ERRORS AND CANCELLATION
5.1 The Gaming Operator shall not be liable for any errors in respect of bets or wagers where it has reason to believe, on reasonable grounds, that any of the following circumstances have occurred:
5.1.1 There is an obvious error or misprint in a pay table or any other typographical or photographic error;
5.1.2 The Gaming Operator has continued to accept bets or wagers on closed or suspended markets in error;
5.1.3 any technical error where wagers or bets have been offered, placed and/or accepted due to or including this error, including where wagers or bets have been placed that would not have otherwise been accepted during periods when the Site was affected by technical problems;
5.1.4 any other error, such as human or systemic mistake by an employee or contractor;
5.2 In the case of a cancellation under any provision of section 5.1, bets or wagers may be cancelled and bets, wagers, bonuses received, and winnings already accrued shall be considered null and void and the Player Account will be returned to its starting balance. For the avoidance of doubt the starting balance is the balance the Player had on the Player Account prior to the erroneous wagering activity less any bonuses received, and winnings accrued thereof. In case of an error referable to the Gaming Operator’s suppliers or other third parties, Section 18.3 below shall apply.
5.3 We reserve the right to limit or refuse to accept any wagers you wish to place on the Site. We will not seek to enforce such a restriction against a player who has, before being notified of the restriction, made qualifying bets in a free bet promotion, where doing so would materially affect the consumer’s ability to complete the qualifying bets required by that free bet.
6.1 You may withdraw your own real money deposits and winnings held in your Player Account at any time provided that:
6.1.1 all payments made into your Player Account have been confirmed as cleared and have not been charged-back, reversed or otherwise cancelled;
6.1.2 we have completed any Checks carried out pursuant to section 4 to our satisfaction. Where we have requested information from you to carry out these Checks, any delay in providing this information may cause an additional delay when withdrawing funds;
6.1.3 there is currently no ongoing investigation:
(a) into a game defect involving a game which you have played which requires a temporary freeze on withdrawal of funds;
(b) where we have reason to believe you may have carried out a Prohibited Act (as defined in Section 7)
6.2 To withdraw funds from your Player Account you must request the withdrawal back to the same payment method used for deposit. If the deposit method used does not allow withdrawals, you may request the withdrawal via bank transfer. The Gaming Operator reserves the right to ask you for a bank statement proving that you are the owner of the bank account. If you request a withdrawal to the different payment method, The Gaming Operator cancel your pending withdrawal and you will have to request it again via the correct payment method. The Gaming Operator reserves the right, at all times, to make the final decision on the choice of withdrawal method.
6.3 We reserve the right to apply a fee when you withdraw funds from your Player Account. These fees vary according to the value or your withdrawal amount and the currency of your withdrawal (as set out below). The fees we impose on withdrawal represent a reasonable estimate of the costs incurred by the Gaming Operator in processing that withdrawal to you.
6.3.1 Each withdrawal made will incur the below fees.
● Up to 100 EUR/USD/GBP withdrawal - 1 EUR/GBP/USD fee
● Over 100 EUR/USD/GBP withdrawal – 1.5% fee
● Up to 1000 SEK/NOK withdrawal - 10.00 SEK/NOK fee
● Over 1000 SEK/NOK withdrawal – 1.5% fee
6.3.2 Maximum withdrawals fee amount:
● EUR/USD/GBP 10
● SEK/NOK 100.00
You will always see this on the page before making the withdrawal, so be sure to check this.
6.4 We impose certain limits on the minimum amount you may withdraw in a single withdrawal request (“Minimum Withdrawal Amount”), which will vary depending on where you are resident and withdrawal method chosen. Please visit our FAQ Withdrawal Section for further details.
6.4.1 For non-UK Players, the Minimum Withdrawal Amount is 30 EUR; however, this amount may vary depending on the withdrawal method chosen;
6.4.2 For UK Players, the Minimum Withdrawal Amount is 10 GBP. If you wish to withdraw an amount which is less than the Minimum Withdrawal Amount, please contact Customer Support. On receipt of any such withdrawal request, we will return the relevant funds to you (less a processing fee if applicable) using the payment method with which those funds were originally deposited (unless we agree otherwise).
6.5 When you make a deposit by debit card or credit card, some financial institutions, banks and third-party payment processors may levy a fixed and/or interest charge from the date of payment. It is your responsibility to settle this charge, in addition to any other fees payable in accordance with these GTCs.
6.6 Intentionally Omitted
6.7 If you are a Swedish resident you are not allowed to withdraw any funds:
6.7.1 if less than 30 days has passed since you completed your registration and we haven’t been able to confirm your identity as described in 2.10.2.
IMPROPER USE OF YOUR ACCOUNT
7.1 You acknowledge and agree that you will not engage in any of the following activities:
7.1.1 Fraudulent activity, including (without limitation)
(a) colluding with others in order to gain an unfair advantage (including through bonus schemes or similar incentives offered by us or by intentionally losing money to other players (e.g. chip dumping);
(b) attempt to register false or misleading account information;
© acting (or attempting to act) in any way which is reasonably deemed by us to be illegal in any applicable jurisdiction, made in bad faith, or intended to defraud us and/or circumvent any contractual or legal restrictions, regardless of whether such act or attempted act actually causes us any damage or harm;
(d) using a VPN or proxy to hide or alter the identity of the device you are using to connect to the Site
7.1.2 Take unfair advantage, including:
(a) By seeking to exploit a fault, loophole or error in our or any third party’s software used by you in connection with the Site (including in respect of any game) to your advantage and/or to the disadvantage of us and/or other players;
(b) through the use of third party software or analysis systems, including but not limited to, software that includes features that: (a) enables play without human intervention (e.g. Bots), and/or (b) makes automated decisions;
7.1.3 Opening Multiple Accounts;
7.1.4 Criminal activity, including (but not limited to) through match-fixing, rigging or misusing insider information, cheating, bribery, fraud or conspiracy; and/or
7.1.5 Breaching the rules of a sport’s governing body,
(each, a “Prohibited Act”).
7.2 Carrying out a Prohibited Act will constitute a material breach of these GTCs. We will take all reasonable steps to prevent and detect Prohibited Acts and to identify the relevant players concerned if they occur.
7.3 If we have reason to believe you have carried out a Prohibited Act, we shall be entitled to withhold the whole or part of the balance and/or recover from your Player Account (or any Duplicate Account), the amount of any pay-outs, bonuses or winnings which have been affected by or are in any way attribute to the Prohibited Act. You agree to indemnify The Gaming Operator against all claims, losses, liabilities, damages, costs and expenses incurred or suffered by The Gaming Operator arising directly or indirectly from your Prohibited Act. The rights set out in this clause 7 do not affect any other rights (including any common law rights) we may have against you, under the GTCs or otherwise.
7.4 As part of your use of the Site, The Gaming Operator provides you with the facility of Live Chat, as an option to communicate with Customer Service for any relevant issue. Live Chat is moderated by The Gaming Operator and is subject to the following rules:
7.4.1 All conversations are recorded and will be kept for a reasonable period. Your use of the Live Chat facility should be for purposes relating strictly to The Gaming Operator services and any relevant issues you might be having in relation to these services.
7.4.2 Abusive and/or offensive language shall not be accepted. In addition, you are not entitled to make untrue and/or malicious and/or damaging comments with regard to The Gaming Operator’s operation in any media or forum.
7.4.3 The Gaming Operator is entitled to close or suspend the Player Account at its sole discretion if the Player uses abusive and/or aggressive language in its communications with the Gaming Operator using its Live Chat facilities.
RESPONSIBLE GAMING, SOCIAL RESPONSIBILITY AND SELF PROTECTION
8.1 The Player and the Gaming Operator are aware of the risks of excessive gambling. Further information regarding the risks associated with gambling can be found on our Responsible Gaming Page.
8.2 We make a series of tools available to you to control or limit the time or money you spend gambling, you may use any of these tools by accessing the Responsible Gaming Section on the Site:
8.2.1 Set a session reminder which will inform the Player of the time they have spent on the website, from the time of login until the session reminder is reached, and/or
8.2.2 Set a limit on the total amount the Player may wager during a certain time period, and/or
8.2.3 Set a limit on the total losses the Player is allowed to incur during a certain time period, and/or
8.2.4 Set a limit on the amount that the Player is allowed to deposit into the Player Account during a defined time period.
8.2.5 Time-Out of the Player Account (“Take a Break”). A Time-Out of the Player Account can have the following effective periods:
(a) 24 hours
(b) 48 hours
© 7 days
(d) 30 days
8.2.6 Self-Exclusion of the Player Account for UK Player. We have the following effective periods available for self-exclusion:
(a) Six months
(b) One year
© Two years
(d) Three years
(e) Five years
8.2.7 Self-Exclusion of the Player Account for non-UK Player. A Self-Exclusion of the Player Account can be determined with a set end-date or indefinite. We have the following effective periods available for self-exclusion:
(a) Six months
(b) One year
© Two years
(d) Three years
(e) Five years
(f) Indefinite period
8.3 A player account that has been blocked for one of the Take A Break periods (as described in the Section 8.2.5) cannot be opened until the full effective period has elapsed, even if the Player wishes to do so. The Player Account will be automatically reopened once the effective period has passed.
8.4 A Player Account that has been Self-Excluded cannot be opened until the full effective period has elapsed, even if the Player wishes to do so. Subject to the following sections, if you wish to reactivate your Player Account, you can only do so after your exclusion period has ended by contacting Customer Service.
8.4.1 Following a determined self-exclusion period, a cooling off period of 24 hours must elapse before the Player Account can be reopened. The cooling off period of 24 hours starts upon your request to return from self-exclusion is made to Customer Service. You are required to confirm that you wish to have the account reopened after the 24 hours have elapsed by contacting customer service.
8.4.2 Following an indefinite self-exclusion, you will not be able to reopen the account before at least one year has elapsed from the date of self-exclusion. If one year has elapsed, you may contact customer service and request to return from self-exclusion. A cooling off period of 7 days will be applied following your request to reopen the account. You are required to contact customer service after 7 days to confirm you want to return from self-exclusion.
8.5 When you self-exclude, we will attempt to return any remaining withdrawable balance to you. If, after a reasonable period, we are not able to return your withdrawable balance (because, for example, we are not able to contact you), we may at our discretion donate the relevant amount to a charity of our choice.
8.6 The gaming limitations set out in Sections 8.2 above (“Gaming Limitations”), are managed by the Player using the tools available in the Responsible Gaming Section on the Site. The player may also contact Customer Service directly to Self-Exclude or Take a Break.
8.6.1 For UK residents an initial request of Gaming Limitation will have effect immediately when using the tools in the Responsible Gaming Section. If you wish to lower your gaming limits the new limit will take effect immediately. If you wish to increase your gaming limits or have the limit lifted a 24-hours cooling off period will be applied following the change request. You must take positive action at the end of the cooling off period to confirm their request by logging into your player account and confirm the increase/removal of the limit. The new limit / removal of limit will take effect as per below:
Daily limits : Next day
Weekly limit s: Following Monday
Monthly limits : The first day of the upcoming month
8.6.2 Intentionally Omitted
8.6.3 For Swedish residents: an initial request of Gaming Limitation will have effect immediately when using the tools in the Green Gaming Section. If you wish to lower your gaming limits the new limit will take effect immediately. If you wish to increase your gaming limits or have the limit lifted a cooling off period of 72 hours will be applied. Kindly note that the 72-hours cooling off period will start at 00.00 UTC on the day of your change request.
8.6.4 For all other resident: An initial request of Gaming Limitation will have effect immediately when using the tools in the Green Gaming Section. If you wish to lower your gaming limits (deposit limit, wager limit or loss limit) the new limit will take effect immediately. If you wish to increase your gaming limits or have the limit lifted, such changes will have effect after a cooling off period of seven days following the increase/removal request.
8.6.5 A Gaming Limitation set by the Player will remain in effect until the Player has revoked or changed such limitation.
8.7 A request to Self-Exclude is a formal acknowledgement by You as a Player that You are experiencing problems with your gambling and wish to take steps to address these problems. The Player shall abide by this Self-Exclusion agreement and not try to breach it by trying to open additional Player Accounts on the Gambling Operator or any other brands within the MRG Group (included but not limited to Mr Green, redbet, WinningRoom, Bertil, Mamamia Bingo)
8.8 A request to Self-Exclude using the tools provided in the Responsible Gaming Section is specific to all brands within the MRG Group (included but not limited to Mr Green, redbet, WinningRoom, Bertil, Mamamia Bingo). While the Gaming Operator endeavors to identify and Self-Exclude additional Player Accounts registered by You as a Player with all brands within the MRG Group within 24 hours of receipt of a request to Self-Exclude, there is no guarantee that such accounts can be identified and excluded within the stated period. It is the responsibility of the Player to communicate or Self-Exclude any additional open Player Accounts within the MRG group.
8.9 UK Additional Responsible Gambling Tools.
8.9.1 In addition to the responsible gambling tools set out above, you can also self-exclude with GAMSTOP, a free service that enables you to self-exclude from websites / apps of gambling operators licensed by the Gambling Commission of Great Britain. For more information and to register with GAMSTOP, please visit www.gamstop.co.uk. If you request to self-exclude using GAMSTOP, we will take reasonable steps to prevent you from gambling on the Site as soon as possible. You should ensure that the details you use to register with GAMSTOP are the same as those details registered on your account. Please note that there may be circumstances where we are unable to implement a self-exclusion requested via GAMSTOP. For instance, we may be unable to match your account with the details you provided to GAMSTOP, or there may be a technical failure in the operation of GAMSTOP such that we cannot retrieve the latest information on users that have requested self-exclusion.
8.10 Intentionally Omitted
8.11 Sweden Additional Responsible Gambling Tools.
8.11.1 In addition to the responsible gambling tools set out above, you can also self-exclude with SPELPAUS, a free service that enables you to self-exclude from websites / apps of gambling operators licensed by Spelinspektionen. For more information and to register with SPELPAUS, please visit www.spelpaus.se. If you request to self-exclude using SPELPAUS, we will take reasonable steps to prevent you from gambling on the Site as soon as possible. Please note that there may be circumstances where we are unable to implement a self-exclusion requested via SPELPAUS. For instance, there may be a technical failure in the operation of SPELPAUS such that we cannot retrieve the latest information on users that have requested self-exclusion.
8.12 We will remove your email address and mobile number from marketing communication once your self-exclusion has been implemented. We will take all reasonable steps to ensure that self-excluded accounts do not receive any marketing material from us. However, there may be a short delay between your self-exclusion and marketing communication being stopped. Self-excluding from our site will not affect your marketing preferences with third parties, including with advertising websites or third-party affiliates, over which we have no control. We strongly recommend that you contact any such parties and opt out from receiving any marketing material from them. We also recommend you consider self-exclusion from any other online gambling operators with which you have an account if you have not self-excluded via a national Self-Exclusion service like GAMSTOP /SPELPAUS.
8.13 We shall have no responsibility or liability to you or any third party for any gambling activity that takes places (including to refund any losses) if you circumvent our self-exclusion procedures by fraudulent means or by deliberately entering incorrect information.
8.14 Further to the options available within the GTCs, we would also like to bring to your attention that there are additional software tools available that can be used to assist you in restricting access to gambling sites. Examples of such tools are Gamban (www.gamban.com), Betfilter (www.betfilter.com) and GamBlock (www.gamblock.com). We advise parents to make use of third party applications that can be used to monitor or restrict the use of their computer’s access to the internet; Netnanny (www.netnanny.com) or Cybersitter (www.cybersitter.com) are examples of such software.
WINNINGS AND PRIZES
9.1 Potential winnings/details of the odds offered in any games are set out in the games Rules or the terms of any promotion. Details of any other promotional prizes will be stated in the terms of the promotion.
9.2 From time to time competitions will be held on the Site with different kinds of prizes (“Competition Prizes”). These competitions are completely separate from the games and any Competition Prizes will thus not be shown in the Player Account history. The Gaming Operator will contact a Player that has won a Competition Prize in order to verify that the address provided upon registration is correct. The Player is required to reply and confirm that the address is correct before the Gaming Operator delivers the Competition Prize. Any tax levied on Competition Prizes are payable by the Player.
9.3 If the prize includes travelling, as a condition of claiming the prize you are required and obliged to be insured for all travel related risks at your own expense to be eligible to collect the prize.
9.4 The Player understands and accepts that jackpots may be advertised in a certain currency and if it is claimed in a different currency there may be a reduction in the jackpot amount caused by currency fluctuations due to the applicable exchange rate.
9.5 While suppliers, contractors and employees of The Gaming Operator or any group company of The Gaming Operator are allowed to play with The Site, we additionally reserves the right to investigate any winnings of said suppliers, contractors or employees and to delay the payment of any winnings until the investigation has been completed without any finding of fraud or manipulation.
CUSTOMER SERVICE AND COMPLAINTS
10.1 Customer Service is provided by the Gaming Operator through electronic email, telephone and on-line help desk using the contact form at the Site (the “Customer Service”). Customer Services Email Addresses is [email protected]
10.1.1 Spamming of Customer Support (sending repeated copies of the same message) is prohibited. Players are prohibited from harassing or abusing the Customer Support staff. Players are requested to address their concerns without the use of obscenities or threatening language.
10.1.2 The Gaming Operator is entitled to close or suspend the Player Account at its sole discretion if the Player uses abusive and/or aggressive language in its communications with the Gaming Operator.
10.2 A complaints can be directed to the Customer Service via live chat, telephone or email. A complaint shall be deemed to have been submitted in a valid manner when it contains clear information regarding the Player’s identity (Full name, Date of Birth, Home Address, Registered Email Address, and Mobile Number) and gives all relevant details giving rise to the complaint
10.3 We aim to acknowledge the complaint within 24 hours
10.4 We aim to process your complaint within 8 weeks from the date of submission of the complaint by the Player.
10.4.1 If you are not content with the Gaming Operator’s handling of your complaint you may submit your complaint to eCogra using their free ADR service. A process description of the eCogra ADR service is available at this website http://ecogra.org/ata/policies_procedures.php
10.4.2 Intentionally Omitted
10.4.3 Or Swedish customers, please contact the Swedish Consumer Board (Konsumentverket) and follow the procedures set out at https://www.konsumentverket.se/
10.5 The ultimate resolution of the ADR or the regulator does not deprive you of the right to pursue the matter in the courts, which will be the final stage in the process.
10.6 In the event that there is a discrepancy between the outcome of a game as recorded in the Gaming Operator’s database, and that recorded by the Player, the information recorded in the Gaming Operator’s game server will be considered valid.
10.7 Players are prohibited from discussing a complaint or the length of time within which same has been pending or has been processed by the Gaming Operator in the chat rooms.
TERMINATION, BLOCKING AND CLOSING OF PLAYER ACCOUNTS
11.1 We may restrict your access to Winning Room, suspend or terminate your account, withdraw your offers for bets, void any bets outstanding to your account, cancel any unmatched bets or cancel and void any outstanding or matched bets in our absolute discretion if:
11.1.1 We have reason to believe you have engaged in a Prohibited Act;
11.1.2 we are required to do so by any applicable law, rule or regulations;
11.1.3 there is a material technological failure which prevents us from offering the services;
11.1.4 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services;
11.1.5 we suspect that you may be bankrupt or are having difficulties obtaining credit;
11.1.6 you are prohibited from entering into a bet by any term of your contract of employment or any rule of a sport governing body or other professional body which applies to you;
11.1.7 you place a bet on any sporting match or event in which you take part (or in which a team of which you are a member, or in respect of which you are employed, takes part); or
11.1.8 we suspect that you have (or may have) otherwise materially breached these terms and conditions
11.2 You agree to indemnify and hold harmless the Gaming Operator and its officers, directors, employees, agents, licensors, suppliers and any third party content and service providers to the Site from and against all losses, expenses, damages and costs resulting from your violation of the GTCs.
CLOSURE OF THE ACCOUNT
12.1 A Player may at any time request to close his/her Player Account by contacting Customer Support. If the Gaming Operator does not suspect any breach against these GTCs, the Gaming Operator shall execute a pay-out of the Players available funds, less any third party fees, within a reasonable time after the termination request. If the Player has acted in breach of these GTCs, the Gaming Operator shall be entitled to reclaim any winnings that have been paid out or make a set-off of winnings against the balance of the Player Account.
12.2 If a Player closes a Player Account, all funds (except bonus money) will be transferred to the bank account or credit card from which the funds paid into the Player Account originated.
13.1 The Player accepts and acknowledges that the Player Account automatically will be classified as inactive if there has been no log-in and/or log-out in the Player Account during a consecutive period of 12 (twelve) months and you hereby authorize us to charge you and proceed to deduct a monthly administrative fee of 5 Euros, or its equivalent, until your next log-in or for as long as the Real Money remains positive. The Gaming Operator will notify the player 30 days before the account becomes inactive informing of the consequences of such classification. A player may claim a reimbursement of the paid inactive fees if s/he could not access his/her account due to health-related impediments. The player however needs to provide proof of such impediment (“Inactive Account Fee”).
13.2 Intentionally Omitted
PERSONAL DATA AND PUBLICITY
LOCAL LAWS AND PROHIBITIONS
15.1 Persons who are resident in the following countries are expressly prohibited from using the Site and playing any games provided by the Gaming Operator. By registering as a Player, you confirm that you are not a resident in any of the following countries:
Afghanistan, Algeria, Angola, Anguilla, Antarctica, Antigua and Barbuda, Armenia, Aruba, Australia, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Belize, Benin, Bermuda, Bhutan, Botswana, Bosnia and Herzegovina, British Indian Ocean Territory, British Virgin Islands, Brunei Darussalam, Bulgaria, Burkina Faso, Burundi, Cambodia, Cameroon, Cape Verde, Cayman Islands, Central African Republic, Chad, China, Christmas Island, Cocos Islands, Comoros, Democratic Republic of Congo, Cook Islands, Costa Rica, Cote D’ Ivoire, Cuba, Cyprus, Czech Republic, Denmark, Djibouti, Dominica, Dominican Republic, East Timor, Egypt, El Salvador, Equatorial Guinea, Eritrea, Estonia, Ethiopia, Falkland Islands (Malvinas), Faroe Islands, Fiji, France, French Guiana, French Polynesia, Gabon, Gambia, Palestine, Georgia, Ghana, Greece, Greenland, Grenada, Guadeloupe, Guam, Guatemala, Guinea, Guinea-Bissau, Haiti, Honduras, Hong Kong, Hungary, India, Indonesia, Iran, Iraq, Israel, Italy, Jamaica, Japan, Jordan, Kazakhstan, Kenya, Kiribati, Democratic People’s Republic of Korea (North Korea), South Korea, Kuwait, Kyrgyzstan, Laos, Lebanon, Lesotho, Liberia, Libya, Macau, Madagascar, Malawi, Malaysia, Maldives, Mali, Marshall Islands, Martinique, Mauritania, Mauritius, Mayotte, Micronesia, Moldova, Mongolia, Montserrat, Morocco, Mozambique, Myanmar, Namibia, Nauru, Nepal, New Caledonia, Nicaragua, Niger, Nigeria, Niue, Norfolk Island, Oman, Pakistan, Palau, Panama, Papua New Guinea, Philippines, Poland, Puerto Rico, Qatar, Reunion, Russia, Rwanda, St. Helena, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Sao Tome and Principe, Saudi Arabia, Senegal, Serbia, Seychelles, Sierra Leone, Singapore, Solomon Islands, Somalia, South Africa, Spain, Sri Lanka, Saint Pierre and Miquelon, Sudan, Swaziland, Syria, Taiwan, Tajikistan, Tanzania, Thailand, Togo, Tokelau, Tonga, Trinidad and Tobago, Tunisia, Turkmenistan, Turks and Caicos Islands, Tuvalu, Uganda, Ukraine, United Arab Emirates, United States, Uzbekistan, Vanuatu, Vietnam, Virgin Islands, Wallis and Futuna Islands, Western Sahara, Yemen, Zambia and Zimbabwe.
And or any other jurisdiction where Your participation would be in conflict with any applicable law or any other rules, including those relating to online gaming
15.2 It is the sole responsibility of the Player to understand the laws in his/her jurisdiction of residence relating to all aspects of playing any games and/or services offered by the Gaming Operator. Your access to the Site is on your own initiative and you are responsible for your compliance with local laws if and to the extent local laws are applicable. The Gaming Operator makes no representation that materials on the Site or the Gaming Operator’s services are appropriate, available or allowed in your jurisdiction. The Gaming Operator is unable to provide any legal advice regarding this matter and the Gaming Operator accepts no responsibility whatsoever should an individual act in breach of any law or regulation in transacting with the Gaming Operator in whichever manner.
16.1 The Site may provide links or references to other websites. The Gaming Operator has no particular knowledge of information contained in such other sites and does not endorse companies or products to which it links. The Gaming Operator is not responsible for the contents or policies of such other sites and does not accept any liability for any damages resulting from your access to or use of such other sites. If you decide to access any of the third-party sites linked to the Site, you do so entirely at your own risk. The Gaming Operator reserves the right to terminate any link or linking program at any time.
INTELLECTUAL PROPERTY RIGHTS
17.1 All content on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads and software is owned and/or licensed by the Gaming Operator. You may not access, print and download portions of material from the Site unless expressly permitted and then solely for your personal and non-commercial use. Information on the Site may not be altered, distributed or displayed without the express consent of the Gaming Operator.
17.2 The Gaming Operator’s trademarks, trade names and other symbols included or referenced on the Site (the “Marks”) are protected by national and international trademark laws. All use of the Marks is strictly prohibited without the Gaming Operator’s prior written approval. The Marks may not be used in connection with any product or service that is not approved by the Gaming Operator or in any manner that is likely to cause confusion among customers or that disparages or discredits the Gaming Operator. The Player does not obtain any rights in relation to the Marks or any other materials on the Site. A breach of these provisions may entail liability for damages.
17.3 If you upload or post materials to the Site (including but not limited to comments, suggestions, problem reports, bug reports and design ideas) you agree that you automatically grant to the Gaming Operator a non-exclusive, royalty-free, world-wide and perpetual license to use, modify, incorporate and reproduce such materials in any manner and you waive all your moral rights in relation to such materials.
LIMITATION OF LIABILITY AND DISCLAIMER
18.1 To the extent allowed under applicable laws, neither the Gaming Operator nor any of its affiliates or content or service providers accepts any liability for any direct, indirect, special, punitive, incidental, exemplary or consequential loss, costs, expenses and damages of any kind arising from or relating to your access to and use of the Site and/or the services provided by the Gaming Operator. In no event shall the Gaming Operator’s total liability to you for all damages, losses, and causes of action exceed the amount of 10,000 Euros or equivalent in other currencies.
18.2 The Gaming Operator does not warrant that the Site or the services provided by the Gaming Operator will be provided without interruptions, interferences, delays or other types of errors nor that any defects will be corrected. The Site and the services are provided on an “as is” basis.
18.3 If the Gaming Operator, due to a technical error in the systems that the Gaming Operator licenses from its suppliers or due to any other reason outside the Gaming Operator’s reasonable control, makes an erroneous payment to the Player Account, such erroneous payment shall be paid back to the Gaming Operator as soon as the error has been identified. The Gaming Operator shall be entitled to retake such erroneous payment without the Player’s prior consent. Such erroneous payment shall be regarded as a debt to the Gaming Operator until correction has been made. The Player is obligated to inform the Gaming Operator immediately upon becoming aware of an erroneous payment.
18.4 This clause shall not be considered to be excluding liability for anything which it would be unlawful to exclude under applicable law. Nothing in these GTCs will operate as to exclude any liability the Gaming operator may cause in respect of fraud, personal injury or death.
18.5 Intentionally Omitted
AMENDMENTS AND CHANGES
19.1 The Gaming Operator reserves the right to amend or change these GTCs at any time. Any changes to these GTCs will be notified to Players in advance and will enter into force upon acceptance by the Players. If you do not accept the amended or new GTCs you may not access, use or continue to use the Site or any of the services provided by the Gaming Operator and Player must contact Customer Service about closing the account and withdraw any funds remaining in the Player Account. The Gaming Operator advises you to periodically review the GTCs in order to be informed of any changes. The Gaming Operator further reserves the right to change or modify the content of the Site at any time without prior notification and will not be liable to any party in any way for possible consequences of such changes. The Gaming Operator may suspend, discontinue or restrict access to any portion of the Site and/or its services at any time and without notice.
20.1 Any failure or delay by the Gaming Operator in the performance of its obligations of its services shall not be deemed a breach of its obligations to you if such failure or delay is caused by fire, flood, earthquake, elements of nature or acts of God, public utility electrical failure, acts of war, terrorism, riots, civil disorders, rebellions or revolutions, strikes, lockouts, or lobor difficulties, court order, outage, delays or disruptions of the Internet or telecommunications networks, third party non-performance or any other similar cause beyond the reasonable control of the Gaming Operator. The Gaming Operator does not accept any liability for the consequences arising out of any such force majeure events.
APPLICATION OF THE GTCs
21.1 These GTCs constitute the entire agreement between you and the Gaming Operator and supersedes any and all prior and existing agreements with regards to the Site and the services provided by the Gaming Operator. You acknowledge that the Gaming Operator has not made any representations, promises or agreements to you relating to the subjects addressed by the GTCs that are not embodied herein.
21.2 If any provision of these GTCs is held to be illegal or unenforceable, such provision shall be severed from these GTCs and all other provisions shall remain in force unaffected by such severance.
21.3 We reserve the right to assign or otherwise lawfully transfer this agreement. You shall not assign or otherwise transfer this agreement.
GOVERNING LAW AND DISPUTES
22.1 By accessing the Site and/or registering as a Player you agree that all matters relating to your access to and use of the Site and services provided by the Gaming Operator shall be governed by and construed in accordance with the laws of Malta, without giving effect to any principles of conflicts of law.
Any dispute arising out of your use of the Site and/or the Gaming Operator’s services shall be settled by the courts of Malta and you hereby agree to submit to the exclusive jurisdiction of such courts.
22.2 Intentionally Omitted
22.3 You acknowledge that, unless stated otherwise, the games and the Services are organized in Malta and your participation in these Services takes place within the aforementioned territory. Any contractual relationships between you and Winning Room shall be deemed to have been entered into and performed by the parties in Malta, at the registered address of Evoke Gaming LTD.
PART B – GAME SPECIFIC RULES
The rules for casino games are found in each individual game.
The rules for the Live casino game are found in each individual game.