Below are the general terms and conditions ("Rules") that apply to all offers, prize offers and competitions (collectively, "Offers") that are advertised on or accessible through the website located at www.pokerstars.es ("Site") and/or via the online platform that is offered to you by the Site (the "Client"). Each Offer is organized by TSG Interactive Spain S.A. ("we"/"us"/"our"/"our company"). Our company is part of the group of companies that are controlled, directly or indirectly, by Flutter Entertainment PLC ("Flutter Group").
In order to participate in any Offer, each entrant ("Entrant"/"you") hereby agrees to be bound by the following: (i) these Rules; (ii) the end user license agreement governing the use of the Site ("EULA"); (iii) the tournament rules governing the participation in any tournament on the Site ("Tournament Rules"); and (iv) any special terms and conditions relevant to the individual Offer as may be displayed on the Site ("Special Terms").
1.1 To take part in any Offer you must: (a) be a registered resident of Spain; (b) be at least 18 (eighteen) years of age; (c) satisfy any eligibility and/or verification criteria set out in any relevant Special Terms; and (d) follow the instructions and meet the requirements set out in any relevant Special Terms.
1.2 Where the Special Terms state that a registered player account on the Site ("Stars Account") is a requirements for participation in an Offer: (i) each Entrant must be the same person whose name appears on the Stars Account; (ii) your Stars Account must be documentarily verified and have been approved for real-money transactions for at least 30 (thirty) clear and consecutive days; and (iii) if your Stars Account has been reopened after temporary closure or self-exclusion, you will only be able to take part in the Offer once 30 (thirty) clear and consecutive days have lapsed since your Stars Account was reopened. By taking part in an Offer, you hereby confirm to us that your name, address and personal details as registered on and set out in your Stars Account are correct and up to date. If you are unable to produce valid proof of your name, address or other personal details upon request and to our reasonable satisfaction, you will be automatically excluded or disqualified from the Offer and may forfeit any privileges, prizes or funds that have been allocated to you.
1.3 Employees and relatives and/or affiliates of employees of the Flutter Group are not permitted to participate in any Offer. For the purpose of this clause, the term 'relative' shall mean but not be limited to spouse, partner, parent, cousin, child or sibling and 'affiliates' shall include, but not be limited to, such an employee's housemate(s) or co-habitee(s).
2. Conduct of Entrants
2.1 If you are found to be in breach of these Rules, the EULA, Tournament Rules or the Special Terms or we discover or reasonably believe that you have acted deceitfully or dishonestly with respect to the Offer, we shall be entitled to (i) exclude, suspend or disqualify you from the Offer; and (ii) exclude you from any or all future Offers.
2.2 We have a zero tolerance policy on activity which is designed to take advantage of Offers 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 we have reason to believe you have carried out Improper Advantage Play we shall be entitled to: (i) reclaim the Offer and any prize, winnings or other rebates relating to the Offer from your Stars Account; and (ii) close your Stars Account in accordance with the EULA.
3.1 The duration, as well as the final date for entry into each Offer, any limit on the number of entries (per Entrant and/or in general) we will accept before closing the Offer, any relevant entry fee, the specific instructions for a valid participation in each Offer, a description of each prize ("Prize") or rebate on offer ("Gift") and details on how winner(s) will be selected, will be set out in the Special Terms that will be displayed for each Offer on our Site.
3.2 For the avoidance of doubt, Prizes, Gifts and/or all other items which may be given away as part of the Offer are non-transferable and non-refundable, and shall not be given, assigned, sold to or exchanged with any other person(s).
3.3 We shall be entitled, acting reasonably, to provide a cash alternative for any Prize or Gift, including where the original Prize or Gift is unavailable or in circumstances where providing the Prize or Gift would pose an excessive financial or logistical burden on us. You will not have the right to require payment of a cash alternative unless we agree otherwise. The cash value of each Prize or Gift (to the extent that we agree to make such cash alternative available in any given Offer) will be specified in the Special Terms.
3.4 Unless otherwise stated in the Special Terms, winners of Prizes/Gifts will be notified within 30 (thirty) days from winning by way of phone, email or other form of communication as may be stipulated for each Offer in the Special Terms. It is your responsibility to ensure that the contact details and email address contained in your Stars Account and those contact details that you may have declared when entering into an Offer and/or during the Offer are valid and correct. We will not dispatch a Prize/Gift until you have been notified of your winnings and the Prize or Gift will be credited to your Stars Account or posted to the address registered to your Stars Account (as may be applicable).
3.5 Prizes/Gifts must be claimed within 30 (thirty) days from when you are notified of your Prize/Gift unless otherwise stated in the Special Terms and/or in a notification you receive from us. If you have not claimed the Prize/Gift within this time, your Prize/Gift will be void. Void prizes may be redrawn and offered to another Entrant or offered in another Offer.
3.6 Following notification to you that you have won a Prize or you are entitled to receive a Gift, the Prize/Gift will be sent or made available to you no later than 90 (ninety) days following the conclusion of the Offer, unless otherwise stated in the Special Terms. Where the Prize/Gift is to be credited to your Stars Account, this will be actioned as soon as practicable and in accordance with the Special Terms. Note that if an element of a Prize/Gift may relate to an event taking place at a future date, you may not be able to use the Prize/Gift or part of the Prize/Gift until such future date.
3.7 There may be additional terms and conditions imposed by the supplier of a Prize or Gift ("Third Party Rules") in order for you to claim and/or use a particular Prize or Gift and we will not be responsible for your failure to comply with any such Third Party Rules. In addition, you may be required to enter into a separate binding agreement with us with regards to conditions governing the Prize and/or Gift and/or the use of any element of the Prize and/or Gift. Failure to abide by such conditions may result in the forfeiture of the relevant Prize/Gift.
3.8 Winners are not entitled nor authorized in any way to commit us to enter into any contract or incur any expense or cost without our advance written acceptance of the same.
3.9 No Prize or Gift will be awarded to any Entrant who:
3.9.1 for any reason, would not be allowed by applicable law to receive and/or use the Prize/Gift or where the supply of the Prize/Gift to that Entrant would be unlawful; or
3.9.2 has opted out of or self-excluded from playing, participating in or receiving communications about our products or services, where the Prize or Gift in question can be won through the use of such products and services.
3.10 Any Entrant in receipt of a Prize/Gift as part of any Offer bears sole responsibility for all duties, taxes or charges that may be payable to any relevant authority, whether applied as a withholding tax from the payment of Prize/Gift or as tax in respect of the receipt of the Prize/Gift, in accordance with applicable laws. If we are required to withhold tax from the Prize/Gift, the amount you receive may be less than the advertised Prize/Gift.
4. Health and Safety – Events and Holiday Prizes
4.1 You must comply with all health and safety guidelines and/or instructions as may be given by us or which you should otherwise be aware of concerning your participation in the Offer and adhere to any applicable legal and regulatory requirements as necessary. Failure to comply with any direction given may result in your disqualification from the Offer.
4.2 You must take all reasonable steps to ensure your own health and safety when taking part in any events or activities forming part of the Offer or the Prize/Gift. Any behavior or act or conduct by you which we consider to pose any medical, security or safety risk (including without limitation any abusive behavior, physical or psychological) will lead to your immediate disqualification from the Offer.
4.3 You are obliged to take all reasonable steps to ensure any relevant safety standards and the general appropriateness of participating in the Offer are met, and you acknowledge your participation in the Offer is undertaken at your own risk.
4.4 You must notify us of any medical or other condition which may mean that you are unfit to participate in the Offer as soon as you become aware of such a condition. We shall be entitled, acting reasonably, to forfeit your place in the Offer or the awarding of a Prize or Gift to you (as applicable), without liability or compensation, if, in our reasonable opinion, you may expose yourself or others to risk of illness or injury or to cause by any means the cancellation, disruption, or curtailment of the Offer.
5. Ownership rights
5.1 This Clause 5 shall only apply in the event that an Offer requires you to submit content for consideration by us as part of the method of entry for that Offer and may include but is not 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 intellectual property rights and other materials contained in the Content submitted by you and/or that you are authorized and have all written permissions required for us to use and exploit the Content as part of the Offer and have secured all necessary permissions, authorizations and consents required by us to include any person (including their names, images, performances, voices, trademarks, likeness and/or biographies) appearing in your Content. In addition, you confirm that by submitting the Content, you hereby grant us an unconditional, irrevocable, non- exclusive, royalty-free, fully paid up, fully transferable, perpetual worldwide right and license to use, publish or transmit, or to authorize third-parties to use, publish or transmit the Content in any format and on any platform, either now known or hereinafter invented without any remuneration to you or any person (in the broadest sense, including without limitation individuals, companies, partnerships and other entities) appearing in the Content in any way.
5.3 You warrant that your Content shall not contain or include or make use of anyone under the age of 18, 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), illegal, unlawful and/or anything that infringes the rights of any person. You warrant that any Content that you submit to us does not infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary or privacy right of any party or individual. You agree not to include or depict anything in the Content: (i) which is intended to upset or harm others; (ii) that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of any classification, including, without limitation, religion, gender, sexual orientation, race, 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 breach any applicable law; or (iv) which is intended for commercial purposes, including, without limitation, to solicit funds or to promote, advertise or solicit the sale of any goods or services.
5.4 You acknowledge that when you send or otherwise share with us your Content in relation to any Offer, you are doing so at your own discretion and risk and that you are solely and fully liable for any material contained in your Content. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any Content submitted by you in relation to the Offer.
5.5 Following the submission of your Content, you acknowledge that we or authorized third parties acting on our behalf, reserve the right to refuse to publish, take down, cut, crop or edit your Content at our sole discretion or at their discretion in case of authorised third parties acting on our behalf. You permit us to carry out any and all of the above mentioned actions as we may deem necessary and we are under no obligation to use, upload, broadcast and/or transmit your Content on our Site or in any media (including our social media platforms).
6. Limitations of liability
6.1 By participating in any Offer, including the submission of any Content, you hereby agree to release, discharge and hold harmless our company, the legal representatives, affiliates, subsidiaries, agencies and respective officers, directors, employees and agents of the Flutter Group, from any costs, expenses damages, losses claims, actions or proceedings brought by you (or any third party on your behalf) ("Claims"), as a result of your participation in the Offer and/or any Prize/Gift that may be awarded to you as a result thereof and we fully exclude any liability in relation to any such Claims (other than payment of any costs and expenses specifically provided as part of the Prize/Gift (if any) with respect to the Offer). This limitation does not include any liability on the part of us to you for: (i) negligence; (ii) death or personal injury arising out of our negligence or the negligence of our employees; (iii) fraudulent misrepresentation; or (iv) any liability that cannot be excluded or limited by applicable law. For the avoidance of doubt, this Clause 6.1 shall also apply in respect of any Prize and/or Gift provided by a third party.
6.2 Save as permitted under Clause 6.1 above, you acknowledge and agree that, to the fullest extent permitted by applicable law, regardless of the form of action, whether in contract, tort or otherwise, in no event will we or the Flutter Group or our affiliates, including, without limitation, their respective officers, directors, employees, successors and assigns, 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 Offer (or inability to do the same), even if we have been advised of the possibility of such damages; or (ii) any claim attributable to errors, omissions, or other inaccuracies in the Offer.
6.3 We shall not be liable to you for any failure to perform any of our obligations under the Offer or in respect of the Prize/Gift where we are unable to do so as a result of circumstances beyond our reasonable control and whilst we may endeavor to provide an alternative Prize/Gift, we shall not be liable to compensate any Entrant where we fail to do so in such circumstances.
6.4 You hereby agree to indemnify and hold harmless our company, the legal representatives, affiliates, subsidiaries, agencies and respective officers, directors, employees of the Flutter Group from and against any and all costs, losses, damages, expenses, fines from any regulatory authorities and liabilities (including for loss of reputation and goodwill and professional advisers’ fees and costs) incurred and/or suffered by us arising as a result of a breach by you or failure to perform or comply with your obligations under these Rules, the EULA, the Tournament Rules and/or the Special Terms or in connection with your failure to follow any instructions given by us or in relation to any matter concerning your participation in an Offer.
7.1 In case of disputes or disagreements concerning any aspect of an Offer including but not limited to any and all matters relating to the awarding of the Prize/Gifts, an Entrant's eligibility to participate in the Offer, the conduct of any Entrant, these Rules, the EULA, the Tournament Rules or the Special Terms, the final decision shall lie with us and any decision made by us shall be final and binding upon you and shall not be subject to review or appeal by you or any third party. 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, we will appoint one independent individual to the judging panel.
7.4 These Rules, the EULA, the Tournament Rules and any applicable Special Terms represent the entire agreement between you and us relating to each Offer that you participate in and supersedes all prior representations, agreements, negotiations or understandings (whether oral or in writing) between us and you. Except as specifically set out herein, all conditions, warranties, representations and terms (whether expressed or implied by law) are fully excluded. The invalidity, illegality, or unenforceability of the whole or any part of these Rules does not affect or impair the continuation in force of the remainder of the Rules.
7.5 If you opt-in to an Offer that requires you to deposit funds in your Stars Account in order to qualify for such Offer, any withdrawal of funds from your Stars Account prior to making such deposit will result in you becoming ineligible to receive the benefit of the Offer. To avoid becoming ineligible without knowing, a pop-up message appears when a withdrawal is requested making you aware that you will forfeit the Prizes/Gifts if you go ahead with your request.
7.6 We reserve the right to withhold Prizes/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 on our Site.
7.7 We reserve the right at any time to make minor amendments or alterations to these Rules or Special Terms to correct errors 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 or the Special Terms as well as cancel, modify or suspend any Offer or withdraw an Offer for specific players and/or Entrants, if: (a) we reasonably believe that the Offer is being abused by an individual or group of individuals which undermines the integrity of the Offer; 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 Offer provided that the reason is sufficiently serious such as a failure of our systems or due to manifest error. Any proposed material changes to these Rules or Special Terms will be either notified to you directly and/or published on our Site. Note that any amendment, alteration or withdrawal of an Offer will not adversely impact Entrants who have already opted in to that Offer except in cases which are beyond our control (e.g. for legal and/or regulatory reasons).
7.8 In the event of any conflict or inconsistency between these Rules and the Special Terms, the terms and conditions set forth in the Special Terms shall prevail.
If you have any questions about any Offer, please contact Support.
Updated November 2022.