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Promotional Terms and Conditions

1. Introduction

1.1 The terms contained in this document (Promotional Terms) apply to all promotional offers available through Our Platforms (each a Promotion) and, together with any applicable specific promotional terms, which may also be referred to as “Key Terms”, set out on the individual web landing page for the relevant Promotion (Specific Promotional Terms) and Our Terms and Conditions of Use and Privacy Policy (collectively, the Rules), form a legal agreement between You and Us and can only be amended with Our consent. By participating in any Promotion, You are indicating You accept and agree to be bound by the Rules.

1.2 You should check these Promotional Terms and any applicable Specific Promotional Terms before participating in any Promotion.

1.3 In the event of any conflict or inconsistency between these Promotional Terms, any applicable Specific Promotional Terms and the Terms and Conditions of Use, the Specific Promotional Terms shall prevail, followed by these Promotional Terms, but only to the extent necessary to resolve such conflict or inconsistency.

1.4 You can print a copy of these Promotional Terms by selecting the print option from the “File” menu of Your browser.

1.5 Your use of each Platform itself and of any services available through that Platform are subject to the Rules.

2. Promotions and Promotion Periods

2.1 We may, from time-to-time, run Promotions and these may take the form of bonus offers (whether real-money bonuses or some other form of incentive), prize draws, competitions, contests or another form of Promotion, or a combination of any of these. The particular form of Promotion will be described, and full details set out, in the communications (such as e-mails, computer pop-ups and letters) We issue to tell You about each Promotion (each a Promotion Communication) and/or on the individual web landing page for the relevant Promotion.

2.2 For the purposes of all Promotions, the promoter is the entity You have contracted with under the Terms and Conditions of Use (“We“, “Us” and “Our“).

2.3 The period of time during which each Promotion will run (Promotion Period) will be specified in the applicable Specific Promotional Terms. Each Promotion will automatically close at the end of the relevant Promotion Period, at which point no further participation in that Promotion will be possible. Where no Promotion Period is specified the relevant Promotion will end when it is discontinued on the Platform.

3. Promotion Communications

3.1 Unless otherwise indicated in the Promotion Communication, participation in each Promotion is open to users from any of Our Platforms but is limited to one per person, family, household, address or organization to whom We send the Promotion Communication. We reserve the right to restrict participation in certain Promotions to users who fulfill specific selection criteria. Where a Promotion Communication permits multiple participants, We reserve the right, in Our sole discretion, to limit the number of participants.

3.2 Unless otherwise indicated in the Promotion Communication, it is intended for the addressed recipient or category of recipient only and cannot be transferred. If You are not the intended recipient or within the intended category of recipient then the offer is null and void.

4. Eligibility to participate in Promotions

4.1 To be eligible to participate in any Promotion, You must:

(a) be eighteen (18) years of age or older, or the legal age of majority in Your home country, state or province;
(b) be legally entitled to use Our services in accordance with Our Terms and Conditions of Use;
(c) if the Promotion is specifically intended for users who are residents of and/or located in a particular country as stated in the applicable Specific Promotional Terms, be a resident of and/or located in that country;
(d) unless the applicable Specific Promotional Terms indicate that a “no purchase necessary” route is available and subject to section 5.2 below, have successfully completed registration on the Platform for the relevant service in accordance with Our Terms and Conditions of Use;
(e) satisfy any other eligibility criteria set out in the relevant sections of these Promotional Terms in respect of certain general categories of Promotion and in the applicable Specific Promotional Terms; and
(f) not be an Unauthorised Person (as defined in section 6, below);

(a Qualifying Participant).

4.2 To be eligible to participate in any Promotion which is stated to be intended for new users (Participant) you may not already be enrolled in an ongoing Promotion. Such Promotions may not be used in conjunction with any other Promotion. Each user is responsible for providing all necessary material content within a two week period from the start of the Promotion.

4.3 The identity of each participant in a Promotion will be determined from all or any combination of the following: name, address, email address, credit/charge/debit card number, IP address and other forms of identification which may be required. We reserve the right to request further information from You if You wish to participate in certain Promotions.

5. Participation in Promotions

5.1 Participation in any Promotion is voluntary. By participation in any promotion, you agree to receive other special offers and promotions periodically.

5.2 To participate in a Promotion, You should follow the instructions set out in the relevant Promotion Communication, on the individual web landing page for that Promotion and, where appropriate, the applicable Specific Promotional Terms. Where the Promotion Communication or landing page indicates that no purchase is necessary to participate in the Promotion, You may participate by sending an email to the address there specified.

5.3 Unless otherwise indicated in the applicable Specific Promotional Terms, entry into each Promotion may be used only once.

6. Excluded and disqualified participants

6.1 Officers, directors, employees, consultants or agents of Merritt&Cedric LLC or any of its subsidiaries, parent or associated companies.

6.2 Residents of Nevada, District of Columbia, Florida, Illinois, Iowa and Rhode Island and any other jurisdictions where it is illegal to participate in promotions and/or to win cash prizes.
(collectively, Unauthorized Persons)

Unauthorized Persons are not permitted to participate in any Promotion.

6.3 If a non-Qualifying user participates in any Promotion, We reserve the right, without prejudice to any other rights under the Rules, to seek the return of any bonus, payment, award or other prizes, including from that user’s Account.

6.4 We reserve the right, at Our sole discretion, to disqualify any user who cheats or who tampers or attempts to tamper with the entry process for, or the operation of, any Promotion, or whose conduct is in breach of the Rules, contrary to the spirit of the Rules or the intention of the relevant Promotion, or might, in Our reasonable opinion, bring Us, any of Our Group companies or any of Our or their respective brands into disrepute.

7. Qualifying Deposits

7.1 Unless the applicable Specific Promotional Terms indicate that a “no purchase necessary” route is available (or such other dispensation is available), participation in any Promotion is subject to You having made the required minimum deposit as may be required from time-to-time into Your Account, once opened, (Qualifying Deposit) unless the Specific Promotional Terms specify that a different Qualifying Deposit amount is required.

8. Prize Draws

8.1 In respect of any prize draw, Winners will be drawn at random from all entries correctly submitted and, provided all users are Qualifying Participants, no favoritism will be shown in terms of gender, age, geographic location or any other factor.

9. Publicity and intellectual property

9.1 By participating in any Promotion in which You win a Prize or which takes the form of a contest. You agree to co-operate in all advertising, marketing and publicity material and activities We may, at Our expense, produce or arrange.

 

10. Our liability

10.1 Except that We do not exclude or limit Our liability for personal injury or death caused by Our negligence or for fraudulent misrepresentation or any other liability that may not, by law, be limited or excluded, We accept no liability in relation to Your participation (or inability to participate) in any Promotion, including without limitation any use made by You of (or inability to use) any Prize, to the maximum extent permitted by law.

10.2 If any Promotion cannot be executed as planned, including due to any technical problems or circumstances beyond Our control, We shall incur no liability and no bonus, payment or prize of any kind will be awarded.

11. Alteration and termination of Promotions; modification of the Rules

11.1 We reserve the right to alter, discontinue or terminate any Promotion, or any aspect of it, at any time, with or without notice, for any reason whatsoever, including without limitation if there has been any  production, distribution or other error in any Promotion Communication or on the Platform, or where there has been an error in the preparation for or conduct of any Promotion affecting the result of the Promotion or the number of participants or the value of claims.

11.2 The Rules may be modified by Us at any time by posting the modified terms on the relevant page(s) of the Platform. We recommend You revisit these Promotional Terms regularly. By Your continued participation in the Promotion, You accept any such modified terms.

12. General

12.1 You may not assign or transfer any or all of Your rights or obligations under the Rules.

12.2 No third party shall have a right to enforce the Rules against Us.

12.3 Failure by Us to enforce a right under the Rules does not result in waiver of such right.

12.4 If any part of the Rules is found to be unenforceable as a matter of law, all other parts of the Rules shall be unaffected and shall remain in force.

12.5 Our determination and decision on all matters will be final and no correspondence will be entered into. Any dispute or situation not covered by the Rules will be resolved by Our management in a manner it deems to be the fairest to all concerned and, subject to the following section, that decision shall be final and binding on all users.

12.6 You and We agree that the laws of New Jersey apply to the Rules and that any dispute between You and Us arising out of or in connection with the Rules or any Promotion will only be dealt with by the courts of New Jersey.

12.7 If these Standard Promotional Terms or any applicable Specific Promotional Terms are translated into a language other than English, then the English version shall prevail where there is any inconsistency.

If You have any questions, please contact us