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streamR – Terms and Conditions
Preliminary
These “Terms and Conditions” should be carefully read by you (the “streamer”, the “user”, or “you”) in their entirety prior to your registration to the streamR promotion (www.runitonce.eu) (the “promotion”).
The provisions of these Terms and Conditions stand without prejudice to those of the General Terms and Conditions and any other policies referred to therein. Therefore, you are advised to also read carefully the General Terms and Conditions which are the main instrument governing the use of the company’s products and services.
Introduction
Run It Once Ltd. (the “company”), duly incorporated and registered in Malta under registration number C 76266 on 4th July 2016, with registered office at 35 Strait Street, Valletta, Malta is licensed and regulated by the Malta Gaming Authority (www.mga.org.mt) and operates this online gaming website and the services ancillary thereto under a B2C license numbered MGA/B2C/349/2016, issued on 29/08/2017.
These “Terms and Conditions” constitute and govern the contractual relationship between the player and the company as pertaining to the “streamR” promotion, as stated herein. You hereby acknowledge and accept the exclusive validity of such Terms and Conditions, and further acknowledge and accept that by making use of the promotion, and/or by clicking on “I Agree” whenever these Terms and Conditions are presented to you, and/or by pressing the “Register” button to complete the registration process, you are entering into a legally-binding agreement between yourself and the company.
Scope of Application
These Terms and Conditions apply to the availability, operation and usage of the “steamR” promotion, as well as any and all other aspects of the company’s products and services (including, but not limited to the company’s website and the gaming application software (the “client”)) insofar as they are ancillary or conducive to the promotion. They also apply to content which streamers send to, upload on, or communicate through the website or any other software owned by the company, as well as any third-party website designated by the company to form part of the promotion, via e-mail, SMS, community contributions or chat messages (in the following referred to as “streamer content”). The Terms and Conditions apply as amended at the time of use of the content and services, respectively.
Governing Law
All legal relations between the company and the player, the validity and termination of such relations, as well as any disputes arising therefrom, are exclusively governed by Maltese law. By accepting these Terms and Conditions you irrevocably agree to submit to the exclusive jurisdiction of the courts of Malta in relation to any claim, dispute or difference concerning these Terms and Conditions and any matter arising therefrom, and irrevocably renounce to any plea, claim or objection to such an action being brought in such courts.
Description of Promotion
The company manages and operates a promotion whereby players live-streaming their use of its gaming product (“gaming sessions”) on designated third-party websites receive predetermined percentages of the rake back, in increasing increments, and according to the total of number of hours of streaming (“streaming time”) watched each month, subject to such players meeting the other conditions established hereunder.
The company reserves the right to subject the access of players to the games and services to compliance with certain conditions (such as minimum age, minimum amount of streaming time, and reporting requirements) in addition to section 6.
Conditions of participation
To participate in the promotion, you must possess a unique user account with the company in relation to its gaming product, along with having a unique user account with any third-party website designated by the company for the purposes of the promotion. Registration for a user account with the company is governed by its General Terms and Conditions, while the registration for a user account with third-party websites is exclusively governed by the specific Terms and Conditions and any other applicable provisions found therein. Nothing within these Terms and Conditions shall be interpreted as governing in any way the creation of user accounts on, and correct use of third-party websites.
In addition, you must register to participate in the promotion using the designated form on the company’s website and be subsequently approved by the company to participate in the promotion. Any claim to participation in the promotion and/or use of any of the promotion’s elements (including but not limited to, any of the promotional material and intellectual property rights belonging to the company) shall be considered as being unauthorised and in violation of these Terms and Conditions if made prior to the company signalling its written approval of your participation in the promotion.
By registering to participate in the promotion, you warrant and represent, at all times, that you satisfy the conditions of participation as pertaining to the games offered by the company, as outlined within section 6 of the General Terms and Conditions. In addition, you shall not make use of any of the following languages when streaming as part of your participation within the promotion: – Maltese – German – Dutch – Lithuanian – Latvian
You are solely responsible for the technical configuration of your computer or device used to connect to our website, client and any third-party website, as well as the streaming of your gaming sessions in accordance with the requirements set out hereunder. Details on the recommended configuration are set out in the Help Centre.
There is no legal claim to register and participate in the promotion.
Intellectual Property
Subject to the provisions of these Terms and Conditions, the company grants you a limited, personal and revocable license to access and use the company’s name, logo and other promotional material it makes available to you for use from time to time for the purposes of your participation in the promotion. You may not transfer, assign, sublicense or otherwise transfer this license or any of the rights emanating therefrom to any person without the express written consent of the company.
By registering to participate in the promotion and/or by using any of the services on the website/client, you acknowledge that the company is the sole holder of all the rights to the contents, code, and organisation of all its products and services, including (but not limited to) trademarks, patents, copyright, intellectual property, trade secrets, and design rights. You shall use the content of and information on the website/client, as well as any other promotional material made available to you for your personal use and participation in the promotion only and refrain from using this intellectual property (“IP”) in any other way whatsoever. You shall not modify, amend, crop, add to or otherwise alter any of the promotional material made available to you by the company for the purposes of your participation in the promotion, and shall only use such material in strict adherence with the company’s guidelines as revised from time to time.
You agree to grant the company a perpetual, non-exclusive, worldwide, royalty free, non-transferable, non-revocable, non-assignable and non-sublicensable license to access and use the streamed content you create by featuring the company’s gaming product as part of your participation in the promotion, for the purposes of advertising or otherwise publicizing the promotion and the company’s gaming product. There shall be no claim for compensation or reward of any kind.
Improper Use of Promotion
Any improper use of the company products and services is strictly prohibited. For the purpose of this section, “improper use” or “misconduct” shall be deemed as including (but is in no way limited to) the following acts:
– Use of vulgar, offensive, sexually explicit, political or inflammatory language or imagery, or any other form of language or imagery used by you and which in the company’s sole discretion is deemed to be inappropriate;
– Any misuse by you of the company’s products or services. Provided that ‘misuse’ is to be construed as meaning any use of the company’s products or services in breach of the General Terms and Conditions and any other provisions applicable thereto;
– Use of the promotion to disparage the company and/or any of its products or services;
– Use of the promotion to promote, sell, suggest, or otherwise market directly or indirectly any third-party product or service;
– Any unauthorized alteration to the promotional material or any intellectual property rights provided or sublicensed to you in accordance with these Terms and Conditions; Targeting of minors, vulnerable adults and people located within prohibited jurisdictions;
– Any material breach of these Terms and Conditions.
Sanctions for Misconduct
In the event of suspected or proven misconduct by a player, the company reserves the right to immediately exclude such player from the promotion and/or to terminate his contract with the company. Furthermore, when investigating alleged or suspected misconduct and/or when such misconduct is proven to the company’s satisfaction, the company is entitled to interrupt and terminate on-going participation within the promotion without any obligation on it to pay out the rakeback for the period within which it reasonably suspects the alleged or suspected misconduct to have taken place.
Termination
Both parties are entitled to terminate the contract at any time with immediate effect and without statement of a reason or cause.
You can terminate your contract with the company by sending an e-mail stating your name and username to the support team and stating your intention to no longer participate in the promotion. Within 2 weeks of receipt of such e-mail, the company shall issue any and all pending rakebacks and remove your information from its streamR database.
Upon termination of the contract in accordance with the provisions of this section, you shall have no further claims and/or access to your streamR account or to any related services and products, and you must immediately proceed to removing any and all promotional material and other elements which suggest that you might still be participating within the promotion.
Operation of Promotion
A. Registration
You may register to participate in the promotion by successfully completing the registration process on the company’s website. You may only register yourself and using your email address and relevant account credentials.
When registering you shall be expected to provide the company with the following information, which you warrant to be accurate and complete in all respects:
Email address: The email address used must be the same as that linked to your player account with the company.
RIO-P username: You must use the unique username you would have selected when creating your player account with the company.
Streaming method: You must select at least one third-party website which you shall be using to stream your gaming activity as part of the promotion. The current third-party websites designated by the company as eligible for such purpose are:
Twitch
YouTube
You are solely responsible to ensure that the details provided in the course of the registration process are kept up-to-date at all times, by communicating any alterations to the company’s Customer Service Team whenever necessary and without undue delay.
B. Pre-Approval
Once submitted, your application will be reviewed by the company. The company reserves the exclusive right to refuse your application without statement or reason. There is no claim to participation in the promotion.
The company will communicate its approval of your application in writing. You shall refrain from claiming participation in the promotion and/or using any of the promotional material or intellectual property of the company pertaining to the promotion prior to receiving such approval.
C. Streaming conditions
As part of the promotion, you will be receiving an established amount of rakeback (the “rewards”) in proportion to how many hours you stream your gaming activity (in accordance with the conditions hereunder), and how many of those hours are subsequently watched by third parties.
Eligibility for rewards is calculated every calendar month (between the first day and last day of every calendar month).
In order to qualify for the rewards, you must, for any given calendar month, at least reach one of the established brackets of streaming hours (which must in turn consist of a minimum number of hours streaming yourself playing on at least one poker table within the company’s gaming client, as well as a minimum number of hours streaming yourself playing on only poker tables within the company’s gaming client); and also at least reach the respective threshold of streamed hours watched by third parties (“watch time”) in relation to the particular level of the promotion.
The above table shows the minimum stream-time and watch-time requirements, per streamR level. Provided that if you have registered two accounts as per section 11A, the aggregate streaming activity across both accounts will be eligible for the promotion, subject to the provisions of these Terms and Conditions.
For the avoidance of any doubt and without prejudice to any other provision within these Terms and Conditions, a “streaming session” is defined as commencing on the moment that you start filming yourself and/or digitally recording and/or capturing the activity you conduct on your computer or other device, and terminating on the moment that you stop such filming and/or digital recording and/or capturing.
When streaming yourself playing on at least one poker table within the company’s gaming client, you may, at the same time and within the same streaming session, stream yourself playing on other gaming platforms not belonging to the company. However, when streaming yourself playing on only poker tables within the company’s gaming client, you shall not, at the same time within that streaming session, feature, mention or cause to be made visible in any way, directly or indirectly, any other gaming platforms not belonging to the company.
A streaming session or any part thereof shall not be considered as being eligible for the promotion if it does not feature both a live-streamed video showing yourself as well as a simultaneous live digital recording and/or capture of the activity you conduct on your computer or other device, and in particular, your relevant gaming activity in accordance with the last preceding provision (jointly referred to as the “streaming elements”). For the avoidance of any doubt, both these streaming elements need to be captured and streamed concurrently via the selected third-party website/s in order to be considered as eligible for the promotion.
Provided that the live-streamed video showing yourself must clearly show your face and consist of both video and audio output, and that such audio output shall consist, in its majority, of a live and concurrent narration, discussion, description, reflection or commentary on the relevant gaming activity being carried out.
In addition, and without prejudice to any other provision within these Terms and Conditions, a streaming session or any part thereof shall not be constituted as being eligible for the promotion if it does not also feature, within the digital/recording and/or capture of the activity you conduct on your computer or other device, a clear, static, unchanging display of at least one (1) promotional element which the company shall make available to you for the purposes of the promotion. You shall take any and all reasonable steps to ensure that any graphics and/or text within the promotional element are clearly visible and legible, and that no portion thereof is hidden or otherwise obstructed throughout the eligible streaming session or part thereof.
You shall ensure that a full, unedited, total and complete recording of your live streaming session will be automatically made available and accessible to the public on the same third-party website used for the live streaming session and registered with the company as per Section 11A, shortly after the live streaming session ends, and in any case, not longer than twenty-four hours later.
D. Self-Reporting
Without prejudice to any other provision within these Terms and Conditions, no streaming session or any part thereof which is not self-reported by you to the company will be considered as being eligible for the promotion.
You may self-report a streaming session or any part thereof by logging into your specific streamR account page within the company’s website and logging the relevant streaming hours in accordance to their respective category as per section 11C of these Terms and Conditions. You must self-report a streaming session or any part thereof within no later than seven (7) days from the date when such streaming session took place.
In logging your streaming hours as provided in the last preceding provision, you shall be requested to include the following information:
Date of stream
Hours streamed on that date, broken down by each category:
Hours streamed with at least one RIO-P table
Hours streamed with only RIO-P tables
Self-reporting a streaming session or any part thereof shall in no way automatically make it eligible for the promotion. The company reserves the right, at its sole and unlimited discretion, to refuse to consider a self-reported streaming session or any part thereof as eligible for the promotion if it is in breach of these Terms and Conditions or constitutes an improper use of service as outlined in section 8 herein.
By no later than five (5) days after the last day of every calendar month, you shall also be required to submit, via your streamR account page as outlined in section 11.15 an extract taken directly from your third-party website used for your streaming activity, and clearly showing the statistics for your account with such third-party website/s, including your total watch time for that calendar month.
E. Determination of Eligibility
The company shall determine the eligibility of all self-reported streaming hours. Eligibility shall be assessed at the company’s sole and unlimited discretion, but based on the following conditions:
Whether the hours streamed qualify for any of the categories provided for in section 11C of these Terms and Conditions. The company reserves the right to recategorise any portion of streaming hours logged if, upon assessment it is found to have been incorrectly categorised by you during Self-Reporting.
Whether the hours streamed fully adhere to the provisions of these Terms and Conditions.
The company shall assess the watch time based on the total account watch time reached by the last day of every respective calendar month. If you have registered two accounts as per section 11A, the company shall assess the aggregate total account watch time for both accounts.
In determining eligibility, the company shall consider whichever is the higher between the total watch time for the respective calendar month or the average watch time obtained by the streamer during the last three preceding months, insofar as these are eligible in accordance with these Terms and Conditions. The streaming level assigned for the respective calendar month and the reward assigned thereto will be dependent on the higher amount determined as aforementioned.
F. Payment of Rakeback
If the company determines that your total hours streamed and total watch time for a given calendar month make you eligible to qualify for any of the levels as provided in section 11C, you shall be considered as eligible to receive the reward corresponding to the level reached.
In calculating the amount of rakeback due with respect to a particular month of participation in the promotion, the company shall apply the relevant percentage of rewards due for the level reached for the respective calendar month to the amount generated by you in rake, from which the company shall reduce fifty-one percent (30%) (or any other amount applicable at the time) and further reduce any amounts received in bonuses and/or rewards.
You shall receive the corresponding rakeback within fifteen (15) days of the company’s determination of your eligibility as per the last preceding section, by means of the corresponding amount being credited directly to your player account with the company.
The company reserves the right to limit, refuse, delay or overturn the payment of rakeback at its sole discretion if it suspects that the system is being abused or that the promotion is being used improperly, until and for as long as is necessary to investigate such suspicions.
G. Non-Compete and Company Promotion clauses
Upon reaching Level 2 or any higher Level of the Promotion as outlined in section 11C of these Terms and Conditions, and after having successfully satisfied the requirements relating to such Level/s for two (2) consecutive months and prior to starting the third month thereafter, you shall be requested by the company to consent to Non-Compete and Company Promotion clauses which shall be applicable to you and upon which your continued participation in the promotion will be dependent.
The company shall inform you about the clauses and provide you with a full copy of the text thereof within seven (7) days of commencement of your third month at the Promotion level/s as aforementioned.
You hereby acknowledge and accept that failure by you to consent to the clauses as aforementioned constitutes sufficient cause for the company to terminate your participation in the promotion with immediate effect and without further notice, from the day of its receipt of a notice of your decision, or from your failure to consent thereto within the period specified by the company, according to whichever comes first.
H. For Residents of Great Britain (England, Scotland, Wales)
If you are a resident of England, Scotland, or Wales, and in order to be eligible for the rewards, you must, for any given calendar month, at least reach one of the established brackets of streaming hours (which must in turn consist of a minimum number of hours streaming yourself having at least one poker table within the company’s gaming client or the Lobby of the aforementioned client visible on screen); and also at least reach the respective threshold of streamed hours watched by third parties (“watch time”) in relation to the particular level of the promotion. Level At Least One RIO-P Table or the RIO-P Lobby On Stream 1 30 2 30 3 45 4 45 Provided that if you have registered two accounts as per section 11A, the aggregate streaming activity across both accounts will be eligible for the promotion, subject to the provisions of these Terms and Conditions. Further provided that you may, at the same time and within the same streaming session, stream yourself playing on other gaming platforms not belonging to the company, insofar as they are not in breach of Section 30 – herein.
Streamers shall take all reasonable steps to ensure that they do not directly or indirectly appeal to children, young persons and other vulnerable persons throughout their participation in the promotion. If you are a resident of the aforementioned territories, you warrant and represent that you have been made aware of the existence of specific regulations, called the ‘CAP Advertising Code’ which establish the standards which should be followed with respect to marketing communications for gambling companies. For the avoidance of any doubt, the company considers any streaming session and recording thereof created as part of your participation in the streamR promotion to be a “marketing communication” for gambling, and therefore subject to Section 16 of the CAP Advertising Code. For this purpose, the company shall consider any breach of Section 16.3 of the aforementioned Code as constituting “improper use” or “misconduct” in accordance with Section 8 of these Terms and Conditions, and therefore subject to the sanctions outlined in Section 9 herein. Furthermore, if you are resident of the aforementioned territories, you shall refrain from streaming, featuring, promoting or referencing in any way whatsoever any content which may be reasonably deemed as having a direct or indirect appeal to children, young persons and other vulnerable persons as part of your streaming sessions created as part of your participation in the streamR promotion. Any such action shall be deemed to constitute “improper use” or “misconduct” and the company reserves the right to take any measure outlined in section 11.17 herein.
For the avoidance of any doubt, all provisions of these Terms and Conditions shall apply to, and govern the use of the streamR promotion by, residents of England, Scotland, or Wales, with the exception of the following Sections: 11.8; 11.16.
Privacy and Cookie Policy
The promotion is fully subject to the company’s Privacy and Cookie Policy which constitutes the main terms governing the collection, processing and handling of your personal data by the company and any third parties it might work with in providing you with its products and services. By accepting these Terms and Conditions you are warranting that you have also read the Privacy and Cookie Policy and consented to the provisions therein.
No Warranties and Limitation of Liability
Sections 17 and 18 of the General Terms and Conditions concerning no warranties and the limitation of liability are fully applicable to the fullest possible extent (mutatis mutandis) to the scope of this promotion. The company provides this promotion “AS IS” and without any express or implied warranty of any kind whatsoever.
For the avoidance of any doubt, your participation in the streamR promotion is construed as constituting “your use of the company’s products and services” as outlined within the aforementioned sections of the General Terms and Conditions, and consequently subject to the limitations to liability applicable thereto.
Notification of Changes
These Terms and Conditions are subject to changes and amendments, which shall be published by the company on its website or communicated to you by any other means which the company might adopt from time to time. If you do not accept any changes or amendments to these Terms and Conditions you shall communicate this to us without delay by sending an email to [email protected], and shall still be eligible to receive any pending rewards, in a manner which will be governed by the last version of these Terms and Conditions which you would have accepted. You are obliged to regularly inform yourself about the current version of the Terms and Conditions governing the promotion.
All notices relating to these Terms and Conditions are only valid if they are published on the website, sent by e-mail to the address specified by you in the registration or thereafter, or otherwise communicated to you by the company.
If any of the provisions of these General Terms and Conditions are found invalid, the other provisions remain in full force and effect.
Complaint Handling
In the case of any complaint you might have concerning your participation in the streamR promotion, you shall follow the same procedure as outlined within Section 19 of the General Terms and Conditions which is hereby considered to be fully applicable to this promotion and any and all aspects therein.
