STANDARD FORM CONTRACT - TERMS AND CONDITIONS
VERSION 2.0 (26 October 2022)
TABLE OF CONTENTS
The following terms, as used hereinafter, when used with their first letter capitalized, shall have the following meanings:
(1) "Online Gaming License" or "License": The administrative license issued by the HGC for Organizing/Conducting Games. There are only two types of licenses: a) Type 1 License for conducting Online Betting and b) Type 2 License for Conducting Other Online Games.
(2) "Suitability License" or "SL": It is the act of approving the Suitability of a person, in accordance with the provisions of the Gaming Regulation on the Suitability of Persons.
(3) "Anti-Money Laundering Authority": Anti-Money Laundering Authority is the Authority for Combating Money Laundering of Article 47, L. 4557/2018 (A' 139), as in force.
(4) "Unusual transaction or activity": The transaction or activity of paragraph 15, Article 3, L. 4557/2018 (GG A' 139).
(5) "Conduct": Conduct is the conduct of a game of case s, Article 25 of the Law. When the provisions of this Contract provide for the concept of Conduct, they also imply the concept of Organization and vice versa.
(6) "Organization": Organization is the organization of a game, according to case r, Article 25 of the Law. When the provisions of this Contract provide for the concept of Organization, they also imply the concept of Conduct and vice versa.
(7) "HGC" or "Authority": HGC is the Hellenic Gaming Commission.
(8) "Electronic Player Account (EPA)" or "Your Electronic Account": the account of case o, Article 25 of the Law.
(9) "Website": The websites through which the License Holder conducts gaming via the Internet, which belong to the License Holder and are required to have a domain name ending in .gr.
(10) "Regulation" or "Gaming Regulation": The decision of the Minister of Finance under number 79835 ΕX 2020/24.7.2020 (Β΄3265) as amended and currently applicable.
(11) "Anti-Money Laundering Regulation": The decision of the HGC issued by authorization of case f, par. 3 of Article 28 of the Law.
(12) "Suitability": The confirmation by the HGC or the License Holder on the existence of the qualifications and conditions for the issuance of a Suitability License and/or Suitability Card, in accordance with the provisions of the Gaming Regulations on the Suitability of Persons.
(13) "Manufacturer": The person that manufactures (indicatively studies, designs, assembles, creates, programs the Technical Means and Materials) and in any way provides to the License Holder any Technical Means and Materials and has been registered in the relevant registry kept by the HGC.
(14) "License Holder" or "Holder": The legal entity that provides services of Organization and Conduct of games of chance and which has been granted an Online Gaming License, in accordance with the provisions of the Law and the Regulation. Each Holder may be granted both types of Licenses. In this Contract, the License Holder is PokerStars (as defined below).
(15) "Jackpot": Any fixed or progressively increasing value or combination thereof awarded to Players, which is regulated by the Manufacturer or the License Holder, at Game level or Game interface level or system level or any combination of the above.
(16) "Other Online Games": According to case v, Article 25 of the Law, these are casino games, poker and its variants, offered online and conducted either live or with the use of a random number generator.
(17) "Means of Payment": Any Money Transfer, debit card, credit card, prepaid card, e-wallet, personalized device, cash and any other means used by the Player to deposit and disburse amounts when Gaming, according to the provisions in force.
(18) "Money Transfer": Any transaction made through electronic means, by a Payment Service Provider on behalf of a payer. The purpose is to make money available to a beneficiary through a Payment Service Provider, regardless of whether the Payer's Payment Service Provider and this of the beneficiary is the same person, including: a) credit transfer b) direct debit c) remittance services according to the defined in L. 4537/2018 (Α' 84), as well as d) the transfer made using a payment card, any type of electronic money or any other personalized device with similar characteristics and functionality, in accordance with the provisions in force.
(19) "Non-cooperating States": The countries and jurisdictions of par. 3, Article 65, L. 4172/2013 (A' 167), as well as the countries of paragraph 3 of Appendix II of L. 4557/2018 (A' 139).
(20) "Law": The Law 4002/2011 (A' 180).
(21) "Game Guide" or "Guide": The information posted on the Website by the License Holder in the Greek language and includes, per Game or Group of Games, all the necessary details for the Participation of the Players, the terms and conditions of the Games, as well as the odds table/profit distribution, where it exists.
(22) "Certification Body": The certification body that operates a specialized laboratory (Test Lab) and that has been recognized by the HGC in accordance with the Gaming Regulation on the Suitability of Persons or a certification body accredited in accordance with the applicable European and/or international standards, by the Hellenic Accreditation System S.A. (E.SY.D.) or by accreditation bodies of other countries, with whom E.SY.D. has signed a mutual acknowledgment agreement.
(23) "Terms": The terms of this Standard Form Contract.
(24) "Player" or "You" or any other reference in second person, whether the first letter is capitalized or not: You, as a natural person, that constitute the counterparty of PokerStars.
(25) "Gaming Activity": The set of data related to Your Participation in Gaming.
(26) "Certification": The approval for installation and commissioning of the Technical Means and Materials in terms of compliance with the Technical Specifications or the documentation of the equivalent of the technical and functional characteristics of a TMM with these specifications.
(27) "Personal Data Protection Policy": The corporate policy of the License Holder in relation to the personal data and information collected, in particular as to how the data and information are collected, the purpose and legal basis of their processing, the manner of use, disclosure, storage and protection of data and information, data subjects' rights and technical and organizational security measures.
(28) "Actual Beneficiary": The natural person on behalf of whom the transaction or activity is carried out, in accordance with the provisions of paragraph 17, Article 3 of L. 4557/2018 (Α' 139).
(29) "Regulatory Framework": All legislative and regulatory provisions, the terms of the Licenses, as well as the HGC's Guidelines which determine the conditions for the legal organization and conducting of Games in Greece.
(30) "Standard Form Contract" or "Contract": This Contract, between PokerStars and you, so you can legally participate in online gaming organized and conducted by PokerStars.
(31) "Participation": The registration of a Player's details/preferences in any Game and the validation thereof upon payment of a fee.
(32) "Affiliate": The person who collaborates with the License Holder, for the promotion of specific Games, by placing links on their website, in order to attract more players to the website of the advertised License Holder for conducting online gambling, subject to the provisions of Article 35 of the Law, have received a Suitability License by the HGC and are registered in the corresponding Registry.
(33) "Technical Means and Materials for Conducting Games" or "TMM": The Certified, where necessary, means/material/machine, electronic/mechanic or electromechanical and electronic program (any type of software or computerized system), which is used, directly or indirectly, for the Organization and Conduct of Gaming Activities and which is related and/or affects and or determines and/or monitors and records the result of the Gaming Activities or generally the conduct of Gaming Activities.
(34) "Gaming" or "Games": The Online Betting of case c, Article 25 of the Law and the Other Online Games of case k of Article 25 of the Law, which can be Organized and Conducted legally in the Greek territory by the License Holder through the website.
(35) "Responsible Gambling": All principles and obligations of the License Holder and the provisions of the Gaming Regulation and Guidelines of the HGC, aiming to ensure that any activity in the gambling sector be exercised in accordance with the provisions in force, in a socially responsible manner, to minimize the negative impact on Players due to their Participation in Gaming.
(36) "Unusual transaction or activity": Any activity for which there are nuanced indications or suspicions of attempting to commit or committing the offenses of Article 2 of l.4557/2018 (A' 139) or involving the Player or the Actual Beneficiary in criminal activities, based on the evaluation of the Gaming Activity and Player, such as the nature of the Gaming Activity, the category of the Means of Payment, the frequency, complexity and amount of transaction, the use or not of cash, the profession, financial status, transactional behavior, reputation, past and other key data that may characterize the transaction.
(37) "PokerStars": The Maltese-based (The Flutter Group, Spinola Park, Level 2, Triq Mikiel Ang Borg, St Julians, SPK 1000) company under the name "Diamond Link Limited", with a company registration number of the Malta Business Registry (MBR) "C53883".
(38) "Flutter Group": A group of companies that are controlled, directly or indirectly, by Flutter Entertainment PLC.
(39) "PokerStars Software": Any software made available by PokerStars via the Websites, whether downloadable or otherwise, including the 'client' software.
2. PURPOSE AND OBJECT OF THE CONTRACT
2.1 This Contract is concluded between PokerStars and you in order for you to legally participate in online gambling by PokerStars. The object of the Contract is the writing of the rights and obligations of the contracting parties (i.e. PokerStars and you), in accordance with the Regulatory Framework.
2.2 You understand and agree that in this Contract you are a counterparty to PokerStars, the Maltese-based company (The Flutter Group, Spinola Park, Level 2, Triq Mikiel Ang Borg, St Julians, SPK 1000) under the name "Diamond Link Limited", registration number of the Malta Commercial Registry (MBR) C53883 and contact number +35622775000. PokerStars operates the following gaming sites for the Greek territory: (a) www.pokerstars.gr, (b) www.pokerstarssports.gr
and (c) www.pokerstarscasino.gr
as well as any related mobile apps. PokerStars is the holder of the Licenses with details: (a) HGC-000028-LH for Type 1 License to Conduct Online Betting and (b) HGC-000029-LH for Type 2 License to Conduct Other Online Games. The above under "a" License allows PokerStars to conduct online betting and is valid from 05/07/2021 until 05/07/2028. The above under "b" License allows PokerStars to conduct Other Online Games, as defined by the Law (i.e. casino, poker and gambling games, provided online and conducted either live or using a random number generator and is valid from 05/07/2021 until 05/07/2028. These two (2) Licenses were granted by the HGC in accordance with the Law and the decision of the Minister of Finance 79835 EX 2020/24.7.2020 (B' 3265). This Contract has been approved by the HGC pursuant to the decision number 15710 of 02/11/2021 of the latter as well as HGC’s decision for the first amendment of this present under no. 21335 dated 20/10/2022.
2.3 The purpose of this Contract is to regulate your Participation in the Games, in accordance with the applicable legal and regulatory framework for the organization and conduct of the Games. By accepting this Contract, you unreservedly agree to abide by these Terms, our Personal Data Protection Policy, and other PokerStars Gaming rules and policies such as those set out in Section 4.4 below, the PokerStars Rewards Terms and General Promotion Terms.
2.4 The PokerStars' Personal Data Protection Policy can be found at the following hyperlink: www.pokerstars.gr/privacy/. The website of the HGC is: www.gamingcommission.gov.gr.
3. CONCLUSION OF CONTRACT - AMENDMENT OF CONTRACT
3.1 This Contract has been approved by the HGC. Any modification to this must be approved by the HGC, otherwise PokerStars will not post it on its websites.
3.2 This Contract and any amendment thereto are concluded once you accept its Terms Such acceptance of this Contract, as well as any amendment to it is made electronically, in an explicit manner which cannot be disputed.
3.3 In the event of a subsequent amendment to this Contract, PokerStars will notify you, upon your first login to your Online Account, following the posting of the amended Contract, with specific reference to any changes made. You will need to expressly accept the amended Terms to continue using the Websites.
3.4 The acceptance of the amended Contract is made through the acceptance of its terms by You, upon your first connection to your Electronic Account following the posting of the amended Contract.
3.5 In the event that you do not accept the amended Contract, then this is terminated and the terms related to the termination are closed and the transactions are cleared, subject to the provisions of decision number 79835 EX 2020/24.7.2020 of the Ministry of Finance (B' 3265), the Anti-Money Laundering Regulation and the relevant provisions.
4. CONDUCTED GAMES
4.1 The Games, conducted by PokerStars under its HGC Type 1 License to Conduct Online Betting (issue number HGC-000028-LH), are the following: betting on sporting events, fantasy sports, virtual events and other events, which are not recorded, whether fantasy - virtual or not, which by their nature are suitable for bets being placed.
4.2 The Games, conducted by PokerStars under its HGC Type 2 License to Conduct Other Online Games (issue number HGC-000029-LH), are the following: (i) casino games, poker and/or variants there on, played live, in a studio, with a live dealer and whose outcome is not generated by an RNG; (ii) casino games, poker and/or variants thereon, whose outcome is generated by RNG; and (iii) poker and/or variants thereon played peer to peer including poker cash games and poker tournaments.
4.3 To Conduct certain Games, PokerStars cooperates with Manufacturers registered in the relevant registry kept by the HGC.
4.4 You understand that the specific rules for conducting each individual Game or Game category/group conducted by PokerStars are available on the Websites. Please see for example: How to Play - Poker, Tournaments - Poker, How to Play – Casino, Help – Casino, How to Guide – Sports Betting, Sports Rules, and Sports Betting FAQ. Game rules may also be found within the relevant Games themselves. Elements, such as the environment for organizing and conducting betting events, the rules of the sports, the rules of Gaming, the categories of success, the chances of winning, the way of extracting the winning result, the minimum and maximum amount of participation, where applicable, the odds multipliers, the way of determining the betting odds, the commission (rake) that may be withheld by PokerStars for the Participation, the way of calculating the tax on the winnings for an individual game or Group of Games, the jackpot conditions, the way of displaying, etc. are described in the Game Guide.
4.5 You understand that your Participation in the Games implies the unconditional acceptance of the current, as per above, Game Guide, which you can read at How to Play - Poker, Tournaments - Poker, How to Play – Casino, Help – Casino, How to Guide – Sports Betting, Sports Rules, Sports Betting FAQ, and within the relevant Games themselves, where you may find more information per Game or category/group of Games.
5. PARTICIPATION IN THE GAMES
5.1 Creation of Electronic Player Account
In order to be eligible to participate in the Online Gaming provided by PokerStars, you must be a natural person and accept the Terms of this Contract, while PokerStars must create an Electronic Player Account for You. A unique PokerStars Electronic Account is maintained for each Player and you participate in PokerStars Games exclusively with this Account. The creation of multiple Electronic Accounts by the same Player and the management of their Electronic Account by third parties, are prohibited.
To create an Electronic Player Account, you must complete the relevant steps through the 'Registration' button on the Websites. No payment is required to create an Electronic Player Account. Before completing the registration application, we recommend that you read carefully the Terms of this Contract, to be informed, among other things, about the following:
- The data required to provide for the creation of an Electronic Player Account, in accordance with the provisions of the Anti-Money Laundering Regulation and PokerStars' corporate policies, including the place, time and method of submission. You will need to confirm your age and provide certain personal information, such as your first and last name, home address, email address, telephone number, date of birth, and/or any other information that we may need in order to comply with the Regulatory Framework in force.
- PokerStars must refer to the registry of excluded persons, kept by PokerStars itself and the HGC, in order to establish that the person requesting the creation of an Electronic Account is not registered in it and that the request for the creation of an Electronic Account is rejected if the person is registered in the registry of excluded persons.
- For the creation of an Electronic Player Account, you make the following guarantee statements:
aa. You have full legal capacity and there is no other obstacle for your participation in the Games.
bb. You are at least 21 years old.
cc. Your Participation in the Games is your free and independent personal choice and takes place without provocation or motivation.
dd. You will use the Electronic Player Account exclusively on your behalf and not on behalf of a third party.
ee. You will inform PokerStars, without undue delay, in case of change of any personal information provided at the time of registration and/or later.
ff. You have the necessary software and hardware for the use of the services and the receipt of updates and notifications from PokerStars.
- If you conclude this Contract, you realize, completely comprehend, and accept that you are not allowed to:
aa. Create and/or use more than one Electronic Player Account.
bb. Use a third party's bank account, debit card, credit card, prepaid card, payment wallet or any other payment method.
cc. Make use of the services provided by PokerStars outside the Greek territory.
dd. Attempt Participations, while in a state of temporary abstention or exclusion.
ee. Attempt or Participate in fixed games or to follow unfair practices.
- If you conclude this Contract, you realize, completely comprehend, and accept that:
aa. In order to log into your Electronic Account and operate it, you are required to use a unique Username, in combination with a secret Password. The combination of these elements is unique for You, is used to identify you, is a presumption of your use of the services provided by PokerStars, and is confirmation of your acceptance of the terms of this Contract. Without prejudice to any additional identification-security measures when making electronic money transactions by the clearing payers or the PokerStars Software, your creation / use of a unique Username and Password demonstrates your willingness to make transactions in your name and confirms that your Participation in the Games is a product of your own will, without motivation or provocation by a third party.
bb. You must keep the information you use to log into your Electronic Account secure, use it secretly and change it periodically, and notify PokerStars without undue delay as soon as you notice any loss or misuse.
cc. You are obliged to modify the login details of your Electronic Account whenever this is required by PokerStars, based on the Personal Data Protection Policy or/and other policies of PokerStars.
dd. The process of verifying your identity is repeated by PokerStars, whenever there are doubts about the validity, accuracy and/or completeness of the information provided.
ee. PokerStars, in a consistent and systematic manner, implements due diligence measures in accordance with the provisions of l. 4557/2018 (as applicable), the Anti-Money Laundering Regulation and its corporate policy, and may take any appropriate action, including blocking your Electronic Account or refusing to provide services or payments or issue a certificate of winnings, if the terms of certification and verification of your identity are not satisfied, or if based on the data, risk analysis, policy and tools applied, PokerStars ascertains or has serious indications or suspicions that you have carried out or are carrying out or have attempted to carry out Suspicious or Unusual transactions.
ff. PokerStars may refuse the provision of services or payments or the issuance of a certificate of winnings, if: it is established that you are a national of a country designated by the European Commission as high risk for money laundering and terrorist financing or which belongs to Non-Cooperative States or which is subject to any sanctions; you are included in any lists held by the Authority or any other competent police, administrative and/or judicial authorities, where these lists exist and are accessible by the Liable Entities, or in the respective registries for restrictive measures made by the HGC or following a prosecutorial order or order of the Authority.
gg. PokerStars uses special systems and tools to verify the details of the Players, which include the identification of the technical means and devices used for the Participation, as well as any other appropriate means, including the composition and evaluation of the patterns of the Gaming Activity.
hh. PokerStars may apply systems and procedures of "strong Player identification" (Two factor Authentication, Strong Customer Authentication- 2FA, SCA), with equivalent power and efficiency to the relevant provisions of Directive (EU) 2015/2366 and using two or more elements about knowledge (an element that only the user knows) and possession (an element that only the user possesses) as well as some unique physical characteristic (an element that the user is), all of which are independent in that the breach of one does not jeopardize the credibility of the others.
ii. PokerStars provides to You, through your Electronic Account, full access to information about the Account balance, the history of the Gaming Activity, including the Participations, winnings and losses, the deposits and withdrawals, as well as the other transactions that have taken place during your Participation that have taken place. Full account history may be obtained by contacting support.
jj. The records and data concerning your details, Gaming Activity and the transactions carried out through your Account, are kept by PokerStars for ten (10) years, and are at the disposal of the HGC, as well as any other competent authority, in compliance with the provisions on Personal Data Protection and based on the relevant terms of the Contract and the Personal Data Protection Policy of PokerStars.
kk. Transactions that exceed the respective monetary limits set by the Anti-Money Laundering Regulation, are carried out only if it is confirmed, before the transaction, that the payment account you declare really belongs to You.
ll. PokerStars shall take appropriate measures to manage and reduce operational and safety risks associated with the services it provides and, in this context, implement effective incident management procedures, including the identification and classification of major incidents related to its operation and safety.
mm. PokerStars is not responsible for any damage that may be caused due to an act or omission on your part leading to improper or incorrect use of your Electronic Account.
nn. The data and information provided to the Players through the Player's Electronic Account and the Website, for example in relation to Participations, sporting events, match schedules, odds, results, account balance, game behavior information, etc., are provided only for the personal use of the Players and the distribution or commercial exploitation of such information is strictly prohibited.
oo. The information and data provided by PokerStars do not constitute advice or recommendations to encourage or motivate any person to Participate in the Games conducted.
pp. You are prohibited from using the services for any purpose other than the Participation.
qq. In order to make your visit to the Website user friendly, PokerStars monitors the traffic with cookies received through your browser or PokerStars' Software. In any case, you may refuse the placement and/or the continuous transmission of information contained in cookies, except those that at the reasonable discretion of PokerStars are required for the legal, correct and easy provision and use of its services.
5.2 Status of Electronic Player Account
This section of the Contract includes the terms of the Contract that describe the status in which the Electronic Player Account may be, the reasons why the Electronic Account may be placed in this status, and the effects that the situation has on the operation of the Account. The Electronic Player Account may have the following statuses:
5.2.1 Temporary Electronic Account
You understand the following:
- Upon its creation, your Electronic Account is put in a "Temporary" status, until the required data are submitted and verified, in accordance with the provisions of the Anti-Money Laundering Regulation, and through which it must be verified that:
aa. The details of the person for whom the Electronic Account was created correspond to a real person.
bb. The person for whom the Electronic Account was created is the same as the one who requested its registration.
cc. The person for whom the Electronic Account was created is actually the person whose details have been submitted, according to requirement aa.
- For as long as the Electronic Account is Temporary, You:
aa. Cannot deposit amounts that exceed, cumulatively, the applicable limit as provided for in the Anti-Money Laundering Regulation.
bb. Cannot withdraw funds, in accordance with the provisions of the Anti-Money Laundering Regulation.
- If your Electronic Account is not finalized within the deadline stipulated in the Anti-Money Laundering Regulation, PokerStars will Block it, stop accepting transactions with you, and set a deadline of thirty (30) days from the Block, in order for you to take the necessary steps and provide the necessary information for the certification and verification of your identity. Once you provide the requested information, PokerStars will activate your Electronic Account. If the above deadline elapses without action or if the information provided by you is still insufficient, PokerStars will close your Electronic Account by settling its transactions with you in accordance with the Anti-Money Laundering Regulation.
5.2.2 Inactive Electronic Account
You understand that according to decision 79835 EX 2020/24.7.2020 of the Minister of Finance (B' 3265), in case of permanent absence of Your Participation for a period of twelve (12) months, your Electronic Account will be placed in a state of "Inactive". At least thirty (30) days before the Account becomes Inactive, you shall be informed that your Account will be entered in this status, as well as for the following:
- For as long as the Account is set to "Inactive":
aa. You will not be allowed to Participate in the Games.
bb. PokerStars may impose maintenance fees on the Account, which will amount to five (5) Euros per month.
cc. You will continue to be able to manage your account and all the data and information contained in it relating to you, as well as to access the services provided by PokerStars excluding Participations.
- If a period of twelve (12) months has elapsed from the moment your Account became "Inactive", during which the Account was not activated or, although activated, there were no Participations, PokerStars will close the Account and terminate the contractual relationship with You.
- If you make at least one Participation during the "Inactive" period of twelve (12) months, the status of Your Account will be removed from the "Inactive" status.
- After your Account becomes "Inactive", you have the following options:
aa. Request the closure of the Account and the termination of the contractual relationship by withdrawing any credit balance of your Account that may remain after the withholding of any retention fees imposed by PokerStars.
bb. Request the activation of your Account and the restoration of the possibility to conduct Participations. You understand that in this case, PokerStars is obliged, based on the data it has kept, the risk analysis, the policies it applies and the tools it has, to make an assessment of whether the restoration of your Account to the previous condition requires the repetition of the process of verifying your identity in accordance with the provisions of the Anti-Money Laundering Regulation.
5.2.3 Blocked Electronic Account
You understand that PokerStars Blocks your Electronic Account:
- In the event of your temporary abstention or temporary exclusion from the Games.
- Following a prosecutor's order.
- At the discretion of the HGC, if, from the data available to the Authority, there is a need to Block your Account to ensure the integrity of the Games and the observance of public order.
- In PokerStars' reasoned judgment, if, on the basis of the evidence, risk analysis, corporate policy and tools it implements, it identifies or has serious indications or suspicions that suspicious or unusual activities violate the integrity of the Games. In this case, PokerStars must take the necessary actions in accordance with L. 4557/2018 (A' 139) and Anti-Money Laundering Regulation.
- If, according to PokerStars reasoned judgment, you exploit a fault, loophole, incompleteness or error in the Websites, the PokerStars Software, or any of the Games, which is not due to PokerStars' intent or gross negligence.
- If PokerStars (on the basis of objective and valid data) discovers or has reason to believe or suspect you are involved in any cheating, collusion, team play, game manipulation, or unethical play of any kind (together "Unethical Play"). Taking part or attempting to take part in Unethical Play, whether by yourself and/or between you and any other player (such as by sharing poker hole cards, playing less aggressively against a partner (known as "soft playing") or by any other method), is strictly forbidden. In addition to blocking your account, if PokerStars suspects Unethical Play it may restrict seating and/or prohibit players from playing at a particular poker table or in a particular tournament, including restricting two or more players from playing together at the same table or in the same poker tournament.
- If PokerStars (on the basis of objective and valid data) discovers or has reason to believe or suspect that you have not played out any Game in a normal way, for example if PokerStars discovers or has reason to believe or suspect that you have intentionally lost a poker hand in order to deliberately transfer chips to another player (so-called "chip-dumping") or if PokerStars discovers or has reason to believe you and other players are intentionally avoiding normal game play by putting all your chips in play (so-called "going all-in") or manipulating the play by any other method, in an attempt to end play quickly or prematurely (so-called "flipping").
- If PokerStars (on the basis of objective and valid data) discovers of has reason to believe or suspects that you are using or have used any external player assistance tools ("EPA Tools") that are designed to provide an "unfair advantage" to players. In this regard PokerStars: (i) defines "EPA Tools" as computer software (other than the PokerStars Software) and non-software-based systems (e.g. websites, subscription services and physical materials); and (ii reserves the right to take a broad view on what constitutes an "EPA tool" (specific guidance can be found in our Third Party Tools and Services Policy but for the avoidance of doubt, what is prohibited encompasses but is not limited to accessing or compiling information on other players beyond that which you have personally observed through your own game play, or receiving advice, direction or assistance on how to play, in real time, that goes beyond a basic level). You agree that in addition to PokerStars' other rights in relation to Prohibited Practices PokerStars may take steps to detect and prevent the use of EPA Tools, including by the examination of software programs running concurrently with PokerStars Software on your end-user device, and you agree that you will not attempt to bypass, interfere with, or block such steps, including by the use of third party software that bypasses, interferes with, or blocks such steps.
- If PokerStars (on the basis of objective and valid data) discovers or has reason to believe or suspect that you are using or have used any artificial intelligence including "robots" in connection with the Games, Websites, or PokerStars Software, and in this regard you acknowledge and agree that all actions taken in relation to the same must be executed personally by you through the user interface accessible by use of PokerStars Software, and without the assistance of any form of artificial intelligence.
- If you provide incorrect or misleading registration details.
- If it is found that your Electronic Player Account is used by a third person or that you are using a third person's Electronic Player Account.
- If PokerStars has objective and valid data that your Electronic Player Account is being used in a manner which is fraudulent, dishonest, or criminal.
- If PokerStars has received a fraudulent "charge back" and/or "return" notification via a deposit mechanism used on your Electronic Player Account.
- If you use a stolen, counterfeited or otherwise unauthorized payment method in connection with your Electronic Player Account.
- If you use stolen monies to fund your Electronic Player Account.
- If you violate any provision of Section 5.1 c or d above.
- If you have allowed or permitted (whether intentionally or unintentionally) someone else to use your Electronic Account or where PokerStars otherwise (on the basis of objective and valid data) has reason to believe that the security of your Electronic Player Account has been breached.
- If you use someone else's Electronic Player Account or where PokerStars otherwise has reason to believe that you have breached the security of someone else's Electronic Player Account.
- If you use more than one Electronic Player Accounts (yours or/and third parties ones)or prize pool at the same time (e.g. you are playing on or have more than one account open at the same poker table or in the same poker tournament, or you attempt to buy-in to any Game, using more than one account, yours or /and third parties ones), whether any play activity actually occurs on any such account or not.
- If, after elimination from any tournament or prize pool, you re-join the tournament or prize pool using a different Electronic Player Account.
- If you modify, decompile, reverse-engineer or disassemble the PokerStars Software in any way, or attempt to do any of these things.
- If you post any unlawful, indecent, racist, obscene, offensive, threatening, defamatory or otherwise illegal material via the Websites (including content expressing bigotry or hatred), including when using the chat function and/or the player images option, and/or you engage in any kind of offensive, threatening or unlawful behaviour in your interactions with PokerStars' staff and/or other players.
- If you breach any Manufacturer terms and conditions (as they may be mentioned in the Games Guide) or these Terms in any material way.
In any case, Blocking an Account is an extremely restrictive measure and should be imposed by PokerStars sparingly and for reasons that adequately justify the need to resort to this measure and not in a sham or abusive manner.
Moreover, PokerStars would like to inform you that:
- Your Participation in the Games via and the deposit of amounts (deposit) in a Blocked Electronic Account is not allowed.
- There are no fees on Blocked Electronic Accounts.
- The Block is lifted if and when the reasons for its imposition cease to exist.
- If the "Block" has not been lifted within twenty-four (24) months from the date it was applied, PokerStars will close the Electronic Account and terminate the contractual relationship with You.
- In the event that during the imposition of a "Block" to an Electronic Account that is not temporary, there are any unsettled Participations, then their settlement will take place as follows: PokerStars will only pay back any remaining balance from your deposits. All participations that have not been settled at the time of the Blocking will be cancelled, unless:
- especially for peer to peer games, you have engaged in illegal activity, in which case PokerStars is under no obligation to permit you to withdraw or return to you any money that may be in your Electronic Player Account, so that PokerStars, by withholding this money, shall distribute them to players that have suffered damages from such illegal action;
- if PokerStars (on the basis of objective and valid data) discovers or determines that you have engaged in any of the matters set out in Sections 5.2.3 b-w above ("Prohibited Practices"), PokerStars may void any transactions (including bets) or, specifically for peer to peer games, may withhold all or part of any balance of the Electronic Player Account used by you in order to distribute them to players that have suffered damages from a Prohibited Practice.
- Your funds cannot be accessed or withdrawn during periods of suspension, and any balance will remain in the Electronic Player Account. In the event that you submit a withdrawal request during the imposition of the "Block", then the request will be suspended while the matter is investigated and/or until all our checks are completed. If the investigation results in PokerStars' reasonable decision (on the basis of objective and valid data) that the issue has been resolved in a satisfactory way according to PokerStars, PokerStars may lift your Electronic Player Account block and your request will be accepted. However, if the investigation results in PokerStars' reasonable decision that you have engaged in any Prohibited Practice(s), PokerStars may restrict or permanently close your Electronic Account in which case your request will be dealt with as set out in Section 5.2.3 e above.
Decisions made by PokerStars to Block an Electronic Player Account are based on objective, valid data and methodology and with sufficient justification. In any case, PokerStars shall block an Electronic Player Account if it receives an order to freeze it or special instructions from the HGC and/or other legally competent bodies and authorities.
Particular attention shall be paid by PokerStars when Blocking your Electronic Player Account, to check to see if it is not being used by you, but by third parties (account takeover), based on device or IP address detection tools, definition tools, evaluation of patterns of the gaming activity, and the submission of questions to the Player for identification of personal use of his Electronic Account, etc. or a combination of the above.
Any Participations using different access devices from different IP addresses do not prove that the Account has been used by a third party, but are a clear indication of such use when it appears that different devices are used within the same or short period of time from different geographical areas. To this end, PokerStars can determine whether or not the Account is being used by you by applying additional player authentication methods (e.g. Two Factor Authentication, Strong Customer Authentication - 2FA, SCA, etc.). Moreover, PokerStars may ask you to declare the devices you are using for your Participation in the Games and inform you that it will not accept transactions through devices that have not been declared.
Similarly, the differentiation of the patterns of the Gaming Activity is not a sufficient proof or a sufficient indication that your Electronic Account is being used by a third party. PokerStars must evaluate the degree of differentiation of a pattern, in combination with the individual elements and the particularities of each case, so that it can validly claim that your Account is being used or has been used by a third party. For example, the mere fact that a Player has decided to significantly increase the amount of his Participation, without, however, this increase can be characterized as unusual in the common experience or to choose a different type of Bet (e.g. "accumulator bet" when they usually only bet on a single event or vice versa), or the type of sport and/or game, etc., would not sufficiently justify the imposition of a "Block" without PokerStars also being able to substantiate, with the required accuracy, adequacy, completeness and justification, its claim that your Account is being used or has been used by a third party.
5.2.4 Closed Electronic Account
PokerStars will close your Account and put it in a "Closed" state, according to the decision of the Minister of Finance number 79835 EX 2020/24.7.2020 (B' 3265) in the following cases:
- Immediately upon submitting your request to close your Account.
- Thirty (30) days after the expiration of the deadline for the completion of the certification and verification process of your identity, if the information provided by you has not been confirmed, in accordance with the provisions of the Anti-Money Laundering Regulation.
- Immediately upon submission of your request for an indefinite period of exclusion from the Games.
- Immediately if it has been found or if there are valid, reasoned and strong indications that part or all of the information provided by you for the creation of your Electronic Account is untrue or inaccurate.
- Immediately if it has been found or if there are valid, reasoned and strong indications that you have participated in any other Prohibited Practice.
- If twelve (12) months have passed since your Account was Inactive, as set out in Section 5.2.2 b above.
- If twenty-four (24) months have passed since the Account was "Blocked".
- At any time for specific, duly justified, and objectively established reasons, such as if PokerStars discovers you have participated in Prohibited Practices by giving you 7 days' written notice.
PokerStars shall not close your Account, citing vague or unclear reasons and makes the relevant decisions justified on the basis of data that objectively substantiates his decision to close your Account.
You understand that:
- It is not allowed to re-create your Electronic Account before twelve (12) months have elapsed from its closing and that from this prohibition the case 5.2.4 b above is excluded, provided that the above case 5.2.4 d does not occur.
- The closure of your Electronic Player Account terminates the contractual relationship between you and PokerStars and all the details of your transactions and Participations made using your Account, as well as any other item or data held by PokerStars on the occasion and in execution of obligations of the parties in the context of the contractual relationship, are observed by it in the form, manner and for the time provided in the decision number 79835 EX 2020/24.7.2020 of the Ministry of Finance (B' 3265) and the existing provisions.
- If there is a credit balance in your Electronic Account at the time of its closing according to the provisions of decision number 79835 EX 2020/24.7.2020 of the Minister of Finance (B' 3265), PokerStars shall (except as set out in Section 5.2.3 ee) pay this balance to the account that has been declared as soon as possible and in any case, within three (3) working days after the closure of the Electronic Account, in compliance with the provisions of the Anti-Money Laundering Regulation.
- In the event that at the closing of your Electronic Player Account your Account is "Temporary", no winnings are paid to you and PokerStars shall clear the credit balance of your Account, subject to the provisions of the Anti-Money Laundering Regulation.
- In the event that when closing your Electronic Player Account, PokerStars knows or has serious indications or suspicions that the money in the Account, regardless of amount, constitute or are related to products of criminal activities or linked to the financing of terrorism, it shall apply the relevant provisions of the provisions of L. 4557/2018 (A' 139) and Anti-Money Laundering Regulation.
5.3 Limits and restrictions of Gaming Behavior
This section of this Contract describes the limits set in the Gaming Activity. The limits are set either in the context of the compliance with the provisions of the decision of the Minister of Finance with number 79835 EX 2020/24.7.2020 (B' 3265) and the Directives of the HGC or due to a special provision set out in more specific Terms of this Contract. Below are the following types of limits:
5.3.1 Limits set by the Player (You)
The limits set by You, in accordance with the provisions of the decision of the Minister of Finance with number 79835 EX 2020/24.7.2020 (B' 3265) and this Contract, are the following:
- monetary limit, in terms of the maximum deposit amount (deposit limit);
- monetary limit, in terms of the maximum amount of loss (loss limit); and
- time limit, in terms of the maximum participation time (time limit) in Other Online Games and in virtual events Betting, the result of which is extracted by the use of a random number generator.
You understand and agree the following regarding the functionality and expediency of setting the above limits:
- That you are obliged to set the above limits, according to the number 79835 EX 2020/24.7.2020 decision of the Minister of Finance (B' 3265) and the Principles of Responsible Gaming.
- That you must set the limits guided by a prudent playing behavior commensurate with your abilities and being aware of the dangers that your involvement with the Games entails.
- That you can modify the above limits, after the period for which they were set has ended, except where the modification sets stricter limits to the existing limits, in which case they will be applied immediately.
- That you will be notified with an information message from PokerStars as soon as you exceed 80% of the case limit, according to the provisions of the decision of the Minister of Finance number 79835 EX 2020/24.7.2020 (B' 3265).
- That if your Participation is terminated due to the completion of the maximum time limit, you will not be allowed to Participate in the Games for the time remaining until the expiration of the limit.
- That in the event that with your forthcoming Participation, you will exceed the limit of the maximum amount of loss (loss limit), then you will be allowed to continue your Participation provided that you will not be allowed to place bets that would result in you exceeding the maximum loss limit set.
- That the above time limit of your maximum participation time is set at a day level from 00:00:00 to 23:59:59 of the same calendar day, or week, from Sunday to Saturday, or month, from the first to the last day of the month.
- That your Participation time includes active Participation in Other Online Games, including the virtual events, the result of which is extracted by using a random number generator. The time spent on the Website and/or connection to the PokerStars Software without active participation in the Games (e.g. placing bets, "betting", etc.) is not counted towards the maximum participation time limit.
You, already with your registration and acceptance of this Contract, are obliged, before you even Participate in the Games, to set in each limit a specific price of your choice. The "no limit" preference is not allowed to be an option. PokerStars ensures that you can enter the desired value for each limit. In the event that default values are used, the scale of these values is structured in a way that enables you to have as many options as possible and to make sure that the Limit setting system is useful and functional. In the event that you wish to set a price not included in the options, PokerStars shall inform You of a price that is available and as close as possible to the one you want. If a rounding of values is required, it is performed to the nearest integer, according to the condition i≤0.4, i≥0.5, where (i) the digits of the units, tens, hundreds or thousands for which rounding is required.
With regard to the modification of a limit, it takes place after the period for which the specific limit has been set, unless the modification sets stricter limits, in which case they will apply immediately. Thus, you understand, for example, that if you set a limit on a monthly basis and then modify it, the modification will take effect on the 1st day of the month following the month in which you modified that limit, unless it is a modification to the strictest, whereupon it applies immediately. Similarly, if you set a limit on a daily or weekly basis and then modify it, the modification will apply, respectively, from the next day on which you have modified that limit or from the 1st day of the week following that which you have modified it, unless it is a modification to the strictest, in which case it applies immediately.
5.3.2 Limits defined by the decision of the Minister of Finance number 79835 EX 2020/24.7.2020 (B' 3265)
The limits set by the decision of the Minister of Finance number 79835 EX 2020/24.7.2020 (B' 3265) are the following:
- The limit of twenty-four (24) hours of the maximum duration of the Gaming Session.
You understand that this specific time limit operates, is calculated and applied independently of the time limit of the maximum participation time limit and that these two limits should not be confused with each other. For the calculation of the limit of twenty-four (24) hours maximum duration of the Gaming Session, the time is counted from the moment you enter the Website or PokerStars' Software using the registration data (log in) and the time is calculated regardless of whether you Participate in the Games or simply browse the Website or remain connected to PokerStars' Software.
- The limit of twenty (20) Euros of the maximum amount of Participation in Other Online Games where the result of which is extracted with a random number generator (RNG).
You understand that this limit is applied per Game Cycle and its calculation is based on the minimum unit of participation ("bet", "denomination").
- The limit of one hundred forty thousand (140,000) Euro, as the maximum amount of Participation in the Other Online Games, the result of which is extracted with a random number generator.
You understand that this limit applies per Game Cycle and includes all the additional Game Rewards that may be provided which are collected (e.g. Bonus rounds), excluding any Jackpot award.
- The limit of five hundred thousand (500,000) Euros as the maximum amount of reward that can be awarded by a Jackpot.
You understand that this limit does not apply to prizes in Poker Games and/or variations of those held in the form of poker tournaments.
- The limit of the maximum amount of profit per Bet, which may not exceed five hundred thousand (500,000) Euro.
5.3.3 Limits and restrictions set by PokerStars
PokerStars may set individual limits for the amount of Participation and the maximum amount of profit per Bet or other Game up to the amount provided each time in the decision number 79835 EX 2020/24.7.2020 of the Minister of Finance (B' 3265). The types or categories of these limits (where applicable) are specified in the Game Guide (which you may find here: How to Play - Poker, Tournaments - Poker, How to Play – Casino, Help – Casino, How to Guide – Sports Betting, Sports Rules, Sports Betting FAQ, and within the relevant Games themselves), and may relate to one or more of the following:
- Participation amount limit.
Sports Betting. PokerStars may set limits on a Player's Participation in sports betting. If it does, the type and amount of the limits will be set out in the Sports Betting FAQ and/or other parts of the Game Guide. For example, the maximum bet a Player may place before a bet is referred to a trader will be displayed on the bet slip once the Player is logged in and has selected a bet. If a Player wants to bet a higher amount than the default limits, they will need to contact PokerStars' trading floor via PokerStars' support team and then PokerStars traders may or may not decide to accept the additional amount.
Poker. PokerStars does not generally set limits on a Player's Participation in peer to peer (non RNG) poker games.
Other Games. PokerStars may set limits on Player Participation amounts in other Games, such as betting on non-sporting events and fantasy games. Where PokerStars sets such limits, the type and amount will be specified in the Game Guide.
- Maximum profit limit per Bet.
We hereby declare that the Game Guide sets the individual limits of the maximum amount of profit per Betting event, sport and/or event up to five hundred thousand (500,000) Euro, which is the maximum limit set by decision 79835 EX 2020/24.7.2020 of the Minister of Finance (B' 3265). The maximum winning amount per Bet applies to all Players. You understand that in the case of Participation in multiple choice Betting events for which there are different individual limits, at sport and/or organization level, the above limit is equal to the sum of the maximum individual limits set by the License Holder at sport and/or event level.
- You understand that PokerStars has the right to unilaterally restrict your Gaming Activity (Participations, return of winnings) and/or the transactions (withdrawals), if it is deemed that there is a risk of illegal acts, based on factors, such as the amount of financial risk, the type of game, the frequency of Participations, the frequency and amounts of withdrawals from your Account, the amount of the expected return, the characteristics and qualities of you as a person (such as profession, financial status, gaming behavior, reputation, past, facts and information on the basis of which your influence or that of your relatives or persons closely related to you can affect the outcome of already offered purchases, your relationship with other License Holders), the strong possibility of creating an unfair partnership between Players, and/or information and data for the valid doubting on the immutability of an offered market or suggests unscrupulous practices such as match fixing.
- You understand that PokerStars has the right to limit the Gaming Activity (Participations, return of profits) and/or the transactions (deposits/withdrawals) during the implementation of the reward/loyalty programs that he applies, according to the rules of these programs and provided that the Player participating in these programs has full knowledge of the rules and has consented in advance to their implementation.
- You understand that PokerStars has the right (but also the obligation) to limit your Gaming Activity (Participations, returns of profits) and/or the transactions (deposits/withdrawals), in the context of application of the Principles of the Responsible Gaming, if the information available shows you display a problematic playing behavior.
5.4 Rewards - Loyalty Programs
You understand that:
- PokerStars may reward Players by implementing reward/loyalty programs, the terms and conditions of which are formulated and promoted, in compliance with the provisions of decision number 79835 EX 2020/24.7.2020 of the Minister of Finance (B' 3265).
- The terms and conditions of each program are applied in the same way to all Players who meet the conditions provided on a case-by-case basis for joining the program or any of its individual parts.
- PokerStars may at any time, at its sole discretion, remove or modify any program for any reason. Subject to the provisions of par. d' below, PokerStars shall not change or revoke with subsequent provisions, a reward that has already been granted.
- PokerStars may modify or revoke the reward already awarded if it is proven that you received this reward inadvertently or fraudulently knowing that you do not qualify or that the reward is likely to have been awarded on a transaction basis and/or practices carried out in violation of the law, users and transactional ethics, the decision 79835 EX 2020/24.7.2020 of the Minister of Finance (B' 3265) and the Regulation on Anti-Money Laundering.
You understand that:
- Jackpot is any fixed or progressively increasing value or combination thereof awarded to Players, which is regulated by the Game Developer or PokerStars, at Game level or Game interface level or system level or any combination of the above.
- It is not allowed for two or more License Holders to have a joint Jackpot.
- The maximum reward limit that can be given by a Jackpot may not exceed the amount of five hundred thousand (500,000) Euro and any excess of the above amount, which has been collected based on the Participation of the Players, must be transferred to another Jackpot.
- In any case of reduction of the amount accumulated based on the Participation of the Players or the repeal of the Jackpot, the amount of the impairment or the amount accumulated based on the Participation of the Players at the time of the repeal, must be transferred to another Jackpot within three (3) months from the date of the impairment or repeal.
- A winning Player shall be informed of the odds of a Progressive Jackpot being awarded continuously until the end of the ongoing Game.
- Information on the award of a Progressive Jackpot shall be provided to all Players participating in it at the time of the win in a manner comprehensible to you and regardless of the means you are using to access your Electronic Account.
- Information on the amount of the Progressive Jackpot, as formulated after the prize is awarded, shall be provided to all Players participating in the Jackpot at that time, regardless of the medium used by each Player to access their Electronic Account.
- In cases where a Progressive Jackpot is to be terminated (e.g. malfunction, loss of connectivity, unexpected termination), Players shall be given a clear indication that it is not working due to an imminent termination and cannot be won.
- Reactivating a Progressive Jackpot from interruption shall be performed with exactly the same parameters as it was before it.
- If the Progressive Jackpot works in conjunction with another Game (e.g. base game) and the Return to Player requirement is met only when Progressive Jackpot contributions are included, the other Game is only available when the Progressive Jackpot is available.
- With the Game Guide, which you can see here: How to Play - Poker, Tournaments - Poker, How to Play – Casino, Help – Casino, How to Guide – Sports Betting, Sports Rules, Sports Betting FAQ, and within the relevant Games themselves, you may be informed regarding the Jackpot features and the Progressive Jackpot, at least with regards to:
aa. The maximum prizes and/or time limits that may exist for Progressive Jackpot Features.
bb. The way in which the Progressive Jackpot is financed and determined.
cc. Whether there is a minimum entry fee for a Player to win a Progressive Jackpot.
dd. The rules that apply to simultaneous wins and payouts, in the event that multiple wins of a Progressive Jackpot occur at about the same time and there is no way to know which Jackpot happened first.
5.6 Responsible Gambling
You understand that PokerStars applies the Principles of Responsible Gaming, based on a consistent and coherent strategy that has been developed to minimize the negative effects on Players from their Participation in the Games. In this context, you understand that PokerStars:
- Ensures that the organization and conduct of the Games is reliable and safe, in accordance with the rules of public order, public interest and the applicable regulatory framework, as well as that, when conducting the Games, persons under the age of 21 are excluded, vulnerable social groups are protected, and the public health, safety, legality and transparency of transactions are not endangered.
- Monitors and is constantly informed about the developments regarding the Principles of Responsible Gaming and the problematic game and utilizes the findings of modern research in this field.
- Includes on the Websites a special section with information about Responsible Gaming (which you may find here), where you can find, among others, information about the age at which someone is allowed to Participate in Gaming, how the Participation decisions should be made, what are the Principles of Responsible Gaming, what constitutes problem gambling behavior, what are the harmful consequences and risks of overexposure to Gambling, what is the no charge telephone number for the provision of support consulting services, etc.
- Develops a special methodology and tools for the evaluation of the Gaming Activity for each Player who Participates in the Games he conducts, in order to identify and classify the risk of the development of the normal Gaming Activity of a Player in problem gaming behavior.
- Urges with discretion and confidentiality the Players to Participate in the Games according to their financial possibilities.
- Discreetly and confidentially urges Players who show signs of problem gaming behavior to take regular cooling-offs or to temporarily abstain from Playing for twenty-four (24) hours, as provided in the decision 79835 EX 2020/24.7.2020 of the Minister of Finance (B' 3265).
- Urges with discretion and confidentiality the Players who show problem gaming behavior to proceed with their temporary or indefinite exclusion, in accordance with the provisions of decision 79835 EX 2020/24.7.2020 of the Minister of Finance (B' 3265).
- Makes available to Players and any interested party tools (tests) of self-assessment, regarding their attitude towards Gaming (which you may find here: www.pokerstars.gr/about/responsible-gaming/, www.pokerstarscasino.gr/about/responsible-gaming/
and www.pokerstarssports.gr/about/responsible-gaming/) and urges them to evaluate this attitude, at the same time informing that:
aa. The test is anonymous and accessible to everyone and can be done by anyone without the need to register (sign up) or log in to the Website.
bb. Anyone interested can take the test at any time and as many times as they wish.
cc. The test is performed in a fully automated manner and the processing of the answers given to the interested party is absolutely necessary for the production of the results, which are available exclusively to the person conducting the self-assessment and are not collected, stored, disposed of or otherwise processed in the Holder's IT systems.
dd. Allows the interested party to store the test results locally on their device, indicating the date and time it was generated.
ee. If, for any reason, the test is not completed, the interested party should repeat the process from the start.
- Advises with discretion and confidentiality the players who have problem gambling behavior, to seek help by contacting special structures and counseling centers and/or rehabilitation.
- Blocks a Player and closes their Electronic Account, based on a court decision or request of his legal guardian.
- Has the right, in its reasoned judgment, to temporarily or indefinitely exclude any Player, if from the data of the Gaming Activity, the information it has and the relevant policy implemented, it becomes evident that the Player has problematic gaming behavior and, despite its repeated urgings, the Player has not been disqualified.
Under the terms of this Contract, you consent to the evaluation of your Playing Activity in order to apply the Principles of Responsible Gaming, and you are informed and understand that the relevant obligations of PokerStars are imposed by the provisions in force and aim to protect both you and of society at large.
5.7 Exclusion of Players
You may ask us to temporarily withdraw or temporarily or indefinitely exclude you from your Participation in the Games. In this regard:
- The application must be submitted through your Electronic Player Account.
- If you submit a request for temporary abstention, PokerStars blocks your Electronic Player Account and keeps it like that for twenty-four (24) hours.
- If you submit a request for temporary exclusion, PokerStars will Block the Account for at least a month.
- If you submit a request for exclusion of indefinite duration, PokerStars blocks your Electronic Player Account, terminates the contractual relationship, and the settlement will be carried out in accordance with the provisions of paragraph 5.2.4. The re-creation of an Electronic Player Account can be carried out at your request and in accordance with the provisions of decision 79835 EX 2020/24.7.2020 of the Ministry of Finance (B' 3265) and the Anti-Money Laundering Regulation, provided that at least one (1) year has elapsed from the start of the Block. In such case a new Contract will be concluded.
- In the case of temporary or permanent exclusion, you, by accepting the terms of the Contract, provide your explicit consent for your registration to be included in the register of excluded persons kept by PokerStars, as well as in the register of excluded persons kept by the HGC.
- Your registration in the registry of excluded players kept by the HGC entails your exclusion from the Participation in the Games of all License Holders.
- Deposits in your Electronic Player Account are not allowed before PokerStars has cross-examined the details of the person to whom the Account corresponds, with the details kept in the Excluded Persons Registry kept by the HGC.
- PokerStars and its Affiliates do not send any commercial communication material to Players in a state of temporary abstention, temporary or indefinite exclusion.
- PokerStars has the right, in its reasoned judgment, to temporarily or indefinitely exclude you if, from the data of the Gaming Activity, the information it has and the relevant policies it applies, it becomes evident that you display problematic gaming behavior and, despite its repeated urgings, you are not excluding yourself.
- PokerStars urges and encourages you to seek help and support from a rehabilitation center operating in Greece.
5.8 Money transfer
You understand and accept that:
- Payments of Participation and profit redemption amounts arising from your Participation must be made to and from PokerStars, without the mediation of a third party, except for Payment Service Providers established and operating legally in Greece or in another Member State of the European Union or the European Economic Area.
- Deposits made in the Electronic Player Account are interest free.
- The transfer of funds between Electronic Accounts is prohibited.
- With the deposit of an amount by you in the Electronic Account, your full knowledge and explicit acceptance that this is done for the sole purpose of his Participation in the Games is presumed.
- PokerStars reserves the right to withhold funds from your Electronic Account corresponding to any charges and/or commissions, fees charged and general costs incurred, provided that these have been made known in advance to you and are not in contrast with the decision 79835 EX 2020/24.7.2020 of the Minister of Finance (B' 3265) and the existing provisions.
- PokerStars must, upon your request, send a report of the status of your Electronic Account to your registered email or postal address, within one (1) month and is obliged to include in this report all the Participations and financial transactions carried out during the reporting period, as well as sufficient information so that you can compare the requested data with the corresponding ones that you may keep.
- Electronic Accounts that are "Inactive" and still have a credit balance are protected by technical and organizational security measures from illegal access to them or the illegal withdrawal of funds.
- In the event that your Electronic Account incorrectly credits winnings that you are not entitled to, these amounts belong to PokerStars and are deducted from your Electronic Account, after correcting the incorrect credit and providing you with detailed information, without the need for your cooperation. In the event that the balance of your Electronic Account is not sufficient to deduct the amount of money that was incorrectly credited, you keep owing the difference to PokerStars and the latter has the right to withhold, without notifying you, any amount credited to your Electronic Account and up to the amount of the difference.
- You may request the withdrawal of any credit balance of your Account, provided that all the necessary information may be requested from PokerStars in order for the relevant procedures to be implemented in accordance with the provisions of the Anti-Money Laundering Regulation and the relevant provisions.
- PokerStars is responsible for ensuring the legality and validity of the transactions, to the extent that is appropriate, and for this purpose, it must take every possible measure based on common knowledge, experience and perception, technological and/or functional, organizational, operational for the control of both deposits and withdrawals, even after their completion.
- PokerStars has the right to refuse and cancel a transaction, even after its completion, if it becomes aware of any evidence that reasonably justifies the questioning of the transaction's legality and validity, regardless of whether such information has been collected by PokerStars or comes into its knowledge from a person with whom it legally cooperates for the organization and conduct of the Games or by another, legally competent body or authority.
- By accepting the Contract and the Personal Data Protection Policy, You expressly consent to the processing by PokerStars of data relating to your bank account number, in order to process the Financial Transactions between You and PokerStars, but also any verification of your identity, which you provide in the context of serving the purpose of the Contract.
- PokerStars sets the specific time equal to twenty-four (24) hours from the submission of the Player's withdrawal request, in which it undertakes to issue a relevant payment order, in compliance with the Anti-Money Laundering Regulation and the provisions in force.
- PokerStars has the right to provide you with the possibility of early redemption (cash out) of the Bet, in already made Betting purchases, defining, at its discretion, the value of the early redemption, which is offered to you each time.
- Early redemption (cash out) of a Betting purchase, takes place only if you accept the early redemption through your Electronic Account, this acceptance cannot be revoked and constitutes your complete and unconditional resignation from the initial return of the early redeemed the subsequent outcome of the Betting event.
- PokerStars informs the Player for the means of calculation of currency exchange as well for any exchange charges, if the Player participates in Other Online Games conducted peer to peer οr in other games and with a currency different than Euro. For example, if you want to enter a poker tournament that has buy-ins and a prize pool in USD and your Electronic Player Account is in EUR, then you can use the Currency Conversion Service to convert EUR to USD for this purpose. All currency exchange transactions on the Currency Conversion Service will take place at the current prevailing rate offered by PokerStars for the transaction type in question. The exchange rates will be updated on a regular basis, and different rates may be offered depending on the type of transaction and movement in currency value. You should ensure you are aware of fluctuations in the exchange rate and the impact this may have on your available funds before using the Currency Conversion Service. Please see our Real Money Transaction Processing and Currency Conversion Terms and Conditions. PokerStars will not be responsible for gains or losses incurred by you when you use the Currency Conversion Service. PokerStars may, at its discretion, revoke or withdraw support for any particular currency without notice. You are not allowed to use the Currency Conversion Service and/or your Electronic Player Account to engage in currency trading or speculation. To help maintain the integrity of the Currency Conversion Service, we have the right to:
- decline or reverse any currency conversion transactions made using the Currency Conversion Service;
- limit the number of currencies held in your Electronic Player Account and/or the amount of money that may be converted between currencies by you;
- require that funds held in your Electronic Player Account and converted via the Currency Conversion Service into a different currency be used for playing the relevant Games before being withdrawn, transferred or used for any other purpose.
- PokerStars informs you that, if it finds that you have attempted or are attempting to make transactions or have made transactions through payment accounts to which you are not a beneficiary, it will cancel the transactions, prohibit any transactions and Participations with the use of these accounts, the capital deposited shall be refunded to the beneficiary of the payment account, and no winnings will be paid.
5.9 Player winnings taxation
You understand that any profits arising from your participation in the Games are taxed, where appropriate, under the circumstances of Law 2961/2001 (A' 266) "Ratification of the Tax Code Provisions inheritance, gift, dowry and Parental Benefits Profit from gambling", as the case may be. You understand that PokerStars is obliged to withhold the tax corresponding to your profits and pay it to the Greek State.
5.10 Certification of profits
You understand and accept that:
- You have the right to receive, upon request, a certificate for the total winnings paid in the previous year of your request, under the conditions and procedure provided in the Anti-Money Laundering Regulation and PokerStars' corporate policies.
- The certificate is issued only if your complete details are certified and verified in accordance with the Anti-Money Laundering Regulation and the existing provisions.
- PokerStars has the right to refuse to issue a certification of winnings, in accordance with L. 4557/2018 (A' 139) and Anti-Money Laundering Regulation.
The above applies proportionally to the issuance of a certificate of winnings in the case of creating an Electronic Roaming Account in accordance with (and as defined in) the Anti-Money Laundering Regulation.
5.11 Cancellation of Events, Participations and transactions
You understand and agree that PokerStars has a policy for canceling Events and/or Participations and/or Transactions and, in this context, either as a precautionary or reactionary measure, PokerStars:
- Will examine and evaluate any element or information that comes to its knowledge which may affect the integrity of the organization and conduct of an event.
- Has the obligation to cancel the offer of events and/or to suspend the settlement of Participations and/or Transactions related to canceled offer:
aa. When it has sufficient evidence to challenge the inviolability of an offered market and/or when it has sufficient evidence that, on the occasion of the offer of that event, Suspicious or Unusual Transactions were carried out or are being attempted or are being attempted in accordance with the Anti-Money Laundering Regulation, the Regulatory Framework and/or when it has sufficient information for the creation of an unfair partnership between Players or there is sufficient evidence from which it appears that the integrity of the Games is at stake.
bb. When it has sufficient information that the organization and/or conduct of the offered events took place in violation of the existing provisions or the rules of conduct of the Game provided in the Game Guide.
cc. By order of legally competent authorities.
- May cancel the offer of events and/or suspend the settlement of Participations and Transactions related to a canceled offer, if it proves that a human or technical error has occurred in the offer of the event or in the acceptance of the Participations and related transactions (e.g. error of indication of the offered returns, error of time of acceptance of the Participation, error of debiting or credit of the Electronic Account, etc.).
- Implements the cancellation policy by treating same or similar cases by taking the same or equivalent measures, against all Players who appear to fall within the scope of this policy.
- Takes all necessary diligence and measures, so that the policy for cancelling the offer of purchases and/or suspension of the settlement of the Participations and Transactions related to the canceled offer, is implemented in time and in a reasonable time from the occurrence of the facts and the knowledge of the reasons the relevant decisions.
- Has the right to provide in the Game Guide special cases of cancellation of Participations due to violation of the rules of a Game or Group of Games, as well as to apply rules and procedures for redistribution of odds and winnings, when a canceled effect affects the odds of other Players who do not for the acts justifying the relevant decisions.
6. PERSONAL DATA PROTECTION
PokerStars' informs any interested party that the Personal Data Protection Policy is implemented in accordance with the General Regulation for the Protection of Personal Data (Regulation (EU) 2016/679) and L. 4624/2019 (A' 137), posted on the Website: www.pokerstars.gr/privacy/.
The processing of personal data is carried out in accordance with the Personal Data Protection Policy, which includes information about, but is not limited to, the purposes of the processing, the categories of data to be processed, the information that PokerStars is required to provide to the data subject, identity and the details of the controller or his representative, the time of data storage, the rights of the subjects, the technical and organizational security measures and any other necessary arrangements, information and procedure, which the interested party is required to know. The contact details of the data protection officer and the competent supervisor of personal data are posted on the Website: www.pokerstars.gr/privacy/.
We hereby inform you that:
- In the context of the organization and conduct of the Games, the legal basis for the processing of your personal data is the conclusion and execution of the Contract. Your data may be subject to automated processing, including profiling.
- By accepting the Personal Data Protection Policy, you are being informed and accept the processing of your personal data in accordance with its terms.
- PokerStars must comply with the General Regulation for the Protection of Personal Data (Regulation (EU) 2016/679) and L. 4624/2019 (A' 137), and take the appropriate preventive technical and organizational measures so that it is not possible to illegally process the data and identify the Players with technical or other means that can reasonably be used by third parties and to ensure that the company itself, any processors, as well as those who have a working, project or mandate relationship with it, do not disclose the identity of the persons they know to be participating in the Games or have made any profit or lost any amount of money from the Participation and do not disclose, for any reason, their personal data and information without the prior written consent of the data subject, unless such consent is not required when the data are made available under the obligations of PokerStars and those who maintain a working, project or order relationship with it, according to the provisions in force.
- When consent is required, you as the data subject have the right to revoke it at any time, however the revocation of the consent does not affect the legality of the processing based on the consent before its revocation.
- You, as the data subject, are informed of any modification or extension of the purposes of the processing and the categories of data to be processed in order to consent again, otherwise this Contract is automatically terminated.
- You, as the data subject, are obliged to immediately inform PokerStars, if the data registered during your registration on the Website have changed, either by updating the details of your Electronic Account, or by contacting PokerStars' support team, subject to the provisions of the Anti-Money Laundering Regulation.
- The HGC, as well as any other competent public body or authority, have access to and are allowed to process the data, when such processing is necessary for the performance of a task performed in the public interest or in the exercise of the public authority assigned to them.
- You hereby acknowledge and agree that you have been informed of PokerStars' Personal Data Protection Policy, otherwise this Contract may not be entered into.
7. LIMITATION OF LIABILITY
- PokerStars shall not be liable to you and / or third parties for problems, malfunctions, technical failures, failures of your equipment or software, interference or attempts to interfere with the network and its systems and components, which are not the result of gross negligence or fraud of PokerStars, other members of Flutter Group, their employees or agents. PokerStars, its employees and the other members of Flutter Group as well as their employees or agents, will not be liable for loss of income, profits or business caused by the interruption and / or cancellation of Events, for errors in data entry, storage and / or processing of registered data, or for incomplete or inaccurately transmitted or loss of information or data, unless they result from the gross negligence or deceit of PokerStars, the other members of Flutter Group, their employees or agents.
- Except under Section 7 e below, and save in respect of any winnings lawfully due to you, PokerStars' maximum liability to you under these Terms in relation to any one incident or series of related incidents is limited to: (a) where such liability relates to a specific stake, bet or wager, the value of such stake, bet or wager paid by you; (b) where such liability relates to the misapplication of funds in your Electronic Account, the amount that has been lost or misplaced; or (c) in any other case, EUR 2,000.
- Subject always to Section 7 e below, PokerStars will not be liable under these Terms for any loss that could not have been reasonably expected by you and PokerStars at the time you register or at the time of your Participation. PokerStars will also not be liable for any damage or loss suffered or incurred by you as a result of:
- use of the Websites or PokerStars Software in breach of these Terms;
- failures caused by the equipment you use to access the Websites, call centre or mobile and tablet applications or failures in any network (including failures by your internet service provider);
- any incomplete, lost or delayed transactions (including as a result of technical failure, unless these are due to PokerStars intent or gross negligence);
- damage to your equipment (e.g. desktop, laptop, mobile, smartphone, tablet, games console or other internet-enabled device) or for any loss or corruption of data that results from your use of our Websites or mobile and tablet applications (and PokerStars cannot and do not guarantee that any files that you download are free from viruses, contamination or destructive features), except that if any defective digital content that PokerStars has supplied to you damages a device or digital content belonging to you and this is caused by PokerStars' negligence, PokerStars will either repair the damage or pay you compensation;
- the accuracy, completeness or currency of any information services provided by PokerStars or third parties (including prices, runners, times, results, live scores or general statistics);
- any loss whatsoever arising from your misuse of your Electronic Account, PokerStars Software or the Websites;
- any event beyond PokerStars' control; or
- PokerStars' closure or blocking of your Electronic Account in accordance with these Terms.
- You agree to compensate PokerStars for any costs, charges or losses sustained or incurred by PokerStars (including any direct, indirect losses, any loss of profit and any loss of reputation) arising directly from any Prohibited Practice on your part.
- Nothing in these Terms is intended to exclude or limit PokerStars' liability for:
- PokerStars' fraud or fraudulent misrepresentation;
- any breach by PokerStars of your statutory rights;
- death or physical damage resulting from PokerStars', other members of Flutter Group as well as their employees or agents negligence; or
- any other liability which may not be excluded by applicable law.
8. CUSTOMER SERVICE
You understand that PokerStars has set up and operates a dedicated customer service unit, contactable via our support form, which operates on a 24/7 basis.
You can communicate with this service unit via our virtual assistant in the "Help" section of our Websites, or by contacting our support team.
In our "Help" section you can find a list of frequently asked questions-answers (FAQs), through which you can search for answers to frequently asked questions about the conditions of organization, conduct and Participation in the Games.
PokerStars has an obligation to serve you and respond to your requests, questions and queries, in a timely and valid manner. You will be explicitly informed by PokerStars if the telephone conversation with its customer service department is recorded, or if the communication will be followed by an evaluation of the service by You, in an automated or non-automated way.
For your communication with customer service, PokerStars does not charge and you are only charged for the charges of the telecommunications provider you use.
- PokerStars communicates with you and provides information to you through posts and messages in your Electronic Account, with notifications via the Websites, and/or via the e-mail address stated by you during the creation of your Account or the last email address provided by you if this has changed.
- The notification is considered to be received by you on the date of transmission.
- You are not allowed to use more than one e-mail address at a time, either for Participation purposes or for information/notification purposes.
- In order for PokerStars to legally send marketing communications material to you, you must have previously accepted electronically the possibility of sending such material by a procedure separate from that provided for the acceptance of the Contract.
- PokerStars allows you to stop receiving commercial communication material at any time by revoking your consent within your Electronic Player Account or at the following link. The relevant revocation of your consent will also be communicated by PokerStars to the Affiliates with whom it cooperates.
- For the purposes of this Contract, the above communication from PokerStars to you constitutes written communication.
- The legal and regulatory framework governing the conduct of Games is posted on the website of the HGC (see here: www.gamingcommission.gov.gr/index.php/nomiki-vivliothiki).
- You have the right to submit to PokerStars any complaints, grievances, disagreements, about issues or events related to PokerStars Games and/or related transactions and for this purpose, in the following link you may find a template, which you can fill in and submit to PokerStars support team. This form has been created by PokerStars specifically for this purpose, and shall be submitted by you to PokerStars no later than forty-eight (48) hours after the date of the event. The said complaint, grievance, disagreement, after its submission by your side, will be automatically forwarded by PokerStars in an automated way via email.
- The complaint must include the necessary identification and communication details and in particular:
aa. Full name and father's name
bb. Date of birth
cc. ID number or valid Passport number
dd. Full permanent address
ee. Address and desired method of sending a response
- and must be accompanied by a copy of the Identity Card or Passport or equivalent document proving your identity.
- The complaint must adequately describe the events, the time and the reasons invoked by you, and include any information that you have and may substantiate your allegations at your discretion.
- PokerStars will review the information contained in the complaint and in any case will inform you about what is included in the complaint within ten (10) days from its submission.
- If PokerStars' answer does not satisfy you, you may, within ten (10) days from the day following the notification of the answer, request the examination of the complaint by the HGC. The request for examination by the HGC is obligatorily notified by You to PokerStars, who forwards, without delay, the answer and the information related to the complaint to the HGC.
- PokerStars has the right not to respond to complaints that are repeated in an abusive manner.
- PokerStars is not required to disclose to you any data or information for which it is obliged to maintain confidentiality and/or privacy in accordance with the provisions in force.
11. INTELLECTUAL PROPERTY
- The terms "PokerStars", "PokerStars Casino", "PokerStars Sports" , "PokerStars School", "Team PokerStars", the star in spade logo, the domain names "pokerstars.gr", "pokerstarscasino.gr", "pokerstarssports.gr", and any other trade marks, service marks, signs, trade names and/or domain names used by the Flutter Group on the Websites and/or in connection with the PokerStars Software from time to time (the "Trade Marks") are the trade marks, service marks, signs, trade names and/or domain names of the Flutter Group and/or its licensors (including any Manufacturers), and these entities reserve all rights to such Trade Marks. All content on the Websites, including the Games, PokerStars Software, images, pictures, graphics, photographs, animations, videos, music, audio and text (the "Site Content") belongs to the Flutter Group and/or its licensors (including any Manufacturers) and is protected by copyright and/or other intellectual property or other rights. You do not acquire any intellectual property rights on it through the use of the Websites and the provision of the services offered through it.
- By accepting this Contract, you declare knowing that the Trade Marks and Site Content constitute the property of the Flutter Group or third parties from whom the Flutter Group has obtained a relevant license (including Manufacturers).
- No one may reproduce, convert, store, copy, republish, upload, post, transmit or distribute by any means or manner, or include in any website or application, public or private system or electronic retrieval service including text, graphics video, messages, code and/or software, the Trade Marks or Site Content without the prior express, written, consent of PokerStars.
- The commercial use or exploitation, reproduction, conversion, storage, copying, republishing, uploading, posting, transmission or distribution in any medium or any way, display and use on any other website or application, public or private system or service of electronic retrieval, including text, graphics, videos, messages, codes and/or software of the Trade Marks or Site Content are prohibited without the prior express and written consent of PokerStars.
- You promise that any names or images used by you in connection with the Websites (for example, your Username and avatar) will not infringe the intellectual property, privacy or other rights of any third party. In case of peer to peer and live casino games and activities related to these games, you grant us for the benefit of the Flutter Group a worldwide, irrevocable, transferable, royalty free, sublicensable license to use such names and images for any purpose connected with the Services, in accordance with the Personal Data Protection Policy.
12. DISPUTE RESOLUTION
- All disputes arising out of or in connection with the Contract are the sole jurisdiction of the courts of Athens.
- In the event of a dispute, disagreement or questioning arising out of or in connection with the Contract, PokerStars and You must make every effort to settle the dispute amicably, in accordance with the provisions in force, after first notifying HGC of the details and data relating to the dispute and announcing your intention for a friendly settlement.
- In the event of an amicable settlement of the dispute, the parties to this Contract, namely PokerStars and you, will contact one of the Alternative Dispute Resolution Bodies (ADRs) registered in the relevant Registry, maintained in accordance with its provisions under JMD number 70330our./2015 (B' 1421), as it applies each time, after informing HGC of the details and data relating to the dispute and disclosing our intention to settle.
- The HGC may prohibit the parties from settling the dispute amicably or addressing them to the Alternative Dispute Resolution Bodies (ADRs), if the evidence of the case shows that the outcome sought by settlement/resolution is contrary to or circumvents the existing provisions and conditions of the Contract.
- The settlement/resolution reached does not invalidate the right of the parties to appeal to the competent courts, for the protection of their rights, unless they have waived this right.
- The settlement reached between the parties does not invalidate the right of the HGC to carry out the inspections required by law and to impose the administrative sanctions provided for in the provisions in force.
13. EVIDENTIARY EFFECT
- The Contracting Parties agree and accept that orders, data and transactions transmitted electronically via the Internet are automatically recorded in a file and provide a place of complete proof as to the time of registration and their content. Also, that the storage of your Participation in the Central Information System of PokerStars constitutes a complete proof for all the data and information of the Gaming Activity.
- The data registered in the Central Information System of PokerStars, as well as the books and data, published and kept for accounting or supervisory purposes in printed or electronic form, including copies and excerpts thereof, have full probative value as to the records they contain.
- In case of an incorrect transfer order from or to your Electronic Account, you expressly waive the right to request the cancellation of the order and the legal deed drawn up accordingly.
You understand that it is expressly prohibited for you to assign or transfer any right and/or obligation arising from this Contract to any third party, natural or legal person.
15. DURATION - TERMINATION OF CONTRACT
- The Contract lasts for as long as PokerStars legally provides its services under the License and you make legal use of these services, in accordance with the terms of the Contract and the applicable provisions.
- This Contract may be terminated at any time without notice by the parties.
- Termination of this Contract takes place either by Your request to close your Electronic Account, a template of which is posted on the PokerStars Website here and which you can complete and submit electronically to the email address email@example.com, or the closing of your Electronic Account by PokerStars, in accordance with the terms of this Contract and the applicable provisions.
- The termination must be sent to the counterparty and entails, from the date of its notification, the termination of the Contract, the closure and settlement of your Electronic Account, in accordance with the law.
The following terms of this Contract shall remain in force even after termination or dissolution in any way: 5, 6, 7, 11, 12, 14.
16. OTHER TERMS
- The Τerms of this Contract, as well as the corporate policies and texts to which they refer, constitute the complete agreement of PokerStars with you on the matters governed by the Contract and these policies.
- For any matter not regulated by this Contract, valid are the provisions in force, which shall prevail over any term of this Contract in conflict with them.
- In the event that any Τerm of this Contract is declared invalid or null, the validity or power of the remaining Τerms will not be affected.
- PokerStars is entitled, following the relevant approval of the HGC, to adjust a term, which may be considered invalid or null, in order to eliminate the reason for invalidity or lapse, but to preserve, as far as possible, its content.
- This Contract is governed by Greek Law. Any dispute or tort that arises under the Contract or on its occasion, including any trial during enforcement or taking any precautionary measure, will be the exclusive jurisdiction of the Courts of Athens.