Member of the ICF (Investors Compensation Fund)
Note: The English version of this Agreement is the governing version and shall prevail whenever there is any discrepancy between the English version and the other versions.
Standard Promotional Terms & Conditions
1.2 In relation to some promotions, certain requirements or restrictions must be satisfied, in addition to the general eligibility criteria set out in these Standard Promotional Terms & Conditions, as a condition of being eligible to participate in a promotion. Any such additional restrictions or requirements will be contained or referenced in the applicable specific promotional terms.
1.3 You are urged to check these Standard Promotional Terms & Conditions and any applicable specific promotional terms before participating in any promotion.
1.5 If these Standard Promotional Terms & Conditions or any applicable specific promotional terms are translated into a language other than English, then the English version shall prevail where there is any inconsistency.
2. Promotions and Promotion Periods
2.1 We may, from time to time, run promotions and these may take any form (e.g. prize draws, competitions, contests) or a combination of any of these. Full details of a promotion will be set out in the communications we issue to tell you about each promotion (“Promotion Communication”) and/or on the individual webpage for the relevant promotion.
2.2 For the purposes of all promotions, the promoter is the entity you have contracted with under our general terms and conditions (Retail Client Agreement).
2.3 The period of time during which each promotion will run (“Promotion Period”) will be specified in the applicable specific promotional terms. Each promotion will automatically close at the end of the relevant Promotion Period, at which point no further participation in that promotion will be permitted. Where no Promotion Period is specified, the relevant promotion will end when it is discontinued on the website.
3. Promotion Communications
Unless otherwise indicated in the Promotion Communication, participation in each promotion is open to our potential or existing clients, but is limited to one per person. We reserve the right to restrict participation in certain promotions to clients or potential clients who fulfil specific selection criteria. Where a Promotion Communication permits multiple participants, we reserve the right, at our sole discretion, to limit the number of participants.
4. Eligibility to Participate in Promotions
4.1 To be eligible to participate in any promotion (a “Qualified Participant”), you must:
4.1.1 be eighteen (18) years of age or older (and at least the legal age in your jurisdiction);
4.1.2 be legally entitled to use our services;
4.1.3 if the promotion is specifically intended for participants who are residents of and/or located in a particular country as stated in the applicable specific promotional terms - be a resident of and/or located in that country;
4.1.4 have successfully completed registration on the website for the relevant service and opened a real account;
4.1.5 satisfy any other eligibility criteria set out in these Standard Promotional Terms & Conditions in respect of certain general categories of promotion and in the applicable specific promotional terms; and
4.1.6 not be an Unauthorised Person (as defined hereinafter).
4.2 The identity of each participant in a promotion will be determined from all or any combination of the following: name, address, email address, credit/charge/debit card number, IP address and other forms of identification which may be required. We reserve the right to request further information from you if you wish to participate in certain promotions.
4.3 To participate in a promotion, you should follow the instructions set out in the relevant Promotion Communication, on the individual webpage for that promotion and, where appropriate, the applicable specific promotional Terms.
5. Excluded and Disqualified Participants
5.1 Our officers, directors, employees, consultants or agents or any of our subsidiaries, parent or associated companies, or any of our or their respective suppliers or vendors (including advertising, printing and publicity agencies) or any officers, directors, employees, consultants or agents of any entity connected with any promotion, or relatives of any of the foregoing persons (collectively “Unauthorized Persons”).
5.2 If a non-Qualified Participant participates in any promotion, we reserve the right, without prejudice to any other rights under the Rules, to seek the return of any payment, award or other prize, including from that participant's account with us.
5.3 We reserve the right, at our sole discretion, to disqualify any participant who cheats or who tampers or attempts to tamper with the entry process for, or the operation of, any promotion, or whose conduct is in breach of the Rules, contrary to the spirit of the Rules or the intention of the relevant promotion, or might, in our reasonable opinion, bring us, any of our group companies or any of our or their respective brands into disrepute.
6.1 Qualified Participants who win a prize as the result of any promotion consisting of a competition, contest, league or tournament (each, respectively, a “Winner” and a “Prize”) must accept the relevant Prize as-is and there is no right to a cash alternative unless we, at our sole discretion, elect to offer such a cash alternative (which may be less than the full value of the Prize). We reserve the right, at any time, to substitute any Prize with one or more prizes (other than a cash alternative) of substantially equivalent value, including without limitation, if it is impractical or unduly costly to deliver a particular Prize to the Winner's geographical location.
6.2 Prizes will be drawn randomly and no bias will be shown in terms of gender, age, geographic location, or any other factor.
6.3 All Prizes will be drawn by the time or within the timeframe specified in the applicable specific promotional terms and, unless otherwise indicated, a cash Prize will be paid into the account of the Winner. Where we arrange for a non-cash Prize to be delivered to you, we reserve the right to require that a particular Prize is made available for collection only, including without limitation if such Prize is impractical or unduly costly to deliver. In the case of a non-cash Prize, we will make all reasonable attempts to contact the Winner using his/her account contact details, but if we have not been able to make contact with the Winner within fourteen (14) days of the Prize being won, we reserve the right to draw another Winner in place of the original Winner or to forfeit the Prize altogether without liability.
6.4 We reserve the right not to award a Prize or to seek the return of any Prize awarded in the event that the Winner is not entitled to receive such Prize in accordance with applicable law (and it is the Winner’s sole responsibility to ensure that he is entitled to receive any Prize), or if we have cause to disqualify the Winner in accordance with these Standard Terms & Conditions.
6.5 The Winner is solely responsible for the payment of any applicable tax in relation to the relevant Prize and for any costs associated with the Prize or its use, including without limitation the cost of complying with any requirements of applicable local law.
6.6 Where, in relation to any Prize, we make use of any third party name or trademark, these are proprietary to the relevant third party. No licence, affiliation, sponsorship or endorsement is claimed or should be inferred from the use of these names or trademarks or the use of any photograph of a Prize. Any photograph used to promote a Prize is for illustrative purposes only and the actual Prize may differ from the item shown in the photograph, including without limitation as to type, model, specification, colour, finish, packaging and other features.
6.7 The Winner is solely responsible for all use made of the Prize. Except as expressly provided in these Standard Promotional Terms & Conditions, no representations, warranties, conditions or other terms are made, given or accepted by us and no other terms shall apply, as between us and any person, in relation to any Prize, including without limitation any terms as to suitability, reliability, satisfactory quality or fitness for purpose, or any other implied terms, all of which we exclude to the maximum extent permitted by law.
6.8 The prize draw process is as follows: (i) each entry validly submitted by every Qualified Participant into a prize draw will be randomly sorted and allocated a random unique number; and (ii) a random number generator function shall be used to determine the winning unique number in question.
7. Intellectual Property
7.1 To the maximum extent permitted by law, by participating, you grant us exclusive permission to use your name, characters, photographs, videos, voices and likeness, details of the country and/or city where you live, any comments made by or attributed to you, including without limitation to incorporate any such information and any audio/visual recording or broadcast, all in connection with the promotion and for future promotions and marketing purposes, in any media, throughout the world, and you waive any claims to royalty, right or remuneration for such use.
7.2 With respect to any submission or entry you make in the course of participating in any promotion, you warrant that the relevant material will be all your own original work and will not infringe on the intellectual property rights or other rights of any person. You agree to assign all rights (including intellectual property rights) in such material (and if moral rights exist, agree to waive such rights) and agree to execute all documents and to do any other things reasonably necessary to assure our title to such material and to allow us fully to use and exploit such material.
8.1 Except for our liability for personal injury or death caused by our negligence or for fraudulent misrepresentation or any other liability that may not, by law, be limited or excluded, we accept, to the maximum extent permitted by law, no liability in relation to your participation (or inability to participate) in any promotion, including without limitation any use made by you of (or inability to use) any Prize.
8.2 If any promotion cannot be executed as planned, including due to any technical problems or other circumstances beyond our control, we shall incur no liability and no payment or prize of any kind will be awarded.
9. Alteration, Termination and Modification
9.1 We reserve the right to alter, discontinue, terminate or extend the period of any promotion or any aspect of the promotion (with respect to all or part of the participants), at any time, with or without notice, for any reason whatsoever, including without limitation if there has been any printing, production, distribution or other error in any Promotion Communication or on our website, or where there has been any error in the preparation for or conduct of any promotion affecting the result of the promotion or the number of participants or the value of claims.
9.2 The Rules may be modified by us at any time by posting the modified terms on the relevant pages of our website. We recommend you revisit these Standard Promotional Terms & Conditions regularly. By your continued participation in a promotion, you accept any such modified terms and conditions.
10.1 You may not assign or transfer any or all of your rights or obligations under the Rules. Without limiting the above, any entitlement to receive payment, award or any prize is non-transferable.
10.2 No third party shall have a right to enforce the Rules against us.
10.3 Failure by us to enforce a right under the Rules does not result in waiver of such right.
10.4 If any part of the Rules is found to be unenforceable as a matter of law, all other parts of the Rules shall be unaffected and shall remain in force.
10.5 Subject to the following provision, our determination and decision on all matters will be final and no correspondence will be entered into. Any dispute or situation not covered by the Rules will be resolved by our management in a manner it deems to be the reasonable and objective and, subject to the following provision, that decision shall be final and binding on all participants.
10.6 The laws of the Republic of Cyprus shall apply to the Rules and any dispute between you and us arising out of, or in connection with, the Rules or any promotion will only be under the exclusive jurisdiction of the courts of Cyprus.