Tournament rules

1. General

1.1.

CIRCUS NETHERLANDS or BETCA B.V. (hereinafter referred to as “the Company”), registered office: Ringbaan-West 242, Tilburg, registered at the Kamer van Koophandel [Dutch Chamber of Commerce], registration no.: 81770251, organizes competitions governed by these general competition rules (hereinafter referred to as “the Rules”).

The Rules apply to all competitions, raffles, and tournaments (hereinafter referred to as “Competitions”) organized by Circus Netherlands, irrespective of the medium used to offer the Competitions to the participants.

The special conditions for each Competition are laid down in separate rules and regulations attached to the offer to take part in the Competition. The special conditions supplement these general conditions. In the event of contradiction, the special conditions shall take precedence over the Rules.

1.2.

Participation in a Competition is deemed to constitute full acknowledgement and unreserved acceptance of the Rules. No objection or dispute will be accepted.

1.3.

The practical details of each Competition will be communicated by Circus Netherlands before the launch of the Competition is announced on the medium/media used to offer the Competition. These details will specify, in particular, the prize(s) that may be won, and the start and end dates and times of the Competition.

2. Participation details

2.1. Participation criteria

Unless stipulated otherwise in the special conditions for a Competition, in accordance with the regulations in force, participation in the Competition is always, in principle, completely free of charge and does not carry any obligation to purchase products or services from Circus Netherlands.

The Competitions are accessible to people aged 18 years or over at the time of the Competition, with full legal capacity, participating on their own behalf, and resident in the Netherlands or a country that allows gambling. Should a Competition involve gambling, the age of participation for each specific game shall be the minimum age stipulated under gambling legislation.

Furthermore, unless stipulated otherwise, participants must:

• be validly registered on the www.circus.nl website (hereinafter referred to as “the Website”), in accordance with the Website Terms and Conditions;
• therefore be the full owner of a Circus account, which must be authenticated and not subject to any restrictions or suspensions;

If a pseudonym is used during the Competition, the pseudonym must be the same as the username entered during registration on the Website (including upper- and lower-case letters, etc.).

Participants do not have to register on the Website or hold a Circus account for Competitions organized on the Company’s Facebook page, but must comply with the Facebook Code of Conduct, in addition to these Rules and the special conditions for the Competition.

Unless stated otherwise, each person may only participate once, and any multiple participation is strictly prohibited. Unless stipulated otherwise in the special conditions, a participant may only compete for one prize in all cases.

2.2. Exclusions

The following individuals are excluded from participation in Competitions: Circus Netherlands employees, agents, or subcontractors; people banned from gambling; minors; and anyone directly or indirectly involved in organizing or holding the Competition; and their spouses/partners, parents, or children.

The Company also reserves the right to exclude any participant from a Competition, at any time, without prior notice, or not to award the prize for the Competition:

• if the participant does not satisfy the conditions for participation described in the Rules or in the special conditions for the Competition;
• in the event of suspected illegal activities, fraud, deception, abuse, identity theft, creation of multiple accounts, multiple participation, or if the participant fails to provide information required for identification and authentication, or fails to provide any information that Circus Netherlands may require in order to award the prize to the participant or in order to allow the participant to benefit from the prize, or provides such information too late;
• if the participant has provided incomplete, illegible, or incorrect information.

Circus Netherlands reserves the right to take legal action against anyone guilty of any type of act that could be deemed to constitute falsification or fraud.

3. Prizes

3.1. Description and awarding of prizes

How the Competition will be held, a description of the prizes, and the terms and conditions for awarding the prizes can be found in the relevant special conditions for each Competition. Unless stipulated otherwise, each winner will only be awarded a single prize, irrespective of the details for the Competition (stake, multiple rankings, etc.).

Prizes are strictly personal and non-transferable and cannot be exchanged for other prizes or cash. Prizes offering free use of a service or access to an event cannot be resold.

Prizes awarded to a participant and a person (or persons) designated by the participant (named beneficiary(ies)) with a player account at Circus Netherlands cannot be excluded, suspended, or limited.

Winners shall bear sole responsibility for any tax, fees, subscriptions, flat-rate charges, general charges of any nature, and/or charges for any other types of services required for use and/or enjoyment of prizes in any form.

3.2. Winner identification

A prize will only be definitively awarded following verification and authentication of the winner, their identity, contact details, and Circus account (if a prerequisite for participation).

Participants and winners must demonstrate their identity through submission of official documentation (national ID card, passport, etc.) and proof of address, in the manner and within the time limit stipulated by Circus Netherlands.

3.3. Notification, acceptance and awarding of prizes

The special conditions for the Competition will stipulate how prizes are to be notified, accepted, and awarded for that Competition.

Participants who are declared winners acknowledge that they may be disqualified, without Circus Netherlands being held liable, in the following cases: if they do not satisfy the conditions for participation; if the Company is unable to contact them via any means of communication; if they do not respond within the time limit specified in an email, for instance, from Circus Netherlands or any third party acting on its behalf; or if it is impossible to name them as winners because of an error in their personal data due to sending or communicating incorrect, incomplete, inaccurate, or illegible data. The winner in such cases shall forfeit any right to compensation in whatever form.

Should Circus Netherlands come across an anomaly or circumstance constituting an exclusion, as defined under article 2.2, Circus Netherlands reserves the right, without prior notice, to withhold a prize or to award it to another participant.

3.4. Delivery of prizes

The time required for allocation/delivery/awarding of prizes shall be subject to the availability of the prizes with Circus Netherlands’s suppliers.

Should a company supplying a prize cease operations before delivering/providing the prize, Circus Netherlands reserves the right to cancel the Competition or to change the prize. Circus Netherlands cannot accept any liability with respect to the participants or the winner(s) in such cases.

If applicable, winners will receive their prizes by mail at the address notified to Circus Netherlands.

Circus Netherlands cannot accept liability if winners do not receive prizes for reasons attributable to the respective participant (e.g., incorrect address given) or third parties (e.g., supplier of the prize).

Circus Netherlands likewise cannot accept liability for items lost during postage or for damage caused during transport. Items not collected from the post office will not be re-sent or refunded.

Circus Netherlands will only process claims regarding prizes which have not been received, or which are damaged or incorrect, if received within 90 days from the date awarded, and if sent by registered mail to the following address: Circus Nederland [Circus Netherlands] or BETCA B.V. Ringbaan-West 242, Tilburg.

THE ADDRESS PROVIDED MUST CORRESPOND TO THE PROOF OF ADDRESS OR RESIDENCE PROVIDED AND/OR SENT TO CIRCUS NETHERLANDS, AS SPECIFIED UNDER SECTION 3.2 OF THESE RULES.

4. Image and publication rights

Any participants, including winners, expressly waive their image rights and guarantee that any person whose image is disseminated through them also waives their image rights for the purposes of the Competition. They undertake not to bring any legal action against Circus Netherlands with respect thereto.

Should winners accept prizes, they must agree, where applicable, to take part in various promotional activities, including interviews and photoshoots published, in particular, in print and broadcast media and online. Winners agree to their full name, pseudonym, and/or user name for the account, if applicable, being published or disseminated, in printed and audio-visual media in particular, irrespective of the medium, including online, and in any Circus Netherlands promotional material, without any geographical or temporal limitations, and that they shall not be entitled to any remuneration or financial compensation for such publication. Winners who accept prizes may therefore be asked to take part in photoshoots and/or videoshoots or, at the very least, to provide photographs of themselves to Circus Netherlands. Winners hereby waive the right to exercise their rights to their image, as reproduced, and with respect to any photographs and videos made and/or published.

Should a winner refuse to waive their image rights and/or take part in promotional activities, as described above, they can refuse to accept the prize and will consequently forfeit any rights to any form of compensation. Circus Netherlands also reserves the right not to award prizes to winners who do not comply with the provisions of this section, without prior notice or justification and without accepting liability.

5. Monitoring, communication, and complaints

5.1. Administration and monitoring of Competitions

The Competitions are generally administered and monitored by Circus Netherlands and, if Circus Netherlands so decides or is so required, under the supervision of a bailiff.

5.2. Compliance with and provision of the Rules

By taking part in Circus Netherlands Competitions, participants acknowledge that they have read these Rules and the special conditions for the Competition and that they will comply therewith.

The Rules are available here and in gaming halls and casinos. They form an integral part of each Competition and shall be provided to any person who requests them in writing.

Casino Netherlands is unable to respond to any requests for information or complaints with regard to Competitions, their organization, staging, or results, apart from questions regarding provision of these Rules.

6. Changes

Circus Netherlands reserves the right to make changes to these Rules at any time, without notice and without being obliged to give reasons, and without incurring liability.

Participants shall be deemed to have accepted any such changes merely by taking part in the Competitions, starting from the date when any such changes come into effect.

7. Limitation of liability

7.1. Risks – exceptional circumstances and force majeure

Circus Netherlands reserves the right to modify, suspend, or cancel Competitions (or part thereof), without incurring liability, if exceptional circumstances so require or in the event of force majeure.

If the Competition relates to an event (trade fair, exhibition, concert, etc.) for which the prize consists of one or more entrance tickets, Circus Netherlands cannot accept any liability toward participants or winner(s) should the organizers of the event or the authorities decide to cancel the event for whatever reason, prior to or on the day of the event. No other form of compensation shall be provided to winners of entrance tickets to events that are canceled or postponed, except by agreement of Circus Netherlands.

In the event of an online Competition or a Competition held by telephone or text message: Circus Netherlands cannot be held liable for limitations affecting the internet and text message services, including technical performance, or for risk of outages, or, more generally, for the risks inherent in any online activity or text message transmission. Under no circumstances can Circus Netherlands accept liability for illegible answers and/or loss of messages sent to Circus Netherlands by participants.

7.2. Damages and compensation

Circus Netherlands cannot accept liability for any loss or damage, whether direct or indirect, immaterial or physical, including accidents or death, caused by any incident, risk, or accident resulting from participation in the Competition and/or from the awarding, obtaining, or use of the prizes. In particular Circus Netherlands cannot accept liability in the case of prizes comprising products or services provided by third parties.

7.3. Third-party failures and breaches

Circus Netherlands cannot be held liable in the event of technical problems, communication problems, or failures or breaches by third parties that occur over the course of the Competition, organization of the Competition, or awarding of the prizes. Circus Netherlands therefore cannot accept liability in the event of errors during distribution of the prizes, loss of prizes during shipment, non-receipt of prizes, or prizes being damaged or delivered late.

7.4. If the prize comprises attendance at or participation in an event or trip (hereinafter referred to as "Events")

Any winners or persons accompanying winners will attend/take part in Events at their own risk; They will bear sole responsibility for their actions and anything which may occur over the course of their attendance at/participation in the Event. Circus Netherlands cannot accept liability in the event of loss or damage caused to a third party or another participant by a winner or anyone accompanying a winner, irrespective of the nature of the loss or damage or the facts or circumstances that caused it.

Similarly, winners and participants shall indemnify and hold Circus Netherlands harmless against the consequences of any legal action by a third party who/which may suffer loss or damage as a result of an act attributable to a winner or participant.

Winners and participants acknowledge that Circus Netherlands is only required to ensure their attendance at/participation in the Event, as outlined in the schedule for the Event. The winner and anyone accompanying the winner shall bear sole liability for any other costs, of whatever nature, incurred during the trip/travel to the Event.

Winners or anyone accompanying winners shall bear sole responsibility for the information required and the formalities to be completed in order to ensure their participation and availability/attendance at an Event, including the requirement to hold a valid passport or to have completed the required visa formalities.

Circus Netherlands cannot accept any liability for any direct, indirect, material, or immaterial damage, or physical injury, accident or death, suffered by the winner or anyone accompanying the winner during travel to and, more generally, attendance at/participation in the Event, irrespective of the cause, in particular as a result of possible failures (delays, cancellations, strikes, etc.) by third parties involved in organizing the trip/travel or Event (e.g., post office, airline, travel agent, hotel, organizer of sports event, etc.), including, in particular, any cases of force majeure.

8. Protection of personal data

Circus Netherlands does its utmost to protect personal data provided by participants. By taking part in the Competition, participants acknowledge that they have read and agree to the terms and conditions and method used for processing personal data, as defined in the Privacy Policy.

Participants hereby note that their names and data will be processed according to the terms and conditions and using the methods specified in the Privacy Policy. Their data will be stored in an address database that may be made available to third parties and/or may be used internally or for commercial purposes (direct marketing). Participants are entitled to demand access to their data and to have that data corrected, as specified in the Privacy Policy. Participants may, upon request and free of charge, object to the processing of their data by Circus Netherlands.

Any requests regarding the processing or protection of personal data and the exercising of any rights to such data should be sent to the following address [email protected]. In their request the data subject must specify the right that they wish to exercise and provide their details, address, and a legible copy of their national ID card or passport.

9. Intellectual property

9.1.

If participation in Competitions involves sending or uploading material containing intellectual property rights, participants must not only guarantee that they hold the intellectual property rights specified, but also indemnify and hold Circus Netherlands harmless against any legal action or proceedings by any third party in this respect. Participants hereby waive intellectual property rights to such material to Circus Netherlands and guarantee global enjoyment thereof for the entire period of validity of such rights, for use in the context of the Competition, without any other restrictions or limitations, to the extent permitted by law.

The same waiver shall apply to the broadest intellectual property rights, including, in particular, the right of reproduction, communication, distribution, exploitation, and/or alteration, by any means and processes, on any platform or medium.

Participants shall act as guarantors for the agreement of any third parties and beneficiaries who have likewise waived their rights to the material on behalf of the respective participant.

This shall apply, in particular, for the image rights of persons depicted in material used by participants as part of their participation in the Competition. Each participant must guarantee that they have obtained advance authorization from the persons depicted in the material to send or upload such material for the Competition and to publish it in all media (printed magazines, websites, apps, television, radio, etc.) managed or administered by Circus Netherlands, its affiliates or partners, and/or third parties. Participants must confirm that permission has been obtained from parents or legal guardians if minors are shown in photographs.

Participants undertake not to use material, over the course of their participation in the Competition, which, for whatever reason, is likely to damage the image, privacy, or reputation of third parties, or might cause them harm for whatever reason. Material provided by participants must not contain any defamatory, offensive, pornographic, racist, offensive, illegal, or immoral elements.

Circus Netherlands reserves the right to remove any material that does not comply with the conditions set out in these Rules, and to exclude any participant on that basis from the relevant Competition or other competitions.

9.2.

If third-party technologies and/or media are used over the course of the Competition, it shall not be taken to imply that the third parties in question are taking part in the respective Competitions. Unless specified otherwise, Circus Netherlands is the sole organizer of the Competitions.

10 – Applicable law and jurisdiction

These Rules shall be governed by and construed in accordance with Dutch law. The Amsterdam courts shall hold sole jurisdiction in the event of disputes.