Introduction
1.These Terms and Conditions set out your rights and obligations and those of Brain Media Limited (company number 06611760) whose registered office is at Aviation House, 1-7 Sussex Road, Haywards Heath, West Sussex, RH16 4D (the "Company").
2.By accessing this website ("The Games Site"), and/or registering for the activities and games (the "Games"), you represent and warrant that you fully understand and agree to comply with these Terms and Conditions. The Company may revise these Terms and Conditions at any time and your continued use of The Games Site and the Games shall be deemed acceptance of those revisions.
3.Game play is restricted to individuals of legal age as determined in the jurisdiction in which the individual resides. You cannot play under any circumstances if you are not at least eighteen years of age.
4.Participation in the activities and games of The Games Site (the Games) is open only to residents of those jurisdictions where such participation is legal and not prohibited. Participation in the Games is void wherever prohibited by law. Specifically if you live in one of the following US States you are not allowed to play our cash games: Alaska, Arizona, Arkansas, Connecticut, Delaware, Florida, Illinois, Iowa, Loisiana, Maryland, Missouri, Montana, South Carolina, South Dakota, Tennessee and Vermont
5.Brain Media Limited (the Company) makes no representations or warranties, implicit or explicit, as to your legal right to participate in the Games nor shall any of the Company's employees, licensees, distributors, wholesalers, affiliates, subsidiaries, advertising, promotion or other agencies, media partners, agents or retailers have the authority to make any such representations or warranties.
6.Employees of the Company, its licensees, distributors, wholesalers, affiliates, subsidiaries, advertising, promotion or other agencies, media partners, retailers and members of the immediate families of each are not eligible to participate in aspects of the Games where monetary prizes can be won.
7.Any participation in the Games is at your sole option, discretion and risk. By playing the Games, you acknowledge that you do not find the Games or The Games Site to be offensive, objectionable, unfair, or indecent.
Privacy Policy:
8.Brain Media treats personal privacy and data security with importance. The Company will not transfer your personal information to any third party company unless you choose to opt in for this purpose. By registering an account at The Games Site ("Account"):
- you recognise that due to the nature of the internet, any posting of personal information you make on the website outside of the registration process may be visible to internet users worldwide.
- you give full permission for The Games Site to store cookies containing your usage information of The Games Site.
- you give full permission for The Games Site to publish your username, your avatar picture and any corresponding scores around the website or on The Games Site newsletters.
- you agree to the use of your demographic data and other anonymous information by Brain Media Limited. This information cannot be linked to you personally.
- you give Brain Media Limited the permission to retain your personal information for as long as necessary as laid out in these Terms and Conditions.
- you recognise that we utilise emails to confirm deposits, notify you when you win tournaments and to let you know about events, special promotions and policy changes. These emails will be sent to the email address you have nominated in your Account. You have the option to opt out of receiving promotional emails at any time by clicking here or sending an email with your request to unsubscribe@braindash.com.
Game play
9.Games
- New games are scheduled and played on a regular basis.
- Once you have clicked on any paid for games, if you then leave the game before you answer the final question, your stake will not be credited back to your account.
- Once you have clicked on an answer, this cannot be changed.
- The answers to questions given by The Games Site are final. The Games Site will not enter into discussion with any players about the accuracy of the answers provided.
- For the score in a game to register in a tournament and be included in leaderboard calculations the relevant game must be completed by a player prior to the time at which the tournament is scheduled to finish.
Account usage
10.You are only permitted to enter The Games Site for your own personal entertainment and non-professional use. Any other entrance, access, use or reuse of The Games Site or the content contained within it is strictly prohibited.
11.Only one Account per person is permitted. Unfortunately, this is necessary to prevent abuse of our generous free money policies.
12.The management of The Games Site reserves the right to withhold payment to any player pending verification of the player's identity.
13.The Company reserves the right to cancel your Account or exclude you from certain games or activities for any reason whatsoever at any time without notice to you. Any balance in your Account at the time of such cancellation will be credited to your credit card and/or sent to you by cheque or via Paypal. However, the Company reserves the right, in its unfettered discretion, to void any winnings and confiscate any balance in your The Games Site account in any of the following circumstances:
- If you have more than one active Account for The Games Site;
- If the name on your The Games Site Account does not match the name on the credit card(s) used to make purchases on your The Games Site Account;
- If you participate in a The Games Site promotion and cashout before fulfilling the requirements of that particular promotion;
- If you provide incorrect or misleading registration information;
- If you are not of legal age;
- If you reside in a jurisdiction where participation in the Games is prohibited by law;
- If you have allowed or permitted (intentionally or unintentionally) someone else to play on your The Games Site Account;
- If you have not played The Games Site on an individual basis for personal entertainment only (that is, the Company determines that you have played in a professional sense or in concert with other player(s) as part of a club, group, etc.);
- If you have charged back any of the purchases made with your credit card on your The Games Site Account;
- If you are found cheating or if it is determined by the Company that you have employed or made use of a system (including machines, computers, software or other automated systems) designed specifically to defeat The Games Site or similar skill games sites.
14.The Company reserves the right to close The Games Site accounts registered from certain countries. This policy was introduced due to previous instances of high volume credit card fraud originating in these countries. Winnings from these accounts will not be paid out more than the amount of the purchases made on the account. We apologise to the customers from the countries detailed below for the inconvenience caused.
15.The countries are: Albania , Armenia , Azerbaijan , Belarus , Belarussia , Bosnia , Bosnia and Herzegovina , Bulgaria , Croatia , Czech Republic , Estonia , Herzegovina , Hungary , Indonesia , Kosova , Latvia , Lithuania , Malaysia , Moldova , Montenegro , Romania , Russia, Russian Federation , Serbia , Slovakia , Slovenia, South Africa, Turkey, Ukraine and Yugoslavia.
16.By accepting any prize and/or winnings from the Company, you consent to the use of your name and avatar picture for advertising and promotional purposes without additional compensation except where prohibited by law.
17.If you have any dispute with regard to any outcome in the Game, you must submit your complaint to the Company in writing within fourteen (14) days. In the event of a discrepancy between the result showing on your The Games Site software and the The Games Site server software, the result showing on the The Games Site server software shall be the official and governing result of the Game.
18.You are solely responsible for any applicable taxes on any prizes and/or winnings that you collect from the Company.
19.The Company reserves the right, in its sole discretion and without notice to you, to add new activities or games to The Games Site or to discontinue any activity or game of The Games Site at any time.
20.The Company reserves the right, at its sole discretion, to limit the number of player entries eligible for prizes in free entry games or tournaments won the Games Site. Games at the date of this Agreement with restrictions on the number of player entries for prize scoring purposes include:
- Trivial Trial free entry prize tournament - Limited to 15 game entries per player.
21.The Company reserves the right, in its sole discretion and without notice to you, to add or discontinue site functions associated with an individual player’s status or activities on The Games Site such as any extra functionality enabled for players who have deposited funds at least once on The Games Site (currently described as Gold Player status on The Games Site).
22.If you do not log onto your The Games Site account for a period of 180 days, any balance in your account may be forfeited to the Company.
23.You are solely responsible for keeping your account number and password secure and secret. You shall not allow any other person or third party including, without limitation, any minor, to use or reuse your account, access and/or use any materials or information from The Games Site, accept any Prize, or participate in the Games. You are solely responsible for any purchases and/or losses that may occur on your account.
24.The Company shall not be required to maintain user names or passwords if the Player misplaces, forgets, loses, or is otherwise unable to enter The Games Site because of anything other than the Company's error.
25.The Company shall not be liable for computer or Internet malfunctions nor attempts by the Player to participate in the Games by methods, means or ways not intended by the Company.
26.If you are found to be cheating or attempting to defraud the Games, or if you make untrue and/or malicious comments with regard to the Company's operation, the Company reserves the right to publicise your actions together with your identity and e-mail address, as well as to circulate this information to other The Games Site users and gaming companies, banks, credit card companies, and appropriate agencies.
27.You shall hold the Company, its employees, officers, directors, licensees, distributors, wholesalers, affiliates, subsidiaries, advertising, promotion or other agencies, media partners, agents and retailers harmless and shall fully indemnify same from any and all costs, expenses, liabilities and damages whatsoever that may arise as a result of:
- your entry, use, or reuse of The Games Site,
- your use of any materials at The Games Site,
- your entry, use, or reuse of The Games Site's server,
- your participation in the Games, or,
- your acceptance of any prize.
28.The brand shown as presenting the website on the pages of Games Site is a trade name of the Company or its partners, and you obtain no rights to such term, nor any other terms, graphics, text, concepts or methodologies, by using the website and the material contained therein.
29.Materials of the Game (whether electronically obtained or obtained by other means) are automatically void if counterfeited, mutilated, forged, altered or tampered with in any way, if illegible, mechanically or electronically reproduced, obtained outside authorised legitimate channels or if they contain printing, production, typographical, mechanical, electronic or any other errors. Liability for materials of the Game containing any error is limited to replacement of same.
30.Any and all materials submitted for prize claims become the property of the Company and will not be returned. The Company is not responsible for lost, late, illegible, incomplete, damaged, mutilated, misdirected, or postage due mail, requests, prize claims or entries.
31.By submitting any material to The Games Site:
- You represent that you are fully entitled to do so and;
- You grant us a non-exclusive, royalty-free, non-terminable license to copy, modify, distribute, show in public and create derivative works from that material.
32.We recommend that customers print out all transaction data, rules of the game and payment methods and keep them in an easily accessible place.
Withdrawals
33.In order to withdraw funds from your Games Site account you must:
- Be over 18
- Have made at least one deposit (which can be later withdrawn)
- When requested by us: provide us with proof of your identity
34.Withdrawals from your Account will normally be made either by crediting a PayPal account that is registered in your name or by cheque posted to you but players outside the United Kingdom will only be able to make withdrawals using a verified PayPal account. The Company reserves the right to process withdrawals to Paypal verified accounts only. Normally your withdrawal will be credited to your PayPal account within four business days, although some withdrawals may take longer.
35.The Company reserves the right to charge a processing fee for each withdrawal from your Account of up to £2 or equivalent in other currencies.
36.Bonuses that have not yet been converted to your cash balance at the time of withdrawal will be voided.
37.Withdrawals must be in whole amounts of pounds (£), US dollars ($) or Euro (€) whichever is the relevant currency utilised by your Account.
38.The Company reserves the right to amend these Terms and Conditions, or to implement or amend any procedures, at any time without prior notice to you. Such amendments will be implemented at the discretion of the The Games Site management and put into immediate effect. Such procedural changes will only be in response to the interests and security of The Games Site or the players.
39.The Terms and Conditions contained herein represent the complete, final and exclusive agreement between you and the Company and supersede and merge all prior agreements, representations and understandings between you and the Company with regards to playing The Games Site.
These Terms and Conditions were last updated 21st February 2011