Terms and Conditions of Use for SJOGF.ORG
Introduction
This Player Agreement – Terms and Conditions of Use for SJOGF.ORG contains the terms and conditions that govern the use of Saint John of God Foundation Limited’s SJOGF.ORG I-Raffle site. . By checking the “accept” box, a Player or a Player is confirming that he or she understands and agrees to be bound by the terms and conditions of this Agreement. If a Player or a Player does not agree with any of the terms and conditions of this Agreement, the individual is not permitted to register an account with or access SJOGF.ORG.
The Saint John of God Foundation Limited (SJOGF) reserves the right to revise this Agreement from time to time in such manner as SJOGF, in its sole discretion, determines to be appropriate. SJOGF will post a notice on SJOGF.ORG advising Players when this Agreement has been revised; Players (prior to logging into their Player Account) will be required to acknowledge and agree to be bound by the revised terms and conditions from and after that date. Each Player and Player is responsible for familiarizing him or herself with all the terms and conditions of this Agreement and ensuring that he or she understands and agrees to be bound by them prior to registering an account with SJOGF.ORG or logging-in to his or her Player Account.
If a Player breaches or otherwise fails to comply with the terms and conditions of this Agreement, SJOGF will have the right to exercise any or all the remedies described in this Agreement or otherwise available to it in law or in equity. Those remedies may include, for example, (i) the right to terminate a Player’s eligibility to maintain a Player Account, (ii) to lock, suspend and/or deactivate a Player Account, and (iii) to retain any or all Refundable Funds (as defined in Section 2 below) associated with a Player Account.
Definitions
The following terms have the respective meanings specified below, and grammatical variations of such terms have corresponding meanings:
“SJOGF.ORG” means SJOGF’s website and mobile applications through which select Raffles are made available to eligible Players from time to time;
“SJOGF Raffle System” means the system that is used by SJOGF for registering and administering Player Accounts, facilitating the purchase of Raffle tickets and paying Prizes, for the purpose of raising funds for Charitable causes supported by SJOGF;
“Access Device” means any electronic means of accessing SJOGF.ORG, including but not limited to, computers, smartphones, feature phones, tablet devices, touch devices, or any home entertainment system such as video games consoles and smart TVs (or by any other remote means);
“IRISH AUTHORITY ” LOTTERY LICENCE No. 66.4 granted under GAMING AND LOTTERIES ACT 1956, SECTION 28 by DUBLIN METROPOLITAN DISTRICT Court;
“Agreement” means this Player Agreement – Terms and Conditions of Use for SJOGF.ORG, as amended or replaced from time to time by SJOGF;
“Business Day” means any day other than a Saturday, a Sunday, a statutory holiday in Ireland or any day on which banks are not open for business in Ireland;
“Chargeback” has the meaning specified in Section 5.4;
“Cookie Policy” means the SJOGF.ORG Cookie Policy, as amended or replaced by SJOGF, in its sole discretion, from time to time. Subject to Section 3, the Cookie Policy is incorporated into and forms part of this Agreement;
“Downtime” has the meaning specified in Section 12.2;
“Inactive Account” means a Player Account that is described in Section 10.2.1 but does not include the Player Account of a Self-Excluded Individual;
“Inactive Account Fees” means the amount of which SJOGF will be entitled to withdraw from the Refundable Funds associated with the Player Account at the end of each month (or at any time thereafter) without the requirement for any advance or further notice to the Player as described in
“License” LOTTERY LICENCE No. 66.4 granted under GAMING AND LOTTERIES ACT 1956, SECTION 28 by DUBLIN METROPOLITAN DISTRICT Court;
“Player” means an individual or a customer who has successfully registered an Account that has not been suspended, deactivated, locked or closed;
“Player Account” means a customer or Player’s account used to purchase Raffle tickets on X-COM;
“Player Contact Information” means a customer or Player’s contact information that is associated with a Player’s Account and stored in the SJOGF I-Raffle System at the relevant time including, for example, the Player’s name, e-mail address, mailing address and telephone number;
“Player-Initiated Transaction” has the meaning specified in Section 10.2.1;
“Player Support” means SJOGF.ORG customer support services, which can be contacted in accordance with Section 15.1;
“Play-for-Free Game” means any of the free games made available through SJOGF.ORG from time to time that constitutes a “gaming scheme” but does not afford a Player a chance to win a Prize;
“Pool” means a list of games, events, or activities in which there are end-results to the games, events, or activities;
“Raffle” means buying Raffle tickets where the odds of an outcome are based on number of tickets sold for a given raffle , and then a raffle number is drawn randomly from all the tickets sold. The available prize is then awarded to the player whose ticket is drawn;
“Raffle Rules” means any terms, conditions, explanations, rules and procedures, including the prize structure, issued by SJOGF from time to time (in addition to this Agreement) which apply to an Online Raffle, and which are designated by SJOGF as Raffle Game Rules. Subject to Section 3, the Raffle Rules are incorporated into and form part of this Agreement;
“Privacy Policy” means the SJOGF.ORG Privacy Policy, as amended or replaced by SJOGF from time to time. Subject to Section 3, the Privacy Policy is incorporated into and forms part of this Agreement;
“Prize ” means the available prizes as defined for each Raffle;
“Player” means any individual who has registered on SJOGF.ORG.;
“Refundable Funds” means any funds corresponding to US dollars that are deposited to a Player Account, that have been credited back to a Player’s payment processing services account;
“Self-Excluded Individual” has the meaning specified in 9.3.2;
“Side Games” means any of the free games made available that constitutes a “gaming scheme”;
“Subscription” means benefits attributed to an individual who has committed to deposit a minimum amount for wagering that is Non-Refundable for a stated period of time;
“Username and Password” means a unique combination of identifiers created by a Player that is used by that Player to identify himself or herself to the SJOGF I-Raffle System each time the Player wants to access his or her Player Account;
“SJOGF” means Saint John of God Foundation Limited which is registered in Ireland under Company No: 18005 and with registered office and trading address is Flavin House, Stillorgan Co. Dublin. We are a registered charity registered under Charity No: CHY18280 and the successors thereof.
Additional Documents Comprising Part of this Agreement
This Agreement incorporates by reference the terms, conditions, policies, statements and explanations of other documents, including:
the applicable Raffle Rules;
the Cookie Policy; and
the Privacy Policy
In the event of any conflict or inconsistency between any provision of this Agreement and any of such other terms, conditions, policies, statements and explanations, the order of precedence shall be in descending order of clauses (a) to (d) above, except that this Agreement (excluding the Cookie Policy and the Privacy Policy) shall rank below the applicable Bonus Funds Terms and above the Cookie Policy and the Privacy Policy for such purpose.
Registration of a Player Account – Eligibility to Register a Player Account
Only Players are allowed to buy Raffle tickets through SJOGF.ORG. An individual who desires to become a Player must satisfy the following criteria, as determined by SJOGF in its sole discretion:
The Player must not already be a Player. A Player is only entitled to have one Player Account. The registration or attempted registration of more than one Player Account will constitute a material breach of this Agreement;
the Player must be at least 18 years of age;
the Player must be an individual who is acting on his or her own behalf. The Player must not be acting for or on behalf of anyone other than him or herself, whether as an agent or otherwise; and
the Player must submit true, complete and accurate registration information.
A Player may only register an account online using the SJOGF.ORG website;
A Player who does not satisfy all the foregoing criteria is not eligible to register an account with SJOGF.ORG or to become a Player. SJOGF, in its sole and unfettered discretion, may require additional information or documentation from a Player prior to completing the registration of a Player Account or at any time, thereafter, including for the purposes of confirming a Player’s identity or other Player Contact Information, and in order to investigate any suspected breaches of this Agreement (including any suspected fraudulent or dishonest activity).
SJOGF will disclose a Player’s registration information to third party service providers for the purposes of authenticating some or all of the registration information that has been provided to SJOGF and to otherwise confirm that a Player has satisfied the foregoing criteria and is eligible to register a Player Account. In addition, SJOGF may similarly disclose information in respect of a Player from time to time for the purposes of (i) confirming the Player’s continued eligibility to maintain a Player Account, (ii) investigating any suspected breaches of this Agreement (including any suspected fraudulent or dishonest activity), and (iii) exercising any of SJOGF’s other rights described in this Agreement or in any of the other documents incorporated in this Agreement by reference pursuant to Section 3.
By providing any information or documentation to SJOGF, the Player (or the Player) consents to the use and disclosure of such information by SJOGF for all of the purposes contemplated in this Agreement or in any of the other documents incorporated in this Agreement by reference pursuant to Section 3. Please see the Cookie Policy and the Privacy Policy for additional information regarding the collection, use, disclosure and storage of personal information by SJOGF.
Player Account Information
Information that is submitted by a Player who is registering an account with SJOGF.ORG must be true, accurate, and complete at the time it is provided to SJOGF and such information must remain true, accurate, and complete following the registration of a Player Account. If any of such registration information changes following the registration of a Player Account, it is the Player’s sole responsibility to ensure that the Player remains entitled to have a Player Account pursuant to the terms of this Agreement and, if necessary, to update their information in the Player Account by going to the My Account page.
SJOGF may, from time to time, disclose a Player’s registration information to third party service providers for the purpose of confirming that the Player’s registration information remains true and accurate. In addition, SJOGF may, at any time in its sole and unfettered discretion, request additional information and documentation from a Player for this purpose.
The Player consents that SJOGF, and its third-party service providers, can collect personal information/player information. The Player consents that this information can be used and disclosed outside of Ireland. This consent enables the following services to be provided: i) verification of identity; ii) payment processing; iii) location verification; iv) analytics (e.g., web site usage); v) customer relationship management and player support; vi) email services; and vii) technical support of SJOGF.ORG.
The failure to update Player Account information in a timely manner will constitute a material breach of this Agreement by the Player. Following the registration of a Player Account, if SJOGF discovers that any of the registration information associated with a Player Account in the SJOGF I-Raffle System is not true, or is no longer accurate or complete (including, for example, the failure of a Player to update their Player Account information to reflect changed circumstances , SJOGF may take any and all steps in relation to the Player or the Player Account that SJOGF determines, in its sole discretion and unfettered, to be appropriate. For example, these steps may include locking or deactivating the Player Account, investigating any security issues and, in the case of suspected or actual identity theft or fraud, disclosing all relevant information to the appropriate law enforcement authorities and other third parties that SJOGF determines to be appropriate (for example, the IRISH GOVERNMENT, SJOGF’s payment processors, credit card issuers, and game providers).
SJOGF may require a Player to provide additional information and documentation if SJOGF, in its sole and unfettered discretion, determines that the additional information or documentation is needed: to comply with applicable laws or regulatory requirements; to prevent fraud or other illegal activity (whether suspected or actual); to address a suspected or actual breach of the terms and conditions of this Agreement, and/or to confirm a Player’s identity or entitlement to receive funds. Without limiting the generality of the foregoing, a Player will be required to provide to SJOGF such information and documentation as SJOGF may determine that it requires in order to meet its regulatory reporting obligations. All such information that is provided to SJOGF will be stored in the SJOGF I-Raffle System on servers located in Guernsey, Channel Islands. By providing such additional information or documentation to SJOGF, the Player will be deemed to represent and warrant to SJOGF that such information is true and accurate or that such documentation is a true, accurate, and complete copy of the original.
Password Security
When registering for a Player Account, a Player will be required to create a Username and Password. Following the registration of a Player Account, the Player is solely responsible for maintaining the security and secrecy of the Player’s Username and Password, including related security or verification questions and answers. A Player is not permitted to disclose the Username and Password to any other individual (including other Players, Players, family members, or minors), and only the Player is permitted to use the Username and Password to log-in to his or her Player Account. Without limiting the generality of the foregoing, a Player is not permitted to use his or her Username and Password for the purpose of giving any other individual access to the Player’s Account for any reason whatsoever. All transactions (for example, changes to registration information and Player Contact Information, deposits, withdrawals and buy raffle tickets) made through a Player Account following the correct entry of a valid Username and Password will be deemed to have been made by the Player, and the Player will be solely responsible for all such transactions.
If a Player intentionally or unintentionally discloses his or her Username and Password to anyone else, or if the Player suspects that someone else might have discovered the Player’s Username and Password (whether or not such other person has used or attempted to use the Player’s Username and Password), the Player must immediately change his or her credentials on SJOGF.ORG and notify Player Support regarding the compromise or possible compromise of the original Username and Password.
A Player can change his or her credentials at any time by going to the My Account page.
Player Accounts
A Player can access his or her Player Account by going to the My Account page on the SJOGF.ORG website to view, for example, the following information:
the Player’s registration information, including Player Contact Information;
the Player’s Username and Password, as well as related security questions and answers;
the financial transaction history associated with the Player Account; and
the raffle transaction history associated with the Player Account.
If a Player discovers any inaccuracy or error in the information that is contained in his or her Player Account, or if the Player suspects that such an inaccuracy or error may exist, regardless of who is responsible for the inaccuracy or error, the Player is required to immediately contact Player Support.
SJOGF.ORG is a personal entertainment website. A Player may only use his or her Player Account for personal purposes. A Player is not permitted to use SJOGF.ORG or any component thereof (including a Player Account) or any content included on SJOGF.ORG for any business, commercial or public purpose or for any other purpose that SJOGF advises the Player from time to time is not permitted.
A Player Account is not the property of the Player and cannot be assigned or transferred to, or shared with, any other person by the Player for any purpose.
Chargeback
A “Chargeback” occurs for the purposes of this Agreement when a credit or debit cardholder contacts the bank or other financial institution that issued the card to initiate a refund for a payment transaction that was made using the card or the account associated with the card, and the bank or financial institution requests that SJOGF or its third-party payment gateway service provider return the relevant funds.
If a Player funds the balance of his or her Player Account and thereafter a Chargeback occurs in respect of all or part of the deposit transaction, SJOGF (or any of its third-party service providers) may take any or all of the following actions, in each case as SJOGF, in its sole discretion, determines to be appropriate:
lock the Player Account pending resolution of any dispute relating to the Chargeback. If a Player Account is locked in such circumstances, the Player will not be able to log-in to the Player Account or withdraw any Refundable Funds until the Player Account is unlocked unless SJOGF, in its sole discretion, determines otherwise, and all future game transactions associated with the locked Player Account will be suspended (i.e., no purchase or other financial transaction in respect thereof that has not been completed at the time the Player Account is locked will be completed) until the Player Account is unlocked;
request that the Player contact Player Support to explain the circumstances of the Chargeback;
debit the Refundable Funds in the Player Account with the amount of the Chargeback. If that debit results in a negative balance of Refundable Funds in the Player Account, the amount of the negative balance will constitute a debt owed by the Player to SJOGF, and SJOGF reserves the right to recover such amount from the Player; or
deactivate the Player Account and exclude the Player from playing Raffles on SJOGF.ORG (i.e., deem the individual to thereafter be an Excluded or Suspended Individual).
Global Wagering Limits
SJOGF, in its sole and unfettered discretion, shall set maximum monthly spending limits. Prior to a Player making any bets, a Player will accept SJOGF’s established monthly limits
Advertising
Publishing Winner Information
SJOGF may publish the winner’s name, nickname (as selected on this site), town/city, prize amount, game name, draw date and paid date on SJOGF’s web site (SJOGF.ORG). Such information will not be published for longer than 30 calendar days.
Responsible Gaming
Importance of Responsible Gaming
SJOGF’s commitment to responsible gaming includes:
supporting Players with information and tools to help them make informed choices when they play games;
collaborating with independent organizations, professionals, and experts in responsible gaming; and
providing referrals for Players who want assistance related to problem gaming.
Responsible Gaming Tools
SJOGF is committed to supporting Players to make responsible and informed gaming choices and offers a variety of play management tools to help them manage the money and time they spend gaming. Responsible gaming tools that are available on SJOGF.ORG include:
establishing a monthly spending limit, applicable to all Players
Self-Exclusion
Definition
“Self-Exclusion” is a self-help program that assists people in taking steps to control or cease their gaming. SJOGF through its SJOGF I-Raffle System may provide a Self-Exclusion tool designed to support those individuals who have made a personal commitment to reduce their gaming or cease it altogether or alternatively player can contact SJOGF through Player Support to request Self-Exclusion”.
An individual who opts to self-exclude from gaming on SJOGF.ORG is referred to as a “Self-Excluded Individual”.
Two types of Self-Exclusion tools are available on the SJOGF I-Raffle System:
Time limited Self-Exclusion
Permanent Self-Exclusion.
Becoming a Self-Excluded Individual for SJOGF.ORG (Time Limited)
A Player who has registered for a Player Account on SJOGF.ORG may choose to self-exclude from participation at any time by:
Suspending the account by sending a request to exclude Player Support at SJOGF.ORG . The suspension period is three months and the Player will not be able to activate his or her account any earlier than the three-month period.
To reactivate the account, the Player must agree to activate his or her account by sending a request to activate their account.
Any funds remaining in the Player’s e-Wallet will be held for the player during the suspension period.
Reinstatement of a Self-Excluded Individual’s Player Account
“Reinstatement” is the return to Internet gaming through SJOGF.ORG after the period of Self-Exclusion. Although a Self-Excluded Individual may remain self-excluded indefinitely, after his or her chosen term of Self-Exclusion has expired, he or she must reactivate their Player Account to return to gaming on SJOGF.ORG.
Becoming a Self-Excluded Individual (Permanent)
A Player who has registered for a Player Account on SJOGF.ORG may choose to permanently self-exclude from participation at any time by contacting Player Support and request permanent-self-exclusion. Player Support will guide the Player through the process of withdrawing their refundable funds, and the Player’s account will be deactivated permanently.
Effect of Deactivation of a Player Account for Permanent Self-Exclusion
When a Player who has becoming a Self-Excluded Individual, their Account is deactivated for permanent self-exclusion, and:
that the SJOGF I-Raffle System will never permit the Player to log into the SJOGF.ORG site;
no further communication will be sent to the Player;
that the Player, by their request to permanently self-exclude, agree not to attempt at all to log into the SJOGF.ORG site whatsoever.
Closure of a Player Inactive Account
Closure of a Player Account by the Player
A Player may close his or her Player Account at any time by contacting Player Support. If a Player is no longer eligible to have a Player Account (for example, if the Player will be relocating to a jurisdiction outside of allowable jurisdictions), the Player is required to close his or her Player Account.
Closure of a Player Account by SJOGF
SJOGF shall have the right, in its sole and unfettered discretion, to close a Player Account.
Inactive Account
A Player Account will become an Inactive Account if there has not been a successful Player-Initiated Transaction for a period of 12-consecutive months, unless the Player Account is that of a Self-Excluded Individual. For this purpose, a “Player-Initiated Transaction” means (i) a deposit of funds by the Player for the purpose of funding the Player Account; (ii) a withdrawal of Refundable Funds from the Player Account, or (iii) a bet, wager or purchase of an Event- Based Game Played Online or a Pay-to-Play Game. If a Future Game Transaction associated with a Player Account expires or is suspended or cancelled for any reason, the foregoing 12-month period will be calculated beginning on the day that the last Future Game Transaction is processed from the Player Account, being the last Player-Initiated Transaction. For the avoidance of doubt, a Play-for-Free Game is not considered a Player-Initiated Transaction.
A Player Account that has become an Inactive Account will cease to be an Inactive Account following the successful completion of a Player-Initiated Transaction.
Locking or Deactivation (Closing) of a Player Account in SJOGF’s Discretion
SJOGF shall have the right to lock or deactivate a Player Account at any time in its sole discretion.
Except in the circumstances described below, if SJOGF deactivates a Player Account, SJOGF will deposit an amount equal to the Refundable Funds as at such date into the payment services account that is associated with the Player Account, the details of which are stored by SJOGF on the SJOGF I-Raffle System. In the event that SJOGF is not able to successfully deposit the Refundable Funds in such payments services account (for example, because the payment services account has been closed or because SJOGF requires additional information in order to confirm that the bank account belongs to the Player), SJOGF will use its reasonable efforts to contact the Player using the Player Contact Information. If SJOGF is unable to contact the Player, then SJOGF will retain the Refundable Funds until SJOGF receives proper instructions relating to the disposition of such funds from the Player or his or her legal representative. If after a 12-month period following the date of Deactivation of the Player Account the SJOGF does not receive proper instructions relating to the disposition of such funds from the Player or his or her legal representative, the funds shall be treated as forfeited by the Player, in which case the Player will not be entitled to have the Refundable Funds returned.
Notwithstanding the foregoing, if SJOGF deactivates a Player Account as a result of the occurrence of a material breach by the Player under this Agreement, SJOGF (in its sole discretion) shall be entitled to treat any or all of the Refundable Funds as forfeited by the Player, in which case the Player will not be entitled to have the Refundable Funds returned.
Effect of Deactivation of a Player Account
When a Player Account is deactivated:
the Player shall not have access to his or her account for wagering or game play;
any scheduled wagers, bets or purchases (including for Future Game Transactions) that have not been completed prior to the deactivation will be cancelled;
the Player will not be entitled to receive any offers for new Bonus Funds; and
this Agreement will terminate, except for those provisions which by their nature are intended to survive the termination of this Agreement.
Reactivation of a Player Account
SJOGF will retain information relating to an Inactive Account in the SJOGF I-Raffle System for up to five (5) years following the locking of such account. If a Player Account has become an Inactive Account and is locked, the Player may thereafter contact Player Support to request the reactivation of the Player Account. If an Inactive Account is reactivated, it will have the same account details as those which existed as of the date the Player Account became an Inactive Account. In the event that any of the relevant information has changed (for example, the Player Contact Information), the Player will be solely responsible for updating such information and complying with the terms and conditions of this Agreement which are then in effect.
When a Player Account is reactivated, the Player is not entitled to any Bonus Funds or such Bonus schemes from the period in which the Player Account was deactivated.
Accessing and Using SJOGF.ORG
Supply and Maintenance of Player Equipment and Services
Players are solely responsible for supplying and maintaining all equipment, technology and services that they require to access and use SJOGF.ORG. The performance or operation of SJOGF.ORG or any website or downloadable casino client or mobile applications that SJOGF may make available to Players from time to time may be affected by a Player’s computer equipment, mobile device, Internet connection or other factors that are outside of SJOGF’s control. In some cases, a Player may not be able to access or use some or all of the components or functionality of SJOGF.ORG as a result of deficiencies in their own equipment or technology or the service providers retained by them. For example, a slow Internet connection could adversely impact the performance or operation of SJOGF.ORG, or the settings on a Player’s computer could cause some or all of the content of SJOGF.ORG to display incorrectly or to fail to display.
SJOGF makes no representation or warranty of any kind regarding the compatibility, functionality, performance or operation of SJOGF.ORG or any component thereof on any Player’s computer or other devices used to access SJOGF.ORG.
Players may require additional third-party services to access SJOGF.ORG (e.g., Internet Service Provider agreement; Mobile Carrier agreement; Email Account; Short [or Text] Message Service). The Player is solely accountable for any agreements and charges related to these third-party services. A Player should familiarize him or herself with the terms and conditions that govern any such services prior to using them to access SJOGF.ORG.
Downloadable Content
To access or use certain components of SJOGF.ORG, it may be necessary for a Player to download software (for example, certain Side Games may require a flash player, or a Player may wish to use a downloadable Side Games client that SJOGF may make available to Players from time to time).
Certain third-party product providers may require the Player to accept and agree to additional terms and conditions governing the use of their products. It is the sole responsibility of the Player to determine whether he or she accepts and agrees to any such third-party terms and conditions, and if the Player does not accept and agree to them, such third-party products should not be used.
SJOGF shall not be liable for any direct or indirect damage to or loss of data from a Player’s equipment that may arise from or as a result of the access or use of SJOGF.ORG or any content, software or applications made available by or on behalf of SJOGF through SJOGF.ORG.
SJOGF’s Intellectual Property Rights
SJOGF is the owner or licensee of all of the copyright, trademarks and other intellectual property rights in, to and in respect of SJOGF.ORG and the SJOGF I-Raffle System, including the content of the foregoing, the Raffles and any written communications that are sent to Players by or on behalf of SJOGF (collectively, “SJOGF IP Rights”). No Player shall be deemed to be granted or to receive any rights in or to any of the SJOGF IP Rights except to the extent specifically contemplated in, and subject to the terms and conditions of, this Agreement.
Viruses, Hacking and Other Offences
The access or use of SJOGF.ORG other than in accordance with the terms and conditions of this Agreement is strictly prohibited.
A Player or a Player shall not:
knowingly or negligently introduce, or permit the introduction of, any virus, trojan, worm, logic bomb or other material that is or would reasonably be expected to be malicious or technologically harmful to SJOGF.ORG, the SJOGF I-Raffle System, any Game or any component of any of the foregoing;
access or attempt to gain access to SJOGF.ORG, the SJOGF I-Raffle System, any Game or any component of any of the foregoing that he or she is not entitled to access, including the servers on which SJOGF.ORG, the SJOGF I-Raffle System or any Game is stored or any server, computer or database connected to SJOGF.ORG, the SJOGF I-Raffle System or any Game. The foregoing restriction includes any attempt to bypass any security mechanisms included in SJOGF.ORG, the SJOGF I-Raffle System or any Game, including those which are intended to protect the security of Players’ personal information;
use any software program which, in SJOGF’s sole determination, is endowed with artificial intelligence (i.e., robots) in connection with the Player’s participation in a Game;
attack, whether alone or in combination with others, SJOGF.ORG by means of a denial-of-service attack or a distributed denial-of-service attack;
translate, reverse engineer, decompile, disassemble, modify, create derivative works based on, or otherwise modify or make any attempt to discover the source code of any software (or any part thereof) that is downloaded through or in connection with the access or use of SJOGF.ORG;
copy, disclose (including, for example, by posting on any social media, blog, message board or other public forum), transmit or otherwise make available, or remove or alter, any of the content or material that is made available on or through SJOGF.ORG; or
remove, obscure or alter any notice of any SJOGF IP Right (including any designation of copyright or trademark) contained in any content or material that is made available on or through SJOGF.ORG.
A failure to comply with this Section 11.4 will constitute a material breach of this Agreement by the Player or the Player. In the event that any action that is prohibited by this Section 11.4 occurs, SJOGF (in its sole discretion) may deem it to be an Error for the purposes of this Agreement, and, in addition to this Section 11.4, Section 12.1 shall also apply in respect thereof.
Collusion, Cheating, Fraud and Criminal Activity
Each Player is prohibited from engaging in and is required to immediately notify SJOGF upon becoming aware that another Player is or may be engaging in, any form of collusion, cheating, fraud or criminal activity or otherwise exploiting an unfair advantage involving any Game or other component of SJOGF.ORG, including in connection with the registration of a Player Account, the deposit of funds with SJOGF to the credit of the balance of a Player Account or the withdrawal of Refundable Funds.
For the purposes of this Agreement, as examples only:
fraud includes the unauthorized use of a credit card as a source of funds to be deposited to the credit of a Player Account;
criminal activity includes money laundering; and
an unfair advantage includes the exploitation of a fault, loophole or error in any software that is used in connection with the operation of SJOGF.ORG (including any Game) or the exploitation of any Error.
SJOGF will use reasonable efforts to detect and prevent any such collusion, cheating, fraud or criminal activity by Players or the taking of any unfair advantage by Players, but in the event, that any such activity occurs and another Player incurs any loss or damage, SJOGF will not be liable for any such loss or damage.
SJOGF shall have the right to notify all third parties which SJOGF, in its sole discretion, determines to be appropriate in the event of any actual or suspected collusion, cheating, fraud or criminal activity by any Player or the taking of any unfair advantage by any Player, including the appropriate law enforcement authorities and other third parties that SJOGF determines to be appropriate (for example, police services, the DUBLIN METROPOLITAN DISTRICT Court,, SJOGF’s payment processors, and game providers).
Errors and Unavailability of SJOGF.ORG
SJOGF’s Errors
A number of circumstances may arise where a Game-related bet, wager or purchase is accepted by SJOGF, or where SJOGF awards a Prize, credits a Player Account or processes a withdrawal, in each case in error (an “Error”). As examples only, Errors may include:
where SJOGF misstates any Game Rules, Pay-to-Play Game Rules or Terms, in each case as a result of an obvious error or omission in inputting the information, or as a result of a computer malfunction; or
where SJOGF deposits into a Player’s payment services account an amount that is greater than the amount of Refundable Funds in a Player Account.
SJOGF reserves the right to correct any Error in the manner that it deems appropriate in the circumstances, and SJOGF’s decision shall be final and binding.
Neither SJOGF nor any of its employees, agents, or service providers shall be liable for any loss incurred by a Player that results from any Error, including any loss of winnings that results from a forfeiture thereof by the Player as a result of the Error. SJOGF shall use reasonable efforts to notify a Player if any Error has adversely impacted the Player, or if the correction of any Error adversely impacts the Player.
In the event that SJOGF pays any money (i.e., by processing a withdrawal) to a Player as a result of an Error, the Player shall be deemed to hold such money in trust for SJOGF, and SJOGF shall have the right to recover such money through a correcting entry to the extent that funds are available in the Player’s Player Account and, if sufficient funds are not available, through a demand for payment to that person which the person shall immediately satisfy, to the extent of any deficiency, in accordance with SJOGF’s reasonable instructions.
If an Error results in a credit to a Player Account (the amount of such credit being “Error Funds”), any subsequent Game-related bet, wager or purchase may be deemed by SJOGF to have been made using the Error Funds, and (i) SJOGF may cancel such bet, wager or purchase, and (ii) if any Prize in respect thereof has been credited to the Player Account or otherwise paid or delivered to the Player, the Player shall be deemed to be holding the full amount of such Prize in trust for SJOGF, and (iii) upon SJOGF making a demand for the return of such Prize, the Player shall immediately return the Prize to SJOGF in accordance with SJOGF’s reasonable instructions.
Unavailability of SJOGF.ORG
SJOGF intends to make SJOGF.ORG available on a 24-hour basis, 7 days a week. However, from time to time it will be necessary to limit or restrict access to all or parts of SJOGF.ORG (“Downtime”), including for purposes of conducting software maintenance and upgrades, and addressing Errors and other issues as determined by SJOGF in its sole discretion. During a period of Downtime, some or all of the functionality of SJOGF.ORG may not be available. As examples only, it may not be possible, from time to time, to:
buy raffle tickets;
withdraw Refundable Funds; or
check a Player’s transaction history.
SJOGF will use reasonable efforts to notify Players in advance of planned Downtime by posting notices at SJOGF.ORG or through other appropriate means as determined by SJOGF in its discretion. However, it may not be possible to notify Players in advance of Downtime, including in circumstances beyond SJOGF’s control (for example, a power failure) or if the Downtime is determined to be necessary to address a potential or actual security threat or breach. Notwithstanding anything to the contrary contained in this Agreement, a Player shall not be entitled to any compensation arising from or as a result of any Downtime including, for example, if a Player is unable make a wager, or withdraw Refundable Funds through SJOGF.ORG or if Bonus Funds expire during the period of any Downtime.
Breach of this Agreement by a Player
Not a Material Breach
If a Player fails to comply with any term or condition of this Agreement or otherwise breaches this Agreement, except in the case of a material breach of this Agreement (actual or deemed), SJOGF will use reasonable efforts to notify the Player of the breach and, if such breach is of a nature that can be remedied, provide a reasonable period of time (as solely determined by SJOGF) during which the Player may remedy the breach. If the breach is not remedied to the satisfaction of SJOGF, then the breach shall be deemed to be a material breach of this Agreement.
Material Breach
If a Player fails to comply with any term or condition of this Agreement and such breach is or is deemed by SJOGF to be a material breach for purposes of this Agreement, then in addition to the other rights and remedies of SJOGF specified in this Agreement, SJOGF may exercise any or all of the following remedies as SJOGF, in its sole discretion, determines to be appropriate in the circumstances, in each case without the requirement for prior notification to the Player or the Player or any remedial period:
lock the Player Account until such time as the breach is remedied to SJOGF’s satisfaction.
request that the Player contact Player Support to explain the circumstances of the breach, or to provide such information and documentation relating thereto as SJOGF may request.
deactivate the Player Account and exclude the Player from wagering and playing Raffles on SJOGF.ORG;
notify any third parties which SJOGF.ORG, in its sole discretion, determines to be appropriate in the circumstances, including law enforcement authorities and other third parties (for example, police services, the DUBLIN METROPOLITAN DISTRICT Court, SJOGF’s payment processors, and games provider); or
retain any or all of a Player’s Refundable Funds to the extent necessary to compensate SJOGF for its actual and/or potential losses and liabilities resulting from such breach.
Disputes
Except as otherwise provided in the Raffle Game Rules, no claim or dispute by a Player with regard to any purchase of a Raffle ticket, including the outcome of such Raffle will be considered by SJOGF more than [90 Days] following the date on which the Raffle is completed.
SJOGF’s records, as maintained in the SJOGF I-Raffle System will be the final authority in determining the circumstances of a Player’s participation in the relevant Raffle and the results of such participation. In the event of a disagreement between the result that appears on a Player’s screen and the relevant Raffle servers, the result that appears in the Raffle servers will prevail.
A Player or a Player who wishes to make a complaint about SJOGF or any aspect of SJOGF.ORG may do so by contacting Player Support.
Limitations of Liability
SJOGF’s Liability
Except as otherwise provided in the applicable Game Rules , SJOGF’s maximum liability to a Player under this Agreement or otherwise in respect of the accessing or use of SJOGF.ORG shall not exceed:
the value of the purchases placed by a Player via his or her Player Account in respect of the relevant raffle tickets that gave rise to the relevant liability;
the amount of applicable monies, where such monies have been improperly directed by SJOGF or misplaced by SJOGF; or
an aggregate of USD$100 in respect of all other liabilities, including for liabilities resulting from or as a result of any negligent act or omission of or by SJOGF or any of SJOGF’s service providers, or anyone acting on behalf of SJOGF or any of SJOGF’s service providers.
Exclusions from SJOGF’s Liability
Notwithstanding anything to the contrary contained in this Agreement, a Player shall not have the right to claim damages under or in connection with SJOGF or this Agreement or for breach of this Agreement by SJOGF, in tort, in contract or on any basis whatsoever to the extent that any loss claimed by the Player is:
for punitive, exemplary or aggravated damages;
for loss of profits, loss of use, loss of production, loss of business or loss of business opportunity, including (but not limited to) loss of data, profits, revenue, goodwill, reputation or business interruption;
a claim for consequential loss or for indirect loss of any nature suffered or allegedly suffered by the Player; or
not reasonably foreseeable by SJOGF arising out of this Agreement or the use of SJOGF.ORG.
SJOGF.ORG will be operated with reasonable skill and care substantially as described in this Agreement.
SJOGF does not make any other promise, representation or warranty regarding SJOGF.ORG Raffles or other products or services that are made available on or through SJOGF.ORG, and except as specifically included in this Agreement, SJOGF hereby disclaims all warranties regarding the foregoing, whether express, implied or statutory, including all implied warranties in respect of the same.
Players and Players acknowledge and agree that, by accepting the terms and conditions of this Agreement, they do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding of any person, other than those of SJOGF which are included in (or expressly incorporated by reference into) this Agreement.
Contacts
Contacting SJOGF
A Player or Player may contact SJOGF’s Player Support at any time as follows:
by e-mail, player support info@SJOGF.ORG. SJOGF will endeavour to respond to e-mails within three (3) Business Days. If the e-mail address from which SJOGF receives a message does not correspond to the e-mail address that is included in the Player Contact Information that is associated with your Player Account, SJOGF will not provide any information relating to your Player Account when responding to your e-mail. In such circumstances, you may be requested or required to contact SJOGF by using real-time chat or by telephone.
Contacting a Player
SJOGF, or anyone acting on behalf of SJOGF, shall be entitled to contact a Player with respect to any matter contemplated in this Agreement by using any of the Player Contact Details. SJOGF’s other communications with a Player will be subject to the terms and conditions of the Cookie Policy and the Privacy Policy.
General Provisions
For purposes of this Agreement, unless otherwise stated:
“day” means a day of the week commencing at 12:00:00 AM and ending at 11:59:59 PM;
“week” means the seven-day period commencing on Monday at 12:00:00 AM and ending on Sunday at 11:59:59 P.M.;
“month” means a calendar month;
all times are expressed in Greenwich Standard Time;
all monetary amounts are references to lawful currency of United States of America (i.e., US dollars); and
“including” is deemed to mean “including without limitation” and shall not be deemed limited by the specific enumeration of items;
This Agreement shall be governed by and construed in accordance with the laws Ireland its laws therein.
Each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. If any provision of this Agreement is declared invalid, unenforceable or illegal by a court of competent jurisdiction, such provision may be severed and such invalidity, unenforceability or illegality shall not prejudice or affect the validity, enforceability and legality of the remaining provisions of this Agreement.
Terms & Conditions | version 1.5 | Sep 30, 2023