1. Introduction
1.1. The terms contained in this document (“Standard Promotional Terms”) apply to all promotional offers and events available through the Company’s Website gapflix.com or other websites owned by the Company (“Company’s websites”) from time to time (each a “Promotion”) and stipulate the procedure for conducting Promotions and the procedure for the participation in the Promotions.
For some Promotions, specific terms may apply, which may be published on the Company's websites (including the individual web landing page for the relevant Promotion) (“Specific Promotional Terms”).
In the event of any conflict or inconsistency between these Standard Promotional Terms, any applicable Specific Promotional Terms, the Specific Promotional Terms shall prevail, followed by these Standard Promotional Terms, but only to the extent necessary to resolve such conflict or inconsistency.
These Standard Promotional Terms is a part of our Service Agreement and is incorporated therein by references. By participating in any Promotion, you are indicating you accept and agree to be bound by these Standard Promotional Terms. If you do not agree to these Standard Promotion Terms, your only option is to opt-out of the Promotion.
1.2. You should check these Standard Promotional Terms and any applicable Specific Promotional Terms before participating in any Promotion.
1.3. In this document:
“Promotion” means any promotion, including, but not limited to bonus offers, tournaments, referral programs, any other form of Promotion, or a combination of any of these.
“Participant” (“you”) means any person who is eligible to participate in a Promotion and has taken active actions that clearly indicate his intention to participate in a Promotion (conclusive actions). For the purposes of this document, the term Client in the Service Agreement shall be read to include the term Participant.
“Reward” means any benefit/prize, which may be received by the Participant because of participation in the Promotion, including, but not limited to:
a) Promo code. A promo code is a specially created unique alphanumeric code that gives its owner the right to receive a bonus amount of funds when depositing the funds to the account, or the right to receive other benefits.
b) The right to a free item. The right to a free item is the right to purchase a product or service at the Company’s marketplace free of charge.
c) The right to a risk-free transaction. The right to a risk-free transaction is the right to make a transaction on the Company's Trading Platform without deducting the investment amount from the account balance in case the transaction is unprofitable.
d) Other material or an immaterial benefit at the Company’s sole discretion.
e) A combination of any of these.
2. Promotions and Promotion Periods
2.1. We may, from time to time, run Promotions. The form of Promotion will be described, and full details set out, in the Company’s informational materials accessible through the Company’s websites and/or in the communications (such as emails, computer pop-ups, and letters) we issue to tell you about each Promotion and/or on the individual web landing page for the relevant Promotion.
2.2. The period 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 possible. Where no Promotion Period is specified, the relevant Promotion will end when it is discontinued on the Company’s websites.
2.3. The Company may engage third parties for the purposes of dissemination of informational and advertising materials about the Promotions, conducting of the drawings, determination of the winners, awarding, and performing of the other functions within the framework of the Promotions’ organization and conduct.
2.4. Tournaments. For the purposes of this clause “Tournament” is a type of Promotion that is a competition between traders.
Conditions of participation in the Tournaments, including the prize fund, its formation procedure, and its allocation among the Tournament’s participants are determined by the Company on a unilateral basis in the respective informational materials on the Company’s websites. The Company at any time has the right to change the terms and conditions of the Tournament’s participation and conduct, to cancel the Tournament or its results without assigning any reason or giving a reason by notifying the Client via placing the corresponding information on the Company’s websites. The Client is deemed to be duly notified about the relevant changes upon the publication of the relevant information on the Company’s websites.
The Company may not award a prize or forward a prize of one Tournament’s participant to another Tournament’s participant or seek the return of any prize awarded in case it is impossible to contact the winner via the provided contact details or in case the Company has cause to disqualify the winner in accordance with the clause 5.1. of these Standard Promotional Terms.
The Company may publish and disseminate information regarding the current state and status of the Tournament including the Participants’ data, in any sources and, inter alia, on the Company’s websites. Taking part in the Tournament, the Participant gives the consent to the processing of the personal data by the Company for the purposes of publication and dissemination of information regarding results of the Tournaments including interim results, and for the purposes of informing the Participant as set forth herein.
In case of receipt of the respective request from the Participant who is entitled to acquire remuneration in accordance with the terms and conditions of the Tournament, the Company may at its sole discretion supersede remuneration in kind by remuneration in monetary form. The amount of the monetary equivalent and the currency of the payment are determined by the Company on a unilateral basis.
After the Tournament is over, the Company may within the time limit and in accordance with the terms and conditions specified in the relevant informational materials allocate the prize fund.
3. Eligibility to Participate in Promotions
3.1. To be eligible to participate in any Promotion, you must:
a) have an account with the Company, and
b) be legally entitled to use the Company’s Services in accordance with the Service Agreement, and
c) satisfy any other eligibility criteria set out in the relevant sections of these Standard Promotional Terms in respect of certain general categories of Promotion and in the applicable Specific Promotional Terms.
3.2. To be eligible to participate in any Promotion which is stated to be intended for new clients or which is described as a “new client” or “sign up” offer (or similar), you must not previously have opened an account with the Company. Such Promotions may not be used in conjunction with any other Promotion.
3.3. The Company reserves the right at any time to request the Participant to go through the account verification process if the Participant has not passed the account verification.
4. Rewards
4.1. Participant who is entitled to receive a Reward as the result of any Promotion must accept the relevant Reward “as is”. As a rule, there is no right to a cash alternative unless we, in our sole discretion, elect to offer such a cash alternative (which may be less than the full value of the Reward).
4.2. The Company reserves the right, at any time, to substitute any Reward with one or more Rewards of substantially equivalent value.
4.3. Any entitlement to receive a Reward is non-transferable.
4.4. The Participant is solely responsible for the payment of any applicable tax in relation to the relevant Reward and for any costs associated with the Reward or its use, including without limitation the cost of complying with any requirements of applicable local law. Examples of such associated costs include, but are not limited to, if the Reward consists of a motor vehicle, in relation to vehicle registration, motor insurance, and driving license or, if the Reward consists of foreign travel, in relation to passport, visa and travel insurance requirements and etc.
4.5. The Participant is fully apprised and gives the consent to the fact that under no circumstances is the Company considered as the revenue agent of the Participants and calculates or withholds taxable incomes of the Participants acquired because of participation in a Promotion.
4.6. The Participant is solely responsible for all use made of the Reward. Except as expressly provided in these Standard Promotional Terms, 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 Reward, 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.
4.7. Promo Codes
A promo code is redeemed by entering and applying its code at the appropriate point (e.g., when depositing funds to the account).
Unless expressly stated at the time of issue, each promo code will be valid for use by the recipient of the promo code and by such recipient only once and may not be used in conjunction with any other Promotion.
Without prejudice to clause 4.1 of these Standard Promotional Terms, the Participant may have the right to either use the additionally deposited amount via promo code in trading or withdraw it from the account balance.
A promo code will expire on the date specified in the specific terms relating to the promo code, or before subject to availability of which we will notify you. You cannot use the promo code after this date.
The Company reserves the right to withdraw or cancel a promo code for any reason at any time.
5. Rewards Cancellation and Disqualification from Promotions
5.1. The Company may cancel any Reward and/or disqualify the Participant of the Promotion without any substitution in the following cases:
a) If the Participant is not eligible to take part in the Promotion according to the criteria set out in clause 3.1. of these Standard Promotional Terms and/or any applicable Specific Promotional Terms.
b) If the Participant refuses to pass the account verification process according to clause 3.3. of these Standard Promotional Terms, or the account verification process is failed.
c) If the Company finds out that the Participant cheats or tampers or attempts to tamper with the entry process for or the operation of any Promotion.
d) If the Participant is in breach of the Service Agreement or their conduct is contrary to the spirit of the Promotion.
e) If the Participant’s conduct, in the Company’s opinion, may bring the Company into disrepute.
f) In any other case at the Company’s sole discretion.
5.2. The Company may disqualify the Participants without assigning any reason or at its sole discretion giving a reason.
5.3. If case of disqualification the Company has the right to seek the return of any Reward, including from the Participant’s account.
6. Miscellaneous
6.1. Any situation not described in these rules shall be subject to the Company's decision.
6.2. Taking part in the Promotion, the Participant agrees that:
a) The Company may use the contact details and information provided by the Participant for the purposes of informing the Participant about participation and termination of their participation in the event, about the status of their participation in the event, and for the purposes of informing the Client about the events held by the Company and sending advertising, informational and marketing materials to the Participant.
b) The Company may use your image, video and audio materials with your participation for the purpose of informing an indefinite circle of persons about the fact of the Promotion and the Rewards presented.
c) The Сompany does not bear any responsibility for your life, health and property (in the case of an offline Promotion).
6.3. Where, in relation to any Rewards, we make use of any third-party name or trademark, these are proprietary to the relevant third party. No license, 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 Reward. Any photograph used to promote a Reward is for illustrative purposes only and the actual Reward may differ from the item shown in the photograph, including without limitation as to make, model, specification, color, finish, packaging, and other features.