Terms
TERMS OF USE AGREEMENT
Victory Lane Players Club, LLC (the “Company”) provides an online club subscription service (the
“Service”) to any person (“you” or “your”) who completes the registration process to become a Subscriber
of the Service on the terms set forth herein. This Terms of Use Agreement (this “Agreement”) sets forth
the legally binding terms for your use of the Service. The Company may modify this Agreement from time to
time without notice to you and any modification shall be effective upon the posting by the Company on the
Site. You agree to be bound to any changes to this Agreement when you use the Service after any such
modification is posted. It is therefore important that you review this Agreement regularly to ensure you
are updated as to any changes
By CHECKING THE "YES, I AGREE TO THE TERMS AND CONDITIONS AND OFFICIAL RULES GOVERNING THIS WEBSITE AND
ITS PROMOTIONS" BOX AND SUBMITTING YOUR REGISTRATION FORM OR ACCESSING, USING OR INSTALLING ANY PART OF
THE SERVICE, YOU EXPRESS YOUR CONSENT TO, AGREEMENT WITH, AND UNDERSTANDING OF, THE TERMS OF THIS
AGREEMENT. If you do not agree to all of the terms of this agreement, you WILL NOT BE ABLE TO REGISTER
FOR, OR OTHERWISE ACCESS AND USE, the Service.
1
Definitions. The following terms shall have the following meanings in this Agreement:
“Subscriber” or “Subscribers” means, collectively, the Free Play Participants known as "Rookies" and the
Club Members known as "Full Access" Pass Members.
“Privacy Policy” means the document setting forth the policies of the Company regarding the collection,
retention, and use of the personal information of any user of the Site, a copy of which is located at
http://poker.vlpclub.net/Privacy.thtml.
“Registration Information” means, with respect to any Subscribers of the Service, such Participant ’s (a)
first and last name, (b) complete mailing address (e.g., street, city, state, ZIP code), (c) e-mail
address, (d) date of birth, (e) Screen Name (as defined below) and (f) with respect to each "Full Access"
Club Member, valid credit card information (e.g., credit card number, expiration date, cardholder name
and, if applicable, 3-digit security code).
“Site” shall mean any Web site maintained by the Company to provide the Service.
2
Player Eligibility (a) NO PURCHASE IS NECESSARY TO PARTICIPATE IN POINTS, QUALIFYING, MERCHANDISE AND
LEADER BOARD TOURNAMENTS. USE OF THE SERVICE IS SUBJECT TO LOCAL LAWS AND IS VOID WHERE PROHIBITED OR
RESTRICTED.
(b) You are subject to the laws of the country, state, city or other governmental entity (collectively
“Jurisdiction”) in which you reside and/or from which you access the Service. Access to the Service may
not be legal for some or all residents of, or persons present in, certain Jurisdictions. It is your
responsibility to determine the law that applies in your applicable Jurisdiction, and the Company makes
no representation or warranty, express or implied, as to the lawfulness of your participation in the
Service, or that materials on the Site are appropriate for use in your Jurisdiction. The Company does not
intend that the Service be used by persons present in Jurisdictions in which participating in the Service
may be prohibited or restricted. By accessing the Site and/or using the Service, you represent and
warrant that: (i) you are at least eighteen (18) years of age, or the legal age required to participate
in the Service in any Jurisdiction to which you are subject, whichever is higher; (ii) your access to the
Site, your participation in the Service, and the Company’s offering and operating the Service do not
violate any applicable law, rule or regulation of any Jurisdiction to which you are subject; (iii) the
Company shall not have any responsibility under any laws, rules or regulations of any Jurisdiction to
which you are subject; (iv) the e-mail address submitted by you is owned or controlled by you; (v) you
are not a resident of any of the states identified in Section 2(c) and (vi) all Registration Information
you provide is true, accurate, current and complete.
(c) If you are a resident of or are otherwise located in one of the following states, your use of the
site is prohibited including the ability to play and win prizes offered in connection with, the Service:
Florida, Illinois, Iowa, Nevada, Rhode Island and District of Columbia. The same restrictions apply to
any countries outside of the United States of America and to US territories, overseas, excluding US
military bases. Prizes will not be delivered to any jurisdiction in which participation is prohibited
under this agreement.
(d) You must be 18 years of age to participate in the Service and you agree to provide proof of your age
upon any request from the Company.
3
Method of Entry; Registration
(a) Establishing a Service Account. To register on the Site and become a Subscriber of the Service, you
must complete one of the two alternative methods of entry described below and affirmatively accept the
terms of this Agreement and the Privacy Policy. Upon completion of either method of entry described
below, (i) you will create a unique ID when you register using your email address and chosen "Screen
Name" and password to enable you to access and manage your Service account, (ii) the Company will deliver
an e-mail to your e-mail address supplied as part of your Registration Information and you will be
required to click the “activate your account” link included in such e-mail to activate your Service
account, and (iii) you will be granted an initial 30 day subscription for the Service (the “Initial
Period”).
(i) Free Play Participants. You may become a “Free Play Participant” of the Service by completing all of
the Registration Information (other than credit card information) required during the registration
process. As a Free Play Participant, during the Initial Period and each Renewal Period (defined below),
you will be entitled to participate in all of the tournaments provided by the Service that award prizes.
In order to receive a thirty (30) day extension of the Initial Period (each, a “Renewal Period”), when
you log into the Service after the expiration of your then-current Initial Period or Renewal Period you
must complete the “Reactivation Process” when prompted.
(ii) "Full Access" Club Membership. You may become a “Full Access Club Member” of the Service by
completing all of the Registration Information required during the membership registration process,
including supplying valid credit card information for purposes of charging a monthly recurring
subscription fee (the “Subscription Fee”). As a "Full Access" Club Member, you will be entitled to (i)
participate in all of the games and/or tournaments provided by the Service (subject to payment of the
Subscription Fee) and (ii) receive the Subscription Benefits (defined below). Unless you cancel your
subscription in accordance with Section 6 of this Agreement, upon expiration of the Initial Period and at
the beginning of each Billing Cycle (Section 5) thereafter, the Company shall automatically charge your
applicable Subscription Fee to your designated credit card (as more fully described in Section 5).
1. In addition to the rights and benefits granted to a Free Play Participant, as a "Full Access" Club
Member you shall be entitled to additional benefits (collectively, the “Subscription Benefits”),
including without limitation:
a. Receipt of a “Full Access Club Members-only” package of specially branded VLP CLUB apparel and gear (a
$49.95 value). Note: each Full Access Club Member is only entitled to one VLP Club packet;
b. Pre-notification of celebrity drivers’ appearance and/or participation on the Site;
c. Access to “Full Access Club Members-only” chat rooms with celebrity drivers, pit crews and other
celebrity fans;
d. Ability to select your own personal avatar from the Site library;
e. E-mail customer service;
f. Receipt of exclusive “Full Access Club Members-only” newsletters via e-mail; and
g. Entry into Full Access Club Member only tournaments, which will not require any points to enter and
will not award any prizes.
Please view a copy of the current Subscription Benefits on the Site for a comprehensive list of all Full
Access Club Member Benefits http://www.vlpclub.net/display/join2.html
2. FULL ACCESS CLUB MEMBER FEES SHALL BE CHARGED IN ADVANCE OF EACH BILLING CYCLE AND ARE NOT REFUNDABLE
IN WHOLE OR IN PART FOR ANY REASON.
3. In order to register as a Full Access Club Member, you must supply the Company with a valid credit
card for purposes of charging the recurring Subscription Fee.
4. By signing up as a Full Access Club Member, you agree that the Company may, on the date of your
registration to become a Subscriber of the Service, obtain a pre-authorization of up to $20 on the credit
card you have provided for purposes of charging the recurring Subscription Fee. You acknowledge that some
financial institutions may perceive the pre-authorization as actual pending charges and that the Company
is not responsible for any fees (such as an overdraft fee), that you may incur as a result of the
pre-authorization.
b. Representations, Warranties and Covenants Regarding Use of the Service. Each time you use the Service,
you represent and warrant to the Company that: (i) you are at least eighteen (18) years of age, or the
legal age required to participate in the Service in any Jurisdiction to which you are subject, whichever
is higher; (ii) your access to the Site, your participation in the Service, and the Company’s offering
and operating the Service do not violate any applicable law, rule or regulation of any Jurisdiction to
which you are subject; (iii) the e-mail address submitted by you is owned or controlled by you; and (iv)
all Registration Information you have provided is true, accurate, current and complete. All such
representations and warranties are relied upon by the Company. By becoming a Subscriber of the Service,
you authorize the Company to make any and all inquiries as the Company in its sole discretion considers
necessary to verify the information provided by you. The Company may require you to submit proof of age,
identity and place of residence as it may require, at any time. The Company reserves the right to suspend
and/or terminate your registration and/or account where it has grounds to suspect that any of your
Registration Information is untrue, inaccurate, not current or incomplete. You maintain the
responsibility to promptly update your Registration Information to keep it true, accurate and complete.
c. No Employees. No employee of the Company or of any of its parent companies, subsidiaries or
affiliates, licensees, advertising, promotional or other agencies, software suppliers and/or developers
is permitted to win any prizes offered by the Service. Any such person found to have violated this
provision shall not be entitled to collect any such prizes.
d. Tournament Prizes and Qualification. The odds of winning any prize or qualifying through any
tournament offered on the Service will be the same for any Free Play Participant as for any Full Access
Club Member, and all Free Play Participants will be accorded equal opportunities to participate in and
win all of the tournaments provided by the Service that award prizes. There will be additional
tournaments solely for Full Access Club Members, but those tournaments will not require any points to
enter and will not award any prizes.
e. Account Changes. If any of your Registration Information changes (including, without limitation, your
credit card information provided for charging the Subscription Fee) you must immediately (i) update your
account details via the software client by clicking on the "Account" Button.
f. One Account Only. You may only register one account for yourself. You hereby acknowledge and agree
that you shall not register more than one account for yourself. If the Company determines, in its sole
and absolute discretion, that you have registered more than one account, then (i) you shall automatically
forfeit any prizes you have won prior to such determination, (ii) you shall be ineligible to receive any
future prizes, and (iii) the Company shall have the absolute right to terminate your subscription to use
the Service.
g. Internet Access. INTERNET CONNECTIVITY ON EITHER THE COMPANY’S END OR THE PLAYERS' END MAY CAUSE
MOMENTARY AND/OR EXTENDED INTERRUPTIONS BETWEEN THE POKER SERVER AND THE POKER CLIENT AT ANYTIME WITHOUT
PRIOR NOTICE. THE COMPANY WILL STRIVE TO LIMIT SUCH INTERRUPTIONS DURING TOURNAMENTS, BUT THE COMPANY
DOES NOT ASSUME RESPONSIBILITY FOR ANY SUCH PROBLEMS. THE COMPANY AND SITE PROVIDER DO NOT PROVIDE A
“DISCONNECT PROTECTION POLICY”. IN THE EVENT OF A PLAYER (POKER CLIENT) DISCONNECTION, THE DECISION TIMER
WILL CONTINUE TO COUNT DOWN UNTIL THE PLAYER RESUMES HIS CONNECTION AND MAKES A “POKER ACTION” OR THE
DECISION TIMER TIMES OUT (WHICH EVER COMES FIRST). IF THE DECISION TIMER TIMES OUT, THE PLAYER’S HAND
WILL BE FOLDED AND THE PLAYER WILL BE PLACED INTO “POST AND FOLD” MODE UNTIL THE PLAYER IS ABLE TO
RECONNECT TO THE POKER TABLE AND CLICK THE “I’M BACK” BUTTON TO RESUME INTERACTION WITH THE GAME, OR
UNTIL THE PLAYER IS BLINDED OFF THE TABLE, OR (IN SOME CASES) ELIMINATED FROM THE TOURNAMENT DUE TO THE
MAXIMUM NUMBER OF CONSECUTIVE INACTIVE HANDS RULE (WHICH EVER COMES FIRST).
h. Termination Right. To the extent you violate or breach any of the terms and conditions set forth
herein or in the Rules, including without limitation, the eligibility and one account restrictions, the
Company shall have the right to terminate your access to the Services immediately, and you will
automatically forfeit any prizes and points earned through such time. This remedy on behalf of the
Company shall not be exclusive and, in such event, the Company, shall remain entitled to any other
remedies available to it at law or in equity.
i. Acknowledgement and Waiver. Although the Company will attempt to ensure fairness in the administration
and operation of the Services and the Site you acknowledge and agree that activity conducted over the
Internet is inherently subject to uncertainties and susceptible to interference and unintended or
unwanted complications. You hereby waive any claims or causes of actions arising from cheating or other
disturbances occurring on the Site, or any unfair or improper administration of the Services by the
Company.
4
Description of Play; Rules for Tournament Play
(a) Tournaments. As a Subscriber of the Service you shall be entitled to participate in any of the
following four (4) tournaments offered by the Service:
(i) Points Tournaments. Points Tournaments shall be offered 24-hours per day, 7-days per week as soon as
the required number of players are seated for play. Entry into a Points Tournament requires an entry of a
specified, limited number of points from your account. If you successfully win Point Tournaments, you
shall receive additional points for your account. The additional points earned through participating in
Points Tournaments can be used to enter Qualifying Tournaments, Merchandise Tournaments and Leader Board
Tournaments.
(ii) Qualifying Tournaments. Qualifying Tournaments shall be offered at specified times during each week,
as set forth on the tournament details on the Site. Entry into a Qualifying Tournament requires an entry
of a specified, limited number of points from your account. If you are successful in Qualifying
Tournaments, you shall win entry into Merchandise and Leader Board Tournaments, as well as other prizes.
(iii) Merchandise Tournaments. Merchandise Tournaments shall be offered at specified times during each
week, as set forth on the tournament details on the Site. Entry into a Merchandise Tournament requires an
entry of a specified number of points from your account. If you are successful in Merchandise
Tournaments, you shall win merchandise, including but not limited to driver related autographed clothing,
hero cards, helmets, poker chip sets, banners, flags, and other paraphernalia.
(iv) Leader Board Tournaments. Leader Board Tournaments shall be offered at specified, limited times
during each week, as set forth on the tournament details on the Site. Entry into a Leader Board
Tournament is awarded to Subscribers that have accrued the requisite number of points during a given
period (and / or by winning an entry invitation via a previous qualifying tournament). If you are
successful in Leader Board Tournaments, you shall receive premiere prizes, including but not limited to
race tickets with VIP hospitality access, access to participate in tournaments provided by the Service
involving celebrity drivers and other similar prizes.
(b) Regulations and Restrictions for Tournament Play. Each tournament shall be conducted pursuant to the
terms of this agreement, regulations and restrictions established for the Service. By assenting to the
terms and conditions set forth in this Agreement, accessing the Site and participating in the Service,
you evidence your agreement with, and understanding of this Agreement and the Official Rules at the
following link:. http://poker.vlpclub.net/Rules.thtml
(c) Prizes and Disbursement.
(i) Prizes are paid on a per-tournament basis. It is your responsibility to check the prize matrix and
become familiar with it prior to entering each tournament offered by the Service. Each tournament has a
registration period and you may withdraw from any tournament for any reason up to five (5) minutes prior
to the start of such tournament (the “Withdrawal Deadline”). All points that you are required to ante in
connection with a tournament will be credited back to your account so long as you withdraw from a
tournament prior to the Withdrawal Deadline. The odds of winning any prizes for a tournament will be
dependent on the number of entries for such tournament. If you win any prizes in connection with the
Service, then you are solely responsible for and required to make all arrangements for the payment of any
taxes due from you in your applicable Jurisdiction. Any prizes won in connection with the Service are
personal to you and are not transferable to any other person.
(ii)Prior to the disbursement of any prizes, the Company reserves the right to undertake any and all
inquiries and to require you to provide such information or documentation as it deems necessary to verify
your identity and the authenticity of the request for such prizes. If you fail to cooperate with such
inquiries and/or to provide such information or documentation, the Company reserves the right to void any
prizes in your account. Disbursement shall occur only after the Company verifies all information to its
satisfaction, and you sign and agree to a publicity release to enable the Company to use your image,
voice, likeness and persona to advertise the tournaments offered by the Service.
(d) Modifications to Rules of Tournament Play. The Company may modify the Official Rules from time to
time without notice to you and any modification shall be effective upon the posting by the Company on the
Site at http://poker.vlpclub.net/Rules.thtml. You agree to be bound to any changes to the Official Rules
when you use the Service after any such modification is posted. It is therefore important that you review
the Official Rules regularly to ensure you are updated as to any changes.
(e) General Rules for Tournament Play:
(i) All scheduled tournaments will begin at the published start time. The start time can be found in the
tournament lobby list in any given poker room and in the tournament details section once you click on a
tournament in the tournament list. The tournament start time identifies the time when cards begin to be
dealt to tournament tables.
(ii) Players may register for a tournament up until the published tournament start time or until the
maximum player capacity for the tournament is reached.
(iii) Players may un-register from a tournament up until the tournament check-in period begins.
(iv) Prior to the published start time, the tournament check-in period will begin. Check-in periods
usually occur, but are not limited to occurring, 5 minutes and/or 10 minutes before the published
tournament start time. A tournament registration list player may not withdraw a tournament registration
after the check-in period begins. New arriving players may continue to register for a tournament after
the check-in period has begun and up until the tournament’s published start time or until the maximum
player capacity of the tournament is reached.
(v) The only exception to the above rules (i, ii, iii, iv) are Sit N Go Tournaments (SNG Tournaments).
Sit N Go Tournaments are usually single table tournaments. A Sit N Go tournament will begin as soon as
the maximum number of players at the table is reached. The maximum number of players for a tournament is
displayed in the tournament list. A player may register for a Sit N Go Tournament at any time and thus
immediately take a seat at the table while waiting for the game to begin. A player may unregister for a
tournament up until the time that the maximum number of players has been reached. Once the maximum number
of players has been reached the tournament will immediately begin.
(vi) Each player will be assigned a seat and he/she may not change his/her assigned seat.
(vii) Registered players that are not present during a tournament will post the necessary blinds until
they are “blinded off” (i.e. - have no more tournament chips) or until a maximum consecutive number of
absent inactive hands is reached in which the player (and his chips) may be removed from the tournament
due to this inactivity. Note this additional rule is usually only applied to, but is not limited to, “points only” prize tournaments.
(viii) Tournaments blinds will start in the small blind, big blind format (SB/BB) where one player must
ante the small blind and the next player must ante the big blind before a round of cards is dealt. Blinds
are defined in tournament chip dollars and do not equate to real money. For example, a tournament
starting with blinds of 5/10 would have a 5 dollar small blind and a 10 dollar big blind. Most
tournaments will begin at the 10/20 blind level and continue to increase every ten hands (in Single Table
Tournaments) and every 10 minutes (in Multi Table Tournaments) until the maximum blind level is reached
or until the tournament has determined all of the necessary winners. The timing of the blinds may be
changed without notice and will be posted here.
(ix) The increasing tournament blind structure is as follows: 5/10, 10/20, 15/30, 20/40, 30/60, 50/100,
75/150, 100/200, 150/300, 200/400, 300/600, 400/800, 600/1200 (Single Table Tournaments Stop at
600/1200), 800/1600, 1000/2000, 1500/3000, 2000/4000, 3000/6000, 4000/8000, 6000/12000, 8000/16000,
10000/20000, 15000/30000, 20000/40000, 30000/60000, 40000/80000, 60000/120000, 80000/160000,
100000/200000, 150000/300000. The blind levels may be changed without notice and will be posted here.
(x) At the beginning of each tournament a single card is dealt to each player at the table. This is done
to determine the position of the dealer button at the start of the tournament. This is called “High
Carding” as the player with the highest card wins the dealer button position for the first hand. Ace is
the highest card. Two is the lowest card. During the high card process, if there is a tie, cards of the
same value are sorted from highest to lowest by the following suit ranking (spades, hearts, diamonds and
then clubs).
(xi) Once a tournament begins, the dealer button moves in a clockwise manner in an attempt to never have
the same player receive the dealer button twice in a row. In general, each player will post a small blind
and a big blind every round. However this is not always 100% possible as players are eliminated from
tables and as Multi-table tournaments collapse higher tables and redistribute players to lower tables
until a final table is reached. When eliminating and moving players, it is possible that any of the
following to occur:
(a) A player may be forced to post the big blind more than once per round
(b) A player may be positioned with the button for more than one hand
(c) A player may skip one or both blinds in a round
(d) When a player is moved to a new table, the software will always attempt to move a player to a vacant
seat at a new table that closest resembles the player’s position to the dealer button at his/her previous
table. Players are moved in order of their proximity to the dealer button.
(e) These table and seat shifts are necessary to the fairness of all players in the tournament and occur
on basically a random bases, thus providing no long term advantage to any single player, or group of
players, in the tournament.
(xii) To ensure fair play among all tables, tables in a multi-table tournament will be rebalanced as
players are eliminated. In general, the goal of rebalancing a table is to ensure that one table never has
more than a 3 player delta from any other given table in the tournament for more than one hand.
(xiii) Players moved to a new table will be dealt into the game as soon as possible. A new player joining
a table will not be dealt cards if they are moved into a seat between the BB and Dealer Button Position
at the new table. This player must wait until the dealer button passes them before they are dealt into a
new hand at this table.
(xiv) In Multi-table tournaments, players are ranked in the chronological order from when they lost all
of their tournament chips. If two players are eliminated during the same hand at the same table, the
player with the largest number of chips at the beginning of the hand will be designated as having
finished higher. Multi-table tournaments using this software do not employ a “hand for hand” mode.
(xv) When a tournament goes from three players to the final two players, the dealer button will post the
small blind and be first to act in the initial round. The big blind will act second in the initial round
of betting, but will then become the first to act in the following rounds of betting in that hand.
(xvi) A tournament finishes when all of the winners are declared. Please view the number of winners in
the tournament details section in the lobby. Most tournaments will finish when one player acquires all of
the tournament chips, however some tournaments, such as qualifier tournaments, may finish once enough
players have been eliminated to determine the necessary number of qualifying players that advance to the
next tournament.
(xvii) Tournament breaks may be inserted at any time in a tournament. Tournament breaks usually occur,
but are not limited to occurring, once every 55 minutes for a 5 minute break period.
(xviii) In limit tournaments (fixed betting), there will be one bet and three raises in each betting
round. In pot-limit and no-limit tournaments, there are no limits on the number of raises (xix) Any play deemed to be involved in collusion or any other unethical behavior by the Company, in its
sole discretion, including, but without limitation to, team play, soft play and/ or chip dumping, will
result in the player(s) being disqualified from the tournament. Additional discipline may involve the
immediate termination of the player(s) account(s) without refund of any previously paid subscription
fees. All decisions made by the Company are final.
(xx) Tournament players and observers are asked to chat in a friendly and proper manner following all
rules of established poker etiquette. At no time are players allowed to discuss or comment on live hands.
The Company, in its sole discretion, has the right to suspend the chat privileges, or completely suspend
the account, of any player deemed to be unethical, rude, profane and/or unwilling to follow the generally
accepted rules of poker etiquette.
(xxi) Players who do not act on their hand in time (aka a 'time out') will be automatically folded and
placed into a “post & fold” mode until they resume active participation by clicking the “I’m Back”
button. Though the decision timer may differ in length from tournament to tournament, most tournaments
will utilize a 15 second decision timer.
(xxii) Cancelled Tournaments:
(a) Minimum Player Threshold not met: If a tournament is cancelled due to the fact that the registration
list did not meet the minimum player thresholds, the tournament will be cancelled and all entry points
will be returned to each player on the registration list.
(b) Tournaments may at times be cancelled (due to technical difficulties, acts of god, or purposely by
the site administrator and/or the company). When this occurs, cancelled tournaments may be resolved, but
are not limited by, one of the three following player satisfaction solutions, at the sole discretion of
the Company:
(1) Points Satisfaction: This solution is usually reserved only for points only prize tournaments. In
this case, the existing prize pool (points) will be evenly distributed among the remaining players at the
time of the tournament‘s cancellation.
(2) Restart Satisfaction: This solution is usually reserved for when there is an external prize that
cannot be easily split among the remaining players. A tournament may be rolled back to the last completed
and recorded hand from each table in the tournament prior to the time the cancellation occurs. At this
point a restart tournament is automatically created and players will resume the tournament with their
existing chip stacks. Players may be reorganized randomly among the reaming tables. Restarted tournaments
usually attempt to resume within 20 minutes of the tournament’s cancellation or within 20 minutes of the
moment when one or more of the poker servers are once again operational. If a tournament has to be
rescheduled and you are unavailable, you will forfeit the point entry unless you cancel registration for
the tournament in advance.
(3) Winner Declaration (At The Time of Cancellation) Satisfaction: In extreme cases the Company may
decide to determine the winner by using the last reported rankings at the time of the tournament
cancellation. The Company, in its sole discretion, may award and distribute prizes in equal or greater
value (to the published prizes) to the remaining players in order of the player’s ranking at the time of the cancellation.
(xxiii) The Company and the site provider, in their sole discretion, reserve the right to cancel or
reschedule any tournament at any time, for any reason, with or without notice. In addition the Company
and the site provider reserve the right to amend our poker tournament rules and policies at any time
without notice. Such amendments will take effect as soon as they are listed in the 'Tournament Rules'
section of the website. It is the player's sole responsibility to review the tournament rules and
policies before entering a tournament.
(xxiv) The poker tournament rules and policies contained above represent the complete understanding
between the player and the site with respect to the player's activities at any tournament, except as
otherwise specified in any poker tournament rules pertaining to a particular tournament, as posted on the
website.
(xxv) It is advised that a player turn off all other applications and or computers that may compete for,
and/or consume, a shared network bandwidth when playing poker online at the Company’s site. This may
include, but is not limited to, connections to servers providing streaming music, streaming videos, file
downloads, and/or any other activity that may cause network disruption.
f. Additional Disclaimers.
THE COMPANY MAY ADMINISTER THE TOURNAMENTS IN ITS SOLE DISCRETION AND IS NOT RESPONSIBLE FOR ANY
TYPOGRAPHICAL, TECHNICAL, OR OTHER ERROR IN THE PRINTING, OR IN THE ANNOUNCEMENT OF PRIZES.
WINNERS OF TOURNAMENTS ARE REQUIRED TO COMPLY WITH ALL RULES OF THE TOURNAMENTS THAT THEY ENTER WITH THE
ENTRY PROVIDED. THE COMPANY RESERVES THE RIGHT TO SUBSTITUTE A PRIZE OF EQUAL OR GREATER VALUE. NO
SUBSTITUTION OR TRANSFER OF PRIZE BY WINNER PERMITTED. THE SERVICE MAY BE TAKEN DOWN PERIODICALLY,
WITHOUT WARNING FOR SITE MAINTENANCE. DURING THIS TIME YOU WILL BE UNABLE TO PARTICIPATE IN QUALIFYING
WEEK PLAY. RETURN OF ANY PRIZE/PRIZE NOTIFICATION AS UNDELIVERABLE WILL RESULT IN DISQUALIFICATION. PRIZE
WINNERS MAY BE REQUIRED TO SIGN AND RETURN AN AFFIDAVIT OF ELIGIBILITY/RELEASE OF LIABILITY/PRIZE
ACCEPTANCE FORM, AND IF LEGALLY PERMISSIBLE, PUBLICITY RELEASE, WITHIN 10 DAYS OF ATTEMPTED NOTIFICATION.
NONCOMPLIANCE WITHIN THIS TIME PERIOD MAY RESULT IN DISQUALIFICATION IN WHICH CASE AN ALTERNATE WOULD BE
SELECTED. ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS APPLY. ALL FEDERAL, STATE AND LOCAL TAXES ARE
THE SOLE RESPONSIBILITY OF WINNERS. THE COMPANY IS NOT RESPONSIBLE FOR INCOMPLETE, LOST, LATE, DAMAGED,
ILLEGIBLE OR MISDIRECTED MAIL/E-MAIL, OR FOR ANY TECHNICAL PROBLEMS, MALFUNCTIONS OF ANY TELEPHONE LINES,
COMPUTER SYSTEMS, SERVERS, PROVIDERS, HARDWARE/SOFTWARE, LOST OR UNAVAILABLE NETWORK CONNECTIONS OR
FAILED, INCOMPLETE, GARBLED OR DELAYED COMPUTER TRANSMISSION OR ANY COMBINATION THEREOF. THE COMPANY IS
NOT RESPONSIBLE FOR ANY DAMAGE TO ANY PARTICIPANT'S COMPUTER SYSTEM/SOFTWARE RELATED TO OR RESULTING FROM
PARTICIPATION OR DOWNLOADING ANY MATERIALS IN THESE TOURNAMENTS. THE COMPANY RESERVES THE RIGHT TO
PROHIBIT THE PARTICIPATION OF AN INDIVIDUAL IF FRAUD OR TAMPERING IS SUSPECTED, OR IF THE INDIVIDUAL
FAILS TO COMPLY WITH ANY REQUIREMENT OF PARTICIPATION AS STATED HEREIN OR WITH ANY PROVISION IN THESE
OFFICIAL RULES. THE COMPANY ALSO SUSPEND AND/OR BLOCK USERS PLAYING AND/OR CHAT PRIVILEGES FOR CONDUCT
DEEMED, AT THE COMPANY’S SOLE DISCRETION, DETRIMENTAL TO THE SITE.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE
OPERATION OF THE COMPANY IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, THE
COMPANY RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
THE COMPANY ASSUMES NO RESPONSIBILITY FOR UNDELIVERABLE E-MAILS RESULTING FROM ANY FORM OF ACTIVE OR
PASSIVE E-MAIL FILTERING BY A USER'S INTERNET SERVICE PROVIDER AND/OR E-MAIL CLIENT OR FOR INSUFFICIENT
SPACE IN USER'S EMAIL ACCOUNT TO RECEIVE E-MAIL. THE COMPANY RESERVES THE RIGHT TO MODIFY THE TOURNAMENTS
OR DISQUALIFY ENTRANT IF FRAUD, MISCONDUCT OR TECHNICAL FAILURES DESTROY THE SECURITY, FAIRNESS OR
INTEGRITY OF THE TOURNAMENTS AS DETERMINED BY THE COMPANY, IN ITS SOLE DISCRETION. THE COMPANY RESERVES
THE RIGHT TO PROVIDE ANY PLAYER WITH AUTOMATIC ENTRY INTO ANY TOURNAMENT REQUIRING QUALIFICATION, EVEN IF
PLAYER MAY NOT HAVE OTHERWISE QUALIFIED FOR SUCH TOURNAMENT. ANY USE OF ROBOTIC, AUTOMATIC, PROGRAMMED OR
THE LIKE METHODS OF PARTICIPATION WILL VOID ALL SUCH SUBMISSIONS BY SUCH METHODS. IN THE EVENT THE
COMPANY IS PREVENTED FROM CONTINUING WITH THE TOURNAMENTS OR THE INTEGRITY AND/OR FEASIBILITY OF THE
TOURNAMENTS IS SEVERELY UNDERMINED BY ANY EVENT BEYOND THE COMPANY’S CONTROL, INCLUDING BUT NOT LIMITED
TO FIRE, FLOOD, EPIDEMIC, EARTHQUAKE, EXPLOSION, LABOR DISPUTE OR STRIKE, ACT OF GOD OR PUBLIC ENEMY,
SATELLITE OR EQUIPMENT FAILURE, RIOT OR CIVIL DISTURBANCE, WAR (DECLARED OR UNDECLARED), TERRORIST THREAT
OR ACTIVITY, OR ANY FEDERAL, STATE OR LOCAL GOVERNMENT LAW, ORDER, OR REGULATION, ORDER OF ANY COURT OR
JURISDICTION, INFECTION BY COMPUTER VIRUS, UNAUTHORIZED INTERVENTION, TECHNICAL FAILURES OR OTHER CAUSE
NOT REASONABLY WITHIN THE COMPANY’S CONTROL (EACH A "FORCE MAJEURE" EVENT OR OCCURRENCE), THE COMPANY
SHALL HAVE THE RIGHT, IN ITS SOLE DISCRETION, TO ABBREVIATE, MODIFY, SUSPEND, CANCEL OR TERMINATE THE
TOURNAMENTS WITHOUT ANY FURTHER OBLIGATION. IF THE COMPANY, IN ITS DISCRETION, ELECTS TO ABBREVIATE THE
TOURNAMENTS AS A RESULT OF A FORCE MAJEURE EVENT, A NOTICE WILL BE POSTED ON-LINE;
5
Billing Cycles; Payment of Subscription Fees
(a) By completing the registration process in accordance with Section 3(a)(ii), you authorize the Company
to charge your applicable Subscription Fee to your designated credit card. The Subscription Fee is billed
in advance on a 30-day cycle (each a “Billing Cycle”), commencing on the day that the Initial Period
expires. Thereafter, if you do not cancel your subscription in accordance with Section 6 of this
Agreement, the Company will automatically (i) renew your subscription at the end of each Billing Cycle
and (ii) charge your recurring Subscription Fee to your designated credit card on the first day of each
Billing Cycle. If your use of the Service is subject to any use or sales tax, the Company may charge you
for any such use or sales tax.
(b) The Company reserves the right to alter the level and terms of Subscription Fees and the method of
billing; provided that any such alteration will be notified to you by e-mail to the e-mail address
included in your Registration Information at least thirty (30) days before it shall become effective. In
addition, you are responsible for reviewing the “Terms and Conditions” section of the Site to obtain
timely notice of any such changes. If you decide that any such change is unacceptable you may cancel your
subscription in accordance with Section 6(c). The Company will not refund all or any portion of any
Subscription Fee that has become due and payable prior to the effective date of your cancellation.
(c) As a Full Access Club Member, if you fail to maintain valid credit card information as part of your
Registration Information and, as a result, the Company is unable to successfully charge your recurring
Subscription Fee on the later to occur of (i) first day of any Billing Cycle or (ii) within seven (7)
days after receipt of a payment failure notice from the Company, the Company may automatically downgrade
your subscription level as if you elected to make such downgrade in accordance with Section 6(b).
6
Subscription Status.
(a) Account Upgrade. If you are a Free Play Participant you may upgrade your subscription in the Service
at any time (in order to become a Full Access Club Member) by accessing your account details (in the Edit
Membership Status Screen) and selecting a new subscription of a higher value. Upon such upgrade, you will
be billed immediately and become a Full Access Club Member and shall automatically be entitled to all of
the Subscription Benefits offered by the Service.
(b) Account Downgrade. If you are a Full Access Club Member you may downgrade your subscription level in
the Service at any time to become a Free Play Participant, by accessing your account details (in the Edit
Membership Status Screen) and selecting to switch to a Free Play Participant. As subscribers purchase a
full access club subscription in advance of consumption, your account will be updated and reflect the new
bill amount at the next billing cycle. Refunds will not be provided for cancellations occurring in the
middle of a subscription.
(c) Account Cancellation. You may cancel your subscription in the Service at any time by accessing your
account details (in the Edit Membership Status Screen) and selecting A Free Player level. Upon such
cancellation, you shall not be required to pay any future Subscription Fees; provided, however, that you
shall remain liable for any unpaid Subscription Fees. If you would like to completely terminate your free
account you must email customer service with the subject “Delete My Account” at which time your account
will be completely deleted from our database.
(d) Member Pack. Each subscriber is only entitled to one member pack even if subscriber resigns from and
subsequently rejoins the club.
7
Screen Name
(a) No Transfer. Your account is not transferable. Under no circumstances, shall you allow or permit any
other person or third party, including without limitation any person who is not eligible to participate
in the Service as set forth above, and in no event any person under the age of eighteen (18) years, to
use or re-use your Screen name.
(b) You Are Responsible. You agree to be solely responsible for all use of the Site and the Service
(including without limitation participation in tournaments) through the use of your Screen Name (except
for periods commencing two (2) business days after you have notified the Company as provided above) and
you agree to indemnify and hold harmless the Company, along with its parent company, affiliates,
managers, agents and directors, for any and all claims, losses, liability, damages and costs (including
attorneys’ fees and expenses) arising from such use.
8
Account Suspension. The Company reserves the right to refuse or cancel your registration and/or account
for any reason whatsoever at any time with or without notice to you. If your account is terminated or
suspended, the Company reserves the right to determine whether to declare as void any transactions placed
or prizes won by you.
9
Use of Service
(a) Compliance with Guidelines and Rules. When using the Service, you agree that you are subject to any
guidelines, policies or contest rules applicable to the Service, which may be posted from time to time on
the Site. All such guidelines, policies or contest rules are hereby incorporated by reference into this
Agreement. You fully accept that all computer instructions and responses sent over the Internet to and
from the Company and/or through use of software will be binding on you. Your commercial use of the
Service or any other online contests offered by the Company is strictly forbidden.
(b) Cheating. You acknowledge and agree that you shall not cheat, attempt to cheat, or otherwise
interrupt or attempt to interrupt the operations of the Service. If the Company believes in its sole
discretion that you have engaged, or attempted to engage, in any act to cheat, use automated technology
or otherwise unfairly alter your likelihood of winning, or to otherwise commit fraud with regard to the
Service, then, in such an event, you will forfeit all prizes to which you may otherwise be entitled, and
the Company reserves the right to institute civil or file criminal proceedings against you and to report
you to the relevant regulatory authorities.
(c) Behavior & Responsibility
(i) You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site or use
of any portion of the Site for any commercial purposes.
(ii) You shall not register multiple accounts or use any automated technology, including but not limited
to robots, scripts, macros, and/or programs, LAN play, or engage in team play on any Web site maintained
by the Company, including but not limited to the Site. You acknowledge and understand that any attempt to
participate in any service offered on any Web site maintained by the Company by means of automatic,
macro, programmed, or similar methods, or to otherwise commit fraud with regard to any Web site
maintained by the Company, will result in civil and/or criminal prosecution, termination of your account,
and forfeiture of all prizes to which you may otherwise be entitled.
(iii) You shall accept and abide by all of the Service rules set forth on the Site, which may be amended
from time to time by the Company in its sole and absolute discretion.
(iv) Any attempt to defraud the Company through the use of credit cards or any other form of payment,
regardless of the outcome, or any failure by you to honor charges or requests for payment will result in
immediate termination of your account, forfeiture of any prizes to which you are otherwise entitled, and
civil and/or criminal prosecution.
(v) You agree that the Company is not, and shall not be, responsible for any damage, loss, or injury
resulting from hacking, tampering, or other unauthorized access or use of the Service or your account
(including without limitation any loss caused by any unauthorized use of your credit card).
(vi) You, as the holder of your account, are solely responsible for all obligations and are entitled to
all benefits there from, and may not allow any other person to access your account, access any Web site
maintained by the Company, accept any prizes, or participate in any services using your account
information. Your account is not transferable to any other person. By registering and/or participating in
any services offered on any Web site maintained by the Company, you agree to indemnify, defend, and hold
the Company harmless from or for any claims, liability, damages, and/or costs (including attorneys’ fees)
arising from any use of your account by any person.
(vii) You agree to never transmit data, conversation, or any other information that may be (i) be
defamatory or offensive, (ii) slanderous, (iii) rude, (iv) infringe the rights of any third party, (v)
provide information regarding playing contests on the Service, or (vi) deemed generally unacceptable
behavior in the sole discretion of the Company.
(d) Computer Errors. You acknowledge that full freedom from errors and incompleteness is impossible to
achieve with respect to computer software. If you become aware that the software used in connection with
the Service contains any error, or is incomplete, you shall immediately notify the Company by e-mail at
support@vlpclub.net. You agree to refrain from taking any advantage whatsoever of any such error or
incompleteness and the Company reserves the right to recover any amounts you gain from such error or
incompleteness, as well as any and all associated costs, damages and expenses in making such recovery.
The Company will not be liable for any alleged prizes that are, in the Company’s sole discretion, the
result of a system error or malfunction.
10
Third Party Web Sites
(a) Other Sites Are Not Our Responsibility. The Site may link you to other Web sites, which Web sites may
contain information or material that some people may find objectionable. These other Web sites are not
under the direct control of the Company and you acknowledge that the Company is not responsible for the
accuracy, copyright and trade mark compliance, legality, decency or any other aspect of the content of
such Web sites. You further acknowledge and agree that the Company shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with
use of or reliance on any such third party content, goods or services available on or through any such
Web site.
(b) Future Marketing. You hereby acknowledge and agree that the Company and/or its affiliates may market
products and services to you in the future.
11
Proprietary Rights
(a) Intellectual Property. You acknowledge and agree that all content and materials available on this
Site are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary
rights and laws. Designated trademarks, service marks and brands are the property of their respective
owners. Reproduction, copying, or redistribution for commercial purposes of any materials or design
elements on the Site is strictly prohibited without the express written permission of the Company. Except
as expressly authorized by the Company, you agree not to sell, license, rent, modify, distribute, copy,
reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works
from such materials or content. Notwithstanding the above, you may print or download one copy of the
materials or content on the Site on any single computer at any given time for your personal,
non-commercial use, provided you keep intact all copyright and other proprietary notices. Use of the
content or materials for any purpose not expressly permitted in these terms is strictly prohibited.
(b) License. The Company hereby grants you a personal, non-transferable and non-exclusive right and
license to use any necessary software used in connection with the Service on any single computer at any
given time, provided that you do not (and do not allow any third party to) copy, modify, create a
derivative work of, reverse engineer, decompile, reverse assemble or otherwise attempt to discover any
source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in
such software. You agree not to modify the software in any manner or form, or to use modified versions of
such software, including, without limitation, for the purpose of obtaining unauthorized access to the
Site. You agree not to access the Site by any means other than through the interface that is provided by
the Company for use in accessing the Site.
(c) Consent to Use of Name, Pictures and Likeness. You hereby consent to the creation and use of
photographs, film, video tape, sound recording, and/or other images and representations of you and your
likeness, voice and statements (jointly referred to as the “Images”) by the Company. Further, you agree
that the Company shall own the Images and all rights in and to the Images, and shall have the sole right to seek any available legal protection in the Images. You agree that the Company shall have the
worldwide, perpetual and transferable right, in any form and/or media now known or hereafter created, to:
(i) use, copy, distribute, publish, perform, display, edit, modify, alter, adapt, record or prerecord,
distort, or prepare derivative works using the Images or any portion thereof, in any manner whatsoever,
alone or with any other material(s); (ii) do so with or without your name and/or biographical material as
the Company sees fit for any lawful purposes (including but not limited to advertising, trade, or
promotional activities); (iii) allow others to do the same; and (iv) sublicense, assign, or otherwise
transfer the Images and the rights granted herein as to the Images. For purposes of this Section 11(c),
“Company” shall refer to, collectively, the Company and its subsidiaries, members and affiliated
companies, agents, representatives, successors or assigns, and/or any other person or firm working or
affiliated with the Company.
12
Privacy Policy. You acknowledge that the Company may modify the Privacy Policy from time to time without
notice to you and any such modification shall be effective upon the posting by the Company on the Site at
http://poker.vlpclub.net/Privacy.thtml. You hereby agree to be bound by the terms of the Privacy Policy,
including any such modifications after such modifications are posted to the Site. It is therefore
important that you review the Privacy Policy regularly to ensure you are updated as to any changes.
13
No Warranty
(a) YOUR USE OF THE SITE AND THE SERVICE ARE AT YOUR SOLE RISK. THE COMPANY DOES NOT WARRANT THAT THE
INFORMATION, THE MATERIALS, THE SERVICE, THE SITE OR THE CLIENT SOFTWARE YOU MAY DOWNLOAD FROM THE SITE
(COLLECTIVELY, THE “MATERIALS”) WILL BE FREE OF INTERRUPTIONS, ERRORS, BUGS, VIRUSES OR SECURITY PROBLEMS
OR THAT THEY WILL MEET YOUR REQUIREMENTS. THE MATERIALS ARE PROVIDED “AS IS” AND THE COMPANY SPECIFICALLY
DISCLAIMS ALL WARRANTIES AND INDEMNITIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY
WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY WARRANTY
ARISING FROM THE COURSE OF PERFORMANCE OR COURSE OF DEALING. YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
(b) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR
FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
14
LIMITATION OF LIABILITY
IN NO EVENT, SHALL THE COMPANY, ITS SUBSIDIARIES, OR ITS LICENSORS BE LIABLE TO YOU WITH RESPECT TO ANY
CLAIM OF ANY KIND FOR ANY LOSS OR DAMAGE, INCLUDING ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE
OR CONSEQUENTIAL DAMAGES (INCLUDING IN LOST PROFITS OR LOSS OF DATA), ARISING OUT OF, IN CONNECTION WITH
OR RESULTING FROM THIS AGREEMENT OR FROM YOUR USE OR INABILITY TO USE THE SITE OR THE SERVICE (EVEN
THOUGH YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
THE TOTAL LIABILITY, IF ANY, OF THE COMPANY, INCLUDING BUT NOT LIMITED TO LIABILITY ARISING OUT OF
CONTRACT, TORT, BREACH, OR OTHERWISE, SHALL IN NO EVENT EXCEED THE FEES, IF ANY, PAID BY YOU HERE UNDER.
YOU ACKNOWLEDGE THAT THE COMPANY HAS SET ITS FEES, ALLOWED PARTIPATION ON THE WEBSITE AND ENTERED INTO
THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND
DAMAGES SET FORTH IN THESE TERMS AND CONDITIONS, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN
BETWEEN THE PARTIES.
15
Waiver, Release and Covenant Not To Sue The Drivers . YOU HEREBY RELEASE, REMISE, QUITCLAIM AND FOREVER
DISCHARGE EACH DRIVER AND THEIR RESPECTIVE AGENTS, REPRESENTATIVES, AFFILIATES, EMPLOYERS AND COMPANIES
OWNED IN WHOLE OR IN PART BY THE DRIVERS, DIRECTLY OR INDIRECTLY, OR ASSIGNS (THE "DRIVER PARTIES") FROM
ANY ACTIONS, CAUSES OF ACTION, SUITS, CLAIMS, CHARGES, COMPLAINTS, DEMANDS, LIABILITIES OR OBLIGATIONS OR
ANY KIND WHAT SO EVER, WHETHER PRESENT OR FUTURE, ACCRUED OR NOT ACCRUED, IN LAW OR EQUITY, ARISING
UNDER, RELATED TO, OR IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICES, OR PARTICIPATION AS PART OF
THE VLP CLUB. YOU FURTHER WAIVE ANY RIGHT YOU MAY HAVE TO FILE ANY LAWSUIT, CHARGE, CLAIM, COMPLAINT,
APPEAL OR OTHER PROCEEDING RELATED THERETO BEFORE ANY FEDERAL, STATE OR LOCAL ADMINISTRATIVE AGENCY,
COURT OR OTHER FORUM AGAINST THE DRIVER PARTIES AND AGREE THAT YOU WILL NOT FILE ANY SUCH ACTION.
16
Indemnity. You agree to defend, indemnify and hold harmless the Company and its parent, subsidiaries,
agents, managers, and other affiliated companies, and their employees, drivers as well as the Driver
Parties, contractors, agents, officers and directors, from all liabilities, actions, claims and expenses,
including legal fees, asserted by any third party, governmental body or governmental agency, arising out
of or relating to: (a) this Agreement; (b) your use of the Site or the Service, including any data or
work transmitted or received by you or any service provider; (c) your connection to any other Web site
maintained by the Company; (d) your violation of this Agreement; (e) your violation of any gaming
regulations, edicts or laws to which you are subject; or (f) your violation of any rights of a third
party or service provider.
17
Alteration or Cancellation of the Service. The Company reserves the right, in its sole discretion, at any
time and without notice to you, to alter or discontinue the Service without owing you anything (other
than prizes won but not yet collected by you to the extent such prizes are still available in light of
the alteration or discontinuance of the Service). The Company may in its sole and absolute discretion
have a drawing for any remaining prizes in the event that the Service is discontinued.
18
Waiver
You hereby waive any rights to bring, assert or initiate a class action lawsuit or any other claims on
behalf of a class or as a private attorney general.
19
California Resident
If you are a California resident, you hereby waive California Civil Code Section 1542, which states "a
general release does not extend to claims which the creditor does not know or suspect to exist in his
favor at the time of executing the release, which if not known by him must have materially affected his
settlement with the debtor".
20
Related Parties
Employees of VLP Club, their representatives, affiliates, subsidiaries, distributors, advertising and
promotional agencies, and suppliers involved in VLP Club, their immediate family members and/or those
living in the same household of each are NOT ELIGIBLE.
21
Hold Harmless and Conflict
BY ACCEPTING PRIZE, WINNERS AGREE TO HOLD THE COMPANY AND ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES
AND ASSIGNS, HARMLESS AGAINST ANY AND ALL CLAIMS AND LIABILITY ARISING OUT OF USE OF ANY PRIZE. WINNERS
ASSUME ALL LIABILITY FOR ANY INJURY OR DAMAGE CAUSED, OR CLAIMED TO BE CAUSED, BY PARTICIPATION IN THESE
TOURNAMENTS OR USE OR REDEMPTION OF ANY PRIZE. BY PARTICIPATING IN THESE TOURNAMENTS, ENTRANTS AGREE TO
BE BOUND BY THE OFFICIAL RULES. IN THE EVENT THERE IS A DISCREPANCY OR INCONSISTENCY BETWEEN DISCLOSURES
OR OTHER STATEMENTS CONTAINED IN ANY PROMOTIONAL MATERIALS AND THE TERMS AND CONDITIONS OF THIS
AGREEMENT, THESE TERMS AND CONDITIONS SHALL PREVAIL, GOVERN AND CONTROL.
22
Miscellaneous
(a) Entire Agreement. This Agreement embodies the entire Agreement and understanding between you and the
Company with respect to the subject matter hereof and supersedes all prior agreements (whether oral,
written or electronic) and understandings relating to such subject matter.
(b) No Waiver. The Company’s failure to act with respect to a breach by you or others does not waive its
right to act with respect to subsequent or similar breaches. The Company’s failure to enforce in one or
more instances any of these terms shall not be construed as a waiver of the future performance of any
term.
(c) Severability. To the extent any provision of this Agreement is prohibited by or invalid under
applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity,
without invalidating the remainder of such provision or the remaining provisions of this Agreement.
(d) Assignment. You agree that this Agreement and all incorporated agreements may be assigned by the
Company, in its sole discretion, to any third party.
(e) Captions. The captions to the sections of this Agreement have been inserted for convenience only and
shall not limit or modify any of the terms hereof.
(f) Notices. Except as expressly stated otherwise, any notices to the Company shall be made by e-mail to
info@vlpclub.net, with a copy by registered mail to: Victory Lane Players Club, LLC, Attention: Legal
Department, 16405E Northcross Drive, Huntersville, NC 28078-5005. Notices to you may be made to the
e-mail address you provide to the Company during the registration process or by postal mail (including
registered mail) to the address you provide to the Company during the registration process. Notice sent
to you shall be deemed given twenty-four (24) hours after e-mail is sent and three (3) days after the
date of mailing.
(g) Choice of Law and Forum. This Agreement shall be governed by, and construed and enforced in
accordance with, the laws of the State of North Carolina, excluding its conflicts of law rules. You
expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to
this Agreement, the Service or your use of the Service shall be resolved in accordance with the dispute
resolution terms set forth in Section 22(h).
(h) Dispute Resolution. Every controversy or claim arising out of or relating to this Agreement or the
breach thereof (a “Dispute”) shall be resolved by final and binding arbitration instituted and conducted
pursuant to the Commercial Arbitration Rules of the American Arbitration Association (the “AAA Rules”),
except to the extent such rules are modified or altered by this Section 22(h). All arbitration hearings
shall be conducted in Charlotte, North Carolina (or telephonically, if agreed by the parties in their
reasonable discretion). The statute of limitations applicable to any claim shall be determined as if such
claim were being asserted in a state court in the State of North Carolina, for all state law claims, and
in a federal court in the State of North Carolina, for all federal law claims, and such statute of
limitations shall apply to preclude arbitration of any claim hereunder not brought within the applicable
limitation period. The arbitrator(s) shall have the authority to award interest on any damages and to
award attorneys fees and costs to the prevailing party or parties, if any, or to allocate such fees and
costs as the arbitrator(s) shall determine to be equitable. A judgment upon the award rendered by the
arbitrator(s) may be entered in any court having jurisdiction. Notwithstanding anything herein to the
contrary, any Dispute concerning whether a matter is subject to arbitration hereunder, including a
Dispute caused by the refusal of a party hereto to arbitrate, shall be resolved in a judicial proceeding
commenced in a state court in the State of North Carolina. Further notwithstanding anything herein to the
contrary, the parties reserve the right to proceed at any time in any court having jurisdiction or by
self help to exercise or prosecute the following remedies, as applicable: (i) a preliminary injunction or
temporary restraining order to preserve the status quo, and (ii) when applicable, a judgment by
confession of judgment. Preservation of these remedies does not limit the power of the arbitrator(s) to
grant similar remedies that may be requested by a party in a Dispute. The agreement to arbitrate set
forth in this Section 22(h) may only be enforced by the parties to this Agreement and their permitted
successors and assigns, shall survive the termination or breach of this Agreement, and shall be construed
pursuant to and governed by the provisions of the Federal Arbitration Act, 9 U.S.C. §1, et seq. (i) Effective Date.
This Agreement is in effect and was last updated on December, 27th 2007.
Copyright © 2008 Victory Lane Players Club, LLC. All rights reserved.
Terms – Registration
TERMS OF USE AGREEMENT
Victory Lane Players Club, LLC (the “Company”) provides an online club subscription service (the
“Service”) to any person (“you” or “your”) who completes the registration process to become a Subscriber
of the Service on the terms set forth herein. This Terms of Use Agreement (this “Agreement”) sets forth
the legally binding terms for your use of the Service. The Company may modify this Agreement from time to
time without notice to you and any modification shall be effective upon the posting by the Company on the
Site. You agree to be bound to any changes to this Agreement when you use the Service after any such
modification is posted. It is therefore important that you review this Agreement regularly to ensure you
are updated as to any changes
By CHECKING THE "YES, I AGREE TO THE TERMS AND CONDITIONS AND OFFICIAL RULES GOVERNING THIS WEBSITE AND
ITS PROMOTIONS" BOX AND SUBMITTING YOUR REGISTRATION FORM OR ACCESSING, USING OR INSTALLING ANY PART OF
THE SERVICE, YOU EXPRESS YOUR CONSENT TO, AGREEMENT WITH, AND UNDERSTANDING OF, THE TERMS OF THIS
AGREEMENT. If you do not agree to all of the terms of this agreement, you WILL NOT BE ABLE TO REGISTER
FOR, OR OTHERWISE ACCESS AND USE, the Service.
1
Definitions. The following terms shall have the following meanings in this Agreement:
“Subscriber” or “Subscribers” means, collectively, the Free Play Participants known as "Rookies" and the
Club Members known as "Full Access" Pass Members.
“Privacy Policy” means the document setting forth the policies of the Company regarding the collection,
retention, and use of the personal information of any user of the Site, a copy of which is located at
http://poker.vlpclub.net/Privacy.thtml.
“Registration Information” means, with respect to any Subscribers of the Service, such Participant ’s (a)
first and last name, (b) complete mailing address (e.g., street, city, state, ZIP code), (c) e-mail
address, (d) date of birth, (e) Screen Name (as defined below) and (f) with respect to each "Full Access"
Club Member, valid credit card information (e.g., credit card number, expiration date, cardholder name
and, if applicable, 3-digit security code).
“Site” shall mean any Web site maintained by the Company to provide the Service.
2
Player Eligibility (a) NO PURCHASE IS NECESSARY TO PARTICIPATE IN POINTS, QUALIFYING, MERCHANDISE AND
LEADER BOARD TOURNAMENTS. USE OF THE SERVICE IS SUBJECT TO LOCAL LAWS AND IS VOID WHERE PROHIBITED OR
RESTRICTED.
(b) You are subject to the laws of the country, state, city or other governmental entity (collectively
“Jurisdiction”) in which you reside and/or from which you access the Service. Access to the Service may
not be legal for some or all residents of, or persons present in, certain Jurisdictions. It is your
responsibility to determine the law that applies in your applicable Jurisdiction, and the Company makes
no representation or warranty, express or implied, as to the lawfulness of your participation in the
Service, or that materials on the Site are appropriate for use in your Jurisdiction. The Company does not
intend that the Service be used by persons present in Jurisdictions in which participating in the Service
may be prohibited or restricted. By accessing the Site and/or using the Service, you represent and
warrant that: (i) you are at least eighteen (18) years of age, or the legal age required to participate
in the Service in any Jurisdiction to which you are subject, whichever is higher; (ii) your access to the
Site, your participation in the Service, and the Company’s offering and operating the Service do not
violate any applicable law, rule or regulation of any Jurisdiction to which you are subject; (iii) the
Company shall not have any responsibility under any laws, rules or regulations of any Jurisdiction to
which you are subject; (iv) the e-mail address submitted by you is owned or controlled by you; (v) you
are not a resident of any of the states identified in Section 2(c) and (vi) all Registration Information
you provide is true, accurate, current and complete.
(c) If you are a resident of or are otherwise located in one of the following states, your use of the
site is prohibited including the ability to play and win prizes offered in connection with, the Service:
Florida, Illinois, Iowa, Nevada, Rhode Island and District of Columbia. The same restrictions apply to
any countries outside of the United States of America and to US territories, overseas, excluding US
military bases. Prizes will not be delivered to any jurisdiction in which participation is prohibited
under this agreement. (d) You must be 18 years of age to participate in the Service and you agree to provide proof of your age
upon any request from the Company.
3
Method of Entry; Registration
(a) Establishing a Service Account. To register on the Site and become a Subscriber of the Service, you
must complete one of the two alternative methods of entry described below and affirmatively accept the
terms of this Agreement and the Privacy Policy. Upon completion of either method of entry described
below, (i) you will create a unique ID when you register using your email address and chosen "Screen
Name" and password to enable you to access and manage your Service account, (ii) the Company will deliver
an e-mail to your e-mail address supplied as part of your Registration Information and you will be
required to click the “activate your account” link included in such e-mail to activate your Service
account, and (iii) you will be granted an initial 30 day subscription for the Service (the “Initial
Period”).
(i) Free Play Participants . You may become a “Free Play Participant” of the Service by completing all of
the Registration Information (other than credit card information) required during the registration
process. As a Free Play Participant, during the Initial Period and each Renewal Period (defined below),
you will be entitled to participate in all of the tournaments provided by the Service that award prizes.
In order to receive a thirty (30) day extension of the Initial Period (each, a “Renewal Period”), when
you log into the Service after the expiration of your then-current Initial Period or Renewal Period you
must complete the “Reactivation Process” when prompted.
(ii) "Full Access" Club Membership. You may become a “Full Access Club Member” of the Service by
completing all of the Registration Information required during the membership registration process,
including supplying valid credit card information for purposes of charging a monthly recurring
subscription fee (the “Subscription Fee”). As a "Full Access" Club Member, you will be entitled to (i)
participate in all of the games and/or tournaments provided by the Service (subject to payment of the
Subscription Fee) and (ii) receive the Subscription Benefits (defined below). Unless you cancel your
subscription in accordance with Section 6 of this Agreement, upon expiration of the Initial Period and at
the beginning of each Billing Cycle (Section 5) thereafter, the Company shall automatically charge your
applicable Subscription Fee to your designated credit card (as more fully described in Section 5).
1. In addition to the rights and benefits granted to a Free Play Participant, as a "Full Access" Club
Member you shall be entitled to additional benefits (collectively, the “Subscription Benefits”),
including without limitation:
a. Receipt of a “Full Access Club Members-only” package of specially branded VLP CLUB apparel and gear (a
$49.95 value). Note: each Full Access Club Member is only entitled to one VLP Club packet;
b. Pre-notification of celebrity drivers’ appearance and/or participation on the Site;
c. Access to “Full Access Club Members-only” chat rooms with celebrity drivers, pit crews and other
celebrity fans;
d. Ability to select your own personal avatar from the Site library;
e. E-mail customer service;
f. Receipt of exclusive “Full Access Club Members-only” newsletters via e-mail; and
g. Entry into Full Access Club Member only tournaments, which will not require any points to enter and
will not award any prizes.
Please view a copy of the current Subscription Benefits on the Site for a comprehensive list of all Full
Access Club Member Benefits http://www.vlpclub.net/display/join2.html
2. FULL ACCESS CLUB MEMBER FEES SHALL BE CHARGED IN ADVANCE OF EACH BILLING CYCLE AND ARE NOT REFUNDABLE
IN WHOLE OR IN PART FOR ANY REASON.
3. In order to register as a Full Access Club Member, you must supply the Company with a valid credit
card for purposes of charging the recurring Subscription Fee.
4. By signing up as a Full Access Club Member, you agree that the Company may, on the date of your
registration to become a Subscriber of the Service, obtain a pre-authorization of up to $20 on the credit
card you have provided for purposes of charging the recurring Subscription Fee. You acknowledge that some
financial institutions may perceive the pre-authorization as actual pending charges and that the Company
is not responsible for any fees (such as an overdraft fee), that you may incur as a result of the
pre-authorization.
b. Representations, Warranties and Covenants Regarding Use of the Service. Each time you use the Service,
you represent and warrant to the Company that: (i) you are at least eighteen (18) years of age, or the
legal age required to participate in the Service in any Jurisdiction to which you are subject, whichever
is higher; (ii) your access to the Site, your participation in the Service, and the Company’s offering
and operating the Service do not violate any applicable law, rule or regulation of any Jurisdiction to
which you are subject; (iii) the e-mail address submitted by you is owned or controlled by you; and (iv)
all Registration Information you have provided is true, accurate, current and complete. All such
representations and warranties are relied upon by the Company. By becoming a Subscriber of the Service,
you authorize the Company to make any and all inquiries as the Company in its sole discretion considers
necessary to verify the information provided by you. The Company may require you to submit proof of age,
identity and place of residence as it may require, at any time. The Company reserves the right to suspend
and/or terminate your registration and/or account where it has grounds to suspect that any of your
Registration Information is untrue, inaccurate, not current or incomplete. You maintain the
responsibility to promptly update your Registration Information to keep it true, accurate and complete.
c. No Employees. No employee of the Company or of any of its parent companies, subsidiaries or
affiliates, licensees, advertising, promotional or other agencies, software suppliers and/or developers
is permitted to win any prizes offered by the Service. Any such person found to have violated this
provision shall not be entitled to collect any such prizes.
d. Tournament Prizes and Qualification. The odds of winning any prize or qualifying through any tournament offered on the Service will be the same for any Free Play Participant as for any Full Access
Club Member, and all Free Play Participants will be accorded equal opportunities to participate in and
win all of the tournaments provided by the Service that award prizes. There will be additional
tournaments solely for Full Access Club Members, but those tournaments will not require any points to
enter and will not award any prizes.
e. Account Changes. If any of your Registration Information changes (including, without limitation, your
credit card information provided for charging the Subscription Fee) you must immediately (i) update your
account details via the software client by clicking on the "Account" Button.
f. One Account Only. You may only register one account for yourself. You hereby acknowledge and agree
that you shall not register more than one account for yourself. If the Company determines, in its sole
and absolute discretion, that you have registered more than one account, then (i) you shall automatically
forfeit any prizes you have won prior to such determination, (ii) you shall be ineligible to receive any
future prizes, and (iii) the Company shall have the absolute right to terminate your subscription to use
the Service.
g. Internet Access. INTERNET CONNECTIVITY ON EITHER THE COMPANY’S END OR THE PLAYERS' END MAY CAUSE
MOMENTARY AND/OR EXTENDED INTERRUPTIONS BETWEEN THE POKER SERVER AND THE POKER CLIENT AT ANYTIME WITHOUT
PRIOR NOTICE. THE COMPANY WILL STRIVE TO LIMIT SUCH INTERRUPTIONS DURING TOURNAMENTS, BUT THE COMPANY
DOES NOT ASSUME RESPONSIBILITY FOR ANY SUCH PROBLEMS. THE COMPANY AND SITE PROVIDER DO NOT PROVIDE A
“DISCONNECT PROTECTION POLICY”. IN THE EVENT OF A PLAYER (POKER CLIENT) DISCONNECTION, THE DECISION TIMER
WILL CONTINUE TO COUNT DOWN UNTIL THE PLAYER RESUMES HIS CONNECTION AND MAKES A “POKER ACTION” OR THE
DECISION TIMER TIMES OUT (WHICH EVER COMES FIRST). IF THE DECISION TIMER TIMES OUT, THE PLAYER’S HAND
WILL BE FOLDED AND THE PLAYER WILL BE PLACED INTO “POST AND FOLD” MODE UNTIL THE PLAYER IS ABLE TO
RECONNECT TO THE POKER TABLE AND CLICK THE “I’M BACK” BUTTON TO RESUME INTERACTION WITH THE GAME, OR
UNTIL THE PLAYER IS BLINDED OFF THE TABLE, OR (IN SOME CASES) ELIMINATED FROM THE TOURNAMENT DUE TO THE
MAXIMUM NUMBER OF CONSECUTIVE INACTIVE HANDS RULE (WHICH EVER COMES FIRST).
h. Termination Right. To the extent you violate or breach any of the terms and conditions set forth
herein or in the Rules, including without limitation, the eligibility and one account restrictions, the
Company shall have the right to terminate your access to the Services immediately, and you will
automatically forfeit any prizes and points earned through such time. This remedy on behalf of the
Company shall not be exclusive and, in such event, the Company, shall remain entitled to any other
remedies available to it at law or in equity.
i. Acknowledgement and Waiver. Although the Company will attempt to ensure fairness in the administration
and operation of the Services and the Site you acknowledge and agree that activity conducted over the
Internet is inherently subject to uncertainties and susceptible to interference and unintended or
unwanted complications. You hereby waive any claims or causes of actions arising from cheating or other
disturbances occurring on the Site, or any unfair or improper administration of the Services by the
Company.
4
Description of Play; Rules for Tournament Play
(a) Tournaments. As a Subscriber of the Service you shall be entitled to participate in any of the
following four (4) tournaments offered by the Service:
(i) Points Tournaments. Points Tournaments shall be offered 24-hours per day, 7-days per week as soon as
the required number of players are seated for play. Entry into a Points Tournament requires an entry of a
specified, limited number of points from your account. If you successfully win Point Tournaments, you
shall receive additional points for your account. The additional points earned through participating in
Points Tournaments can be used to enter Qualifying Tournaments, Merchandise Tournaments and Leader Board
Tournaments.
(ii) Qualifying Tournaments. Qualifying Tournaments shall be offered at specified times during each week,
as set forth on the tournament details on the Site. Entry into a Qualifying Tournament requires an entry
of a specified, limited number of points from your account. If you are successful in Qualifying
Tournaments, you shall win entry into Merchandise and Leader Board Tournaments, as well as other prizes.
(iii) Merchandise Tournaments. Merchandise Tournaments shall be offered at specified times during each
week, as set forth on the tournament details on the Site. Entry into a Merchandise Tournament requires an
entry of a specified number of points from your account. If you are successful in Merchandise
Tournaments, you shall win merchandise, including but not limited to driver related autographed clothing,
hero cards, helmets, poker chip sets, banners, flags, and other paraphernalia.
(iv) Leader Board Tournaments. Leader Board Tournaments shall be offered at specified, limited times
during each week, as set forth on the tournament details on the Site. Entry into a Leader Board
Tournament is awarded to Subscribers that have accrued the requisite number of points during a given
period (and / or by winning an entry invitation via a previous qualifying tournament). If you are
successful in Leader Board Tournaments, you shall receive premiere prizes, including but not limited to
race tickets with VIP hospitality access, access to participate in tournaments provided by the Service
involving celebrity drivers and other similar prizes.
(b) Regulations and Restrictions for Tournament Play. Each tournament shall be conducted pursuant to the
terms of this agreement, regulations and restrictions established for the Service. By assenting to the
terms and conditions set forth in this Agreement, accessing the Site and participating in the Service,
you evidence your agreement with, and understanding of this Agreement and the Official Rules at the
following link:. http://poker.vlpclub.net/Rules.thtml
(c) Prizes and Disbursement.
(i) Prizes are paid on a per-tournament basis. It is your responsibility to check the prize matrix and
become familiar with it prior to entering each tournament offered by the Service. Each tournament has a
registration period and you may withdraw from any tournament for any reason up to five (5) minutes prior
to the start of such tournament (the “Withdrawal Deadline”). All points that you are required to ante in
connection with a tournament will be credited back to your account so long as you withdraw from a
tournament prior to the Withdrawal Deadline. The odds of winning any prizes for a tournament will be
dependent on the number of entries for such tournament. If you win any prizes in connection with the
Service, then you are solely responsible for and required to make all arrangements for the payment of any
taxes due from you in your applicable Jurisdiction. Any prizes won in connection with the Service are
personal to you and are not transferable to any other person.
(ii)Prior to the disbursement of any prizes, the Company reserves the right to undertake any and all
inquiries and to require you to provide such information or documentation as it deems necessary to verify
your identity and the authenticity of the request for such prizes. If you fail to cooperate with such
inquiries and/or to provide such information or documentation, the Company reserves the right to void any
prizes in your account. Disbursement shall occur only after the Company verifies all information to its
satisfaction, and you sign and agree to a publicity release to enable the Company to use your image,
voice, likeness and persona to advertise the tournaments offered by the Service.
(d) Modifications to Rules of Tournament Play. The Company may modify the Official Rules from time to
time without notice to you and any modification shall be effective upon the posting by the Company on the
Site at http://poker.vlpclub.net/Rules.thtml. You agree to be bound to any changes to the Official Rules
when you use the Service after any such modification is posted. It is therefore important that you review
the Official Rules regularly to ensure you are updated as to any changes.
(e) General Rules for Tournament Play:
(i) All scheduled tournaments will begin at the published start time. The start time can be found in the
tournament lobby list in any given poker room and in the tournament details section once you click on a
tournament in the tournament list. The tournament start time identifies the time when cards begin to be
dealt to tournament tables.
(ii) Players may register for a tournament up until the published tournament start time or until the
maximum player capacity for the tournament is reached.
(iii) Players may un-register from a tournament up until the tournament check-in period begins.
(iv) Prior to the published start time, the tournament check-in period will begin. Check-in periods
usually occur, but are not limited to occurring, 5 minutes and/or 10 minutes before the published
tournament start time. A tournament registration list player may not withdraw a tournament registration
after the check-in period begins. New arriving players may continue to register for a tournament after
the check-in period has begun and up until the tournament’s published start time or until the maximum
player capacity of the tournament is reached.
(v) The only exception to the above rules (i, ii, iii, iv) are Sit N Go Tournaments (SNG Tournaments).
Sit N Go Tournaments are usually single table tournaments. A Sit N Go tournament will begin as soon as
the maximum number of players at the table is reached. The maximum number of players for a tournament is
displayed in the tournament list. A player may register for a Sit N Go Tournament at any time and thus
immediately take a seat at the table while waiting for the game to begin. A player may unregister for a
tournament up until the time that the maximum number of players has been reached. Once the maximum number
of players has been reached the tournament will immediately begin.
(vi) Each player will be assigned a seat and he/she may not change his/her assigned seat.
(vii) Registered players that are not present during a tournament will post the necessary blinds until
they are “blinded off” (i.e. - have no more tournament chips) or until a maximum consecutive number of
absent inactive hands is reached in which the player (and his chips) may be removed from the tournament
due to this inactivity. Note this additional rule is usually only applied to, but is not limited to,
“points only” prize tournaments.
(viii) Tournaments blinds will start in the small blind, big blind format (SB/BB) where one player must
ante the small blind and the next player must ante the big blind before a round of cards is dealt. Blinds
are defined in tournament chip dollars and do not equate to real money. For example, a tournament
starting with blinds of 5/10 would have a 5 dollar small blind and a 10 dollar big blind. Most
tournaments will begin at the 10/20 blind level and continue to increase every ten hands (in Single Table
Tournaments) and every 10 minutes (in Multi Table Tournaments) until the maximum blind level is reached
or until the tournament has determined all of the necessary winners. The timing of the blinds may be
changed without notice and will be posted here.
(ix) The increasing tournament blind structure is as follows: 5/10, 10/20, 15/30, 20/40, 30/60, 50/100,
75/150, 100/200, 150/300, 200/400, 300/600, 400/800, 600/1200 (Single Table Tournaments Stop at
600/1200), 800/1600, 1000/2000, 1500/3000, 2000/4000, 3000/6000, 4000/8000, 6000/12000, 8000/16000,
10000/20000, 15000/30000, 20000/40000, 30000/60000, 40000/80000, 60000/120000, 80000/160000,
100000/200000, 150000/300000. The blind levels may be changed without notice and will be posted here.
(x) At the beginning of each tournament a single card is dealt to each player at the table. This is done
to determine the position of the dealer button at the start of the tournament. This is called “High
Carding” as the player with the highest card wins the dealer button position for the first hand. Ace is
the highest card. Two is the lowest card. During the high card process, if there is a tie, cards of the
same value are sorted from highest to lowest by the following suit ranking (spades, hearts, diamonds and
then clubs).
(xi) Once a tournament begins, the dealer button moves in a clockwise manner in an attempt to never have
the same player receive the dealer button twice in a row. In general, each player will post a small blind
and a big blind every round. However this is not always 100% possible as players are eliminated from
tables and as Multi-table tournaments collapse higher tables and redistribute players to lower tables
until a final table is reached. When eliminating and moving players, it is possible that any of the
following to occur:
(a) A player may be forced to post the big blind more than once per round
(b) A player may be positioned with the button for more than one hand
(c) A player may skip one or both blinds in a round
(d) When a player is moved to a new table, the software will always attempt to move a player to a vacant
seat at a new table that closest resembles the player’s position to the dealer button at his/her previous
table. Players are moved in order of their proximity to the dealer button.
(e) These table and seat shifts are necessary to the fairness of all players in the tournament and occur
on basically a random bases, thus providing no long term advantage to any single player, or group of
players, in the tournament.
(xii) To ensure fair play among all tables, tables in a multi-table tournament will be rebalanced as
players are eliminated. In general, the goal of rebalancing a table is to ensure that one table never has
more than a 3 player delta from any other given table in the tournament for more than one hand.
(xiii) Players moved to a new table will be dealt into the game as soon as possible. A new player joining
a table will not be dealt cards if they are moved into a seat between the BB and Dealer Button Position
at the new table. This player must wait until the dealer button passes them before they are dealt into a
new hand at this table.
(xiv) In Multi-table tournaments, players are ranked in the chronological order from when they lost all
of their tournament chips. If two players are eliminated during the same hand at the same table, the
player with the largest number of chips at the beginning of the hand will be designated as having
finished higher. Multi-table tournaments using this software do not employ a “hand for hand” mode.
(xv) When a tournament goes from three players to the final two players, the dealer button will post the
small blind and be first to act in the initial round. The big blind will act second in the initial round
of betting, but will then become the first to act in the following rounds of betting in that hand.
(xvi) A tournament finishes when all of the winners are declared. Please view the number of winners in
the tournament details section in the lobby. Most tournaments will finish when one player acquires all of
the tournament chips, however some tournaments, such as qualifier tournaments, may finish once enough
players have been eliminated to determine the necessary number of qualifying players that advance to the
next tournament.
(xvii) Tournament breaks may be inserted at any time in a tournament. Tournament breaks usually occur,
but are not limited to occurring, once every 55 minutes for a 5 minute break period.
(xviii) In limit tournaments (fixed betting), there will be one bet and three raises in each betting
round. In pot-limit and no-limit tournaments, there are no limits on the number of raises
(xix) Any play deemed to be involved in collusion or any other unethical behavior by the Company, in its
sole discretion, including, but without limitation to, team play, soft play and/ or chip dumping, will
result in the player(s) being disqualified from the tournament. Additional discipline may involve the
immediate termination of the player(s) account(s) without refund of any previously paid subscription
fees. All decisions made by the Company are final.
(xx) Tournament players and observers are asked to chat in a friendly and proper manner following all
rules of established poker etiquette. At no time are players allowed to discuss or comment on live hands.
The Company, in its sole discretion, has the right to suspend the chat privileges, or completely suspend
the account, of any player deemed to be unethical, rude, profane and/or unwilling to follow the generally
accepted rules of poker etiquette.
(xxi) Players who do not act on their hand in time (aka a 'time out') will be automatically folded and
placed into a “post & fold” mode until they resume active participation by clicking the “I’m Back”
button. Though the decision timer may differ in length from tournament to tournament, most tournaments
will utilize a 15 second decision timer.
(xxii) Cancelled Tournaments:
(a) Minimum Player Threshold not met: If a tournament is cancelled due to the fact that the registration
list did not meet the minimum player thresholds, the tournament will be cancelled and all entry points
will be returned to each player on the registration list.
(b) Tournaments may at times be cancelled (due to technical difficulties, acts of god, or purposely by
the site administrator and/or the company). When this occurs, cancelled tournaments may be resolved, but
are not limited by, one of the three following player satisfaction solutions, at the sole discretion of
the Company:
(1) Points Satisfaction: This solution is usually reserved only for points only prize tournaments. In
this case, the existing prize pool (points) will be evenly distributed among the remaining players at the
time of the tournament‘s cancellation.
(2) Restart Satisfaction: This solution is usually reserved for when there is an external prize that
cannot be easily split among the remaining players. A tournament may be rolled back to the last completed
and recorded hand from each table in the tournament prior to the time the cancellation occurs. At this
point a restart tournament is automatically created and players will resume the tournament with their
existing chip stacks. Players may be reorganized randomly among the reaming tables. Restarted tournaments
usually attempt to resume within 20 minutes of the tournament’s cancellation or within 20 minutes of the
moment when one or more of the poker servers are once again operational. If a tournament has to be
rescheduled and you are unavailable, you will forfeit the point entry unless you cancel registration for
the tournament in advance.
(3) Winner Declaration (At The Time of Cancellation) Satisfaction: In extreme cases the Company may
decide to determine the winner by using the last reported rankings at the time of the tournament
cancellation. The Company, in its sole discretion, may award and distribute prizes in equal or greater
value (to the published prizes) to the remaining players in order of the player’s ranking at the time of the cancellation.
(xxiii) The Company and the site provider, in their sole discretion, reserve the right to cancel or
reschedule any tournament at any time, for any reason, with or without notice. In addition the Company
and the site provider reserve the right to amend our poker tournament rules and policies at any time
without notice. Such amendments will take effect as soon as they are listed in the 'Tournament Rules'
section of the website. It is the player's sole responsibility to review the tournament rules and
policies before entering a tournament.
(xxiv) The poker tournament rules and policies contained above represent the complete understanding
between the player and the site with respect to the player's activities at any tournament, except as
otherwise specified in any poker tournament rules pertaining to a particular tournament, as posted on the
website.
(xxv) It is advised that a player turn off all other applications and or computers that may compete for,
and/or consume, a shared network bandwidth when playing poker online at the Company’s site. This may
include, but is not limited to, connections to servers providing streaming music, streaming videos, file
downloads, and/or any other activity that may cause network disruption.
f. Additional Disclaimers.
THE COMPANY MAY ADMINISTER THE TOURNAMENTS IN ITS SOLE DISCRETION AND IS NOT RESPONSIBLE FOR ANY
TYPOGRAPHICAL, TECHNICAL, OR OTHER ERROR IN THE PRINTING, OR IN THE ANNOUNCEMENT OF PRIZES.
WINNERS OF TOURNAMENTS ARE REQUIRED TO COMPLY WITH ALL RULES OF THE TOURNAMENTS THAT THEY ENTER WITH THE
ENTRY PROVIDED. THE COMPANY RESERVES THE RIGHT TO SUBSTITUTE A PRIZE OF EQUAL OR GREATER VALUE. NO
SUBSTITUTION OR TRANSFER OF PRIZE BY WINNER PERMITTED. THE SERVICE MAY BE TAKEN DOWN PERIODICALLY,
WITHOUT WARNING FOR SITE MAINTENANCE. DURING THIS TIME YOU WILL BE UNABLE TO PARTICIPATE IN QUALIFYING
WEEK PLAY. RETURN OF ANY PRIZE/PRIZE NOTIFICATION AS UNDELIVERABLE WILL RESULT IN DISQUALIFICATION. PRIZE
WINNERS MAY BE REQUIRED TO SIGN AND RETURN AN AFFIDAVIT OF ELIGIBILITY/RELEASE OF LIABILITY/PRIZE
ACCEPTANCE FORM, AND IF LEGALLY PERMISSIBLE, PUBLICITY RELEASE, WITHIN 10 DAYS OF ATTEMPTED NOTIFICATION.
NONCOMPLIANCE WITHIN THIS TIME PERIOD MAY RESULT IN DISQUALIFICATION IN WHICH CASE AN ALTERNATE WOULD BE
SELECTED. ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS APPLY. ALL FEDERAL, STATE AND LOCAL TAXES ARE
THE SOLE RESPONSIBILITY OF WINNERS. THE COMPANY IS NOT RESPONSIBLE FOR INCOMPLETE, LOST, LATE, DAMAGED,
ILLEGIBLE OR MISDIRECTED MAIL/E-MAIL, OR FOR ANY TECHNICAL PROBLEMS, MALFUNCTIONS OF ANY TELEPHONE LINES,
COMPUTER SYSTEMS, SERVERS, PROVIDERS, HARDWARE/SOFTWARE, LOST OR UNAVAILABLE NETWORK CONNECTIONS OR
FAILED, INCOMPLETE, GARBLED OR DELAYED COMPUTER TRANSMISSION OR ANY COMBINATION THEREOF. THE COMPANY IS
NOT RESPONSIBLE FOR ANY DAMAGE TO ANY PARTICIPANT'S COMPUTER SYSTEM/SOFTWARE RELATED TO OR RESULTING FROM
PARTICIPATION OR DOWNLOADING ANY MATERIALS IN THESE TOURNAMENTS. THE COMPANY RESERVES THE RIGHT TO
PROHIBIT THE PARTICIPATION OF AN INDIVIDUAL IF FRAUD OR TAMPERING IS SUSPECTED, OR IF THE INDIVIDUAL
FAILS TO COMPLY WITH ANY REQUIREMENT OF PARTICIPATION AS STATED HEREIN OR WITH ANY PROVISION IN THESE
OFFICIAL RULES. THE COMPANY ALSO SUSPEND AND/OR BLOCK USERS PLAYING AND/OR CHAT PRIVILEGES FOR CONDUCT
DEEMED, AT THE COMPANY’S SOLE DISCRETION, DETRIMENTAL TO THE SITE.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE
OPERATION OF THE COMPANY IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, THE
COMPANY RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
THE COMPANY ASSUMES NO RESPONSIBILITY FOR UNDELIVERABLE E-MAILS RESULTING FROM ANY FORM OF ACTIVE OR
PASSIVE E-MAIL FILTERING BY A USER'S INTERNET SERVICE PROVIDER AND/OR E-MAIL CLIENT OR FOR INSUFFICIENT
SPACE IN USER'S EMAIL ACCOUNT TO RECEIVE E-MAIL. THE COMPANY RESERVES THE RIGHT TO MODIFY THE TOURNAMENTS
OR DISQUALIFY ENTRANT IF FRAUD, MISCONDUCT OR TECHNICAL FAILURES DESTROY THE SECURITY, FAIRNESS OR
INTEGRITY OF THE TOURNAMENTS AS DETERMINED BY THE COMPANY, IN ITS SOLE DISCRETION. THE COMPANY RESERVES
THE RIGHT TO PROVIDE ANY PLAYER WITH AUTOMATIC ENTRY INTO ANY TOURNAMENT REQUIRING QUALIFICATION, EVEN IF
PLAYER MAY NOT HAVE OTHERWISE QUALIFIED FOR SUCH TOURNAMENT. ANY USE OF ROBOTIC, AUTOMATIC, PROGRAMMED OR
THE LIKE METHODS OF PARTICIPATION WILL VOID ALL SUCH SUBMISSIONS BY SUCH METHODS. IN THE EVENT THE
COMPANY IS PREVENTED FROM CONTINUING WITH THE TOURNAMENTS OR THE INTEGRITY AND/OR FEASIBILITY OF THE
TOURNAMENTS IS SEVERELY UNDERMINED BY ANY EVENT BEYOND THE COMPANY’S CONTROL, INCLUDING BUT NOT LIMITED
TO FIRE, FLOOD, EPIDEMIC, EARTHQUAKE, EXPLOSION, LABOR DISPUTE OR STRIKE, ACT OF GOD OR PUBLIC ENEMY,
SATELLITE OR EQUIPMENT FAILURE, RIOT OR CIVIL DISTURBANCE, WAR (DECLARED OR UNDECLARED), TERRORIST THREAT
OR ACTIVITY, OR ANY FEDERAL, STATE OR LOCAL GOVERNMENT LAW, ORDER, OR REGULATION, ORDER OF ANY COURT OR
JURISDICTION, INFECTION BY COMPUTER VIRUS, UNAUTHORIZED INTERVENTION, TECHNICAL FAILURES OR OTHER CAUSE
NOT REASONABLY WITHIN THE COMPANY’S CONTROL (EACH A "FORCE MAJEURE" EVENT OR OCCURRENCE), THE COMPANY
SHALL HAVE THE RIGHT, IN ITS SOLE DISCRETION, TO ABBREVIATE, MODIFY, SUSPEND, CANCEL OR TERMINATE THE
TOURNAMENTS WITHOUT ANY FURTHER OBLIGATION. IF THE COMPANY, IN ITS DISCRETION, ELECTS TO ABBREVIATE THE
TOURNAMENTS AS A RESULT OF A FORCE MAJEURE EVENT, A NOTICE WILL BE POSTED ON-LINE;
5
Billing Cycles; Payment of Subscription Fees
(a) By completing the registration process in accordance with Section 3(a)(ii), you authorize the Company
to charge your applicable Subscription Fee to your designated credit card. The Subscription Fee is billed
in advance on a 30-day cycle (each a “Billing Cycle”), commencing on the day that the Initial Period
expires. Thereafter, if you do not cancel your subscription in accordance with Section 6 of this
Agreement, the Company will automatically (i) renew your subscription at the end of each Billing Cycle
and (ii) charge your recurring Subscription Fee to your designated credit card on the first day of each
Billing Cycle. If your use of the Service is subject to any use or sales tax, the Company may charge you
for any such use or sales tax.
(b) The Company reserves the right to alter the level and terms of Subscription Fees and the method of
billing; provided that any such alteration will be notified to you by e-mail to the e-mail address
included in your Registration Information at least thirty (30) days before it shall become effective. In
addition, you are responsible for reviewing the “Terms and Conditions” section of the Site to obtain
timely notice of any such changes. If you decide that any such change is unacceptable you may cancel your
subscription in accordance with Section 6(c). The Company will not refund all or any portion of any
Subscription Fee that has become due and payable prior to the effective date of your cancellation.
(c) As a Full Access Club Member, if you fail to maintain valid credit card information as part of your
Registration Information and, as a result, the Company is unable to successfully charge your recurring
Subscription Fee on the later to occur of (i) first day of any Billing Cycle or (ii) within seven (7)
days after receipt of a payment failure notice from the Company, the Company may automatically downgrade
your subscription level as if you elected to make such downgrade in accordance with Section 6(b).
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Subscription Status.
(a) Account Upgrade. If you are a Free Play Participant you may upgrade your subscription in the Service
at any time (in order to become a Full Access Club Member) by accessing your account details (in the Edit
Membership Status Screen) and selecting a new subscription of a higher value. Upon such upgrade, you will
be billed immediately and become a Full Access Club Member and shall automatically be entitled to all of
the Subscription Benefits offered by the Service.
(b) Account Downgrade. If you are a Full Access Club Member you may downgrade your subscription level in
the Service at any time to become a Free Play Participant, by accessing your account details (in the Edit
Membership Status Screen) and selecting to switch to a Free Play Participant. As subscribers purchase a
full access club subscription in advance of consumption, your account will be updated and reflect the new
bill amount at the next billing cycle. Refunds will not be provided for cancellations occurring in the
middle of a subscription.
(c) Account Cancellation. You may cancel your subscription in the Service at any time by accessing your
account details (in the Edit Membership Status Screen) and selecting A Free Player level. Upon such
cancellation, you shall not be required to pay any future Subscription Fees; provided, however, that you
shall remain liable for any unpaid Subscription Fees. If you would like to completely terminate your free
account you must email customer service with the subject “Delete My Account” at which time your account
will be completely deleted from our database.
(d) Member Pack. Each subscriber is only entitled to one member pack even if subscriber resigns from and
subsequently rejoins the club.
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Screen Name
(a) No Transfer. Your account is not transferable. Under no circumstances, shall you allow or permit any
other person or third party, including without limitation any person who is not eligible to participate
in the Service as set forth above, and in no event any person under the age of eighteen (18) years, to
use or re-use your Screen name.
(b) You Are Responsible. You agree to be solely responsible for all use of the Site and the Service
(including without limitation participation in tournaments) through the use of your Screen Name (except
for periods commencing two (2) business days after you have notified the Company as provided above) and
you agree to indemnify and hold harmless the Company, along with its parent company, affiliates,
managers, agents and directors, for any and all claims, losses, liability, damages and costs (including
attorneys’ fees and expenses) arising from such use.
8
Account Suspension. The Company reserves the right to refuse or cancel your registration and/or account
for any reason whatsoever at any time with or without notice to you. If your account is terminated or
suspended, the Company reserves the right to determine whether to declare as void any transactions placed
or prizes won by you.
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Use of Service
(a) Compliance with Guidelines and Rules. When using the Service, you agree that you are subject to any
guidelines, policies or contest
