STANDARD PROMOTIONAL TERMS AND CONDITIONS
1. INTRODUCTION
1.1 These standard promotional terms and conditions (“Standard Promotional Terms”) apply to all Betmatch’s (as defined below) promotions, competitions and prize draws.
1.2 Each promotion will have its own specific promotional terms and conditions (“Specific Promotional Terms”) and which alongside with the Standard Promotional Terms, General Terms and Conditions at Terms & Conditions (“General Terms”), Sports Rules at Sports Rules, Market Rules at Market Rules and Privacy Policy at Privacy Policy shall constitute a legal agreement between you and Betmatch. For the purposes of these Standard Promotional Terms, the Market Rules, and Sports Rules shall collectively be referred to as the “Rules.”
1.3 The Standard Promotional Terms, Specific Promotional Terms, the General Terms and Rules shall collectively be referred to as the “Terms of Use.”
1.4 In the event of any conflict or inconsistency between the Terms of Use, the terms shall have the following precedence: (1) Specific Promotional Terms; (2) Standard Promotional Terms; and (3) General Terms.
1.5 It is important that you read these Standard Promotional Terms and any applicable Specific Promotional Terms before participating in any Promotion (as hereinafter defined).
1.6 By participating in a Promotion, you are indicating you accept and agree to be bound by the Terms of Use.
1.7 Headings are for convenience only.
2. THE PROMOTER
2.1 The promoter of the Promotion (as hereinafter defined) is Betmatch (Pty) Ltd a company incorporated and registered in South Africa with company number 1827 and registered address at Palmer Crescent, Leopard Park, Mafikeng, North West, 2745, South Africa (“Betmatch,” “We,” and “Us).
3. PROMOTIONS AND PROMOTIONAL PERIOD
3.1 Betmatch may from time to time, run promotions, competitions, prize draws and/or any other form of promotion or a combination of these (“Promotion”).
3.2 The type of promotion will be described including any additional terms and conditions other than these Standard Promotional Terms including details of participation, opening and closing time and date for participation in the Specific Promotional Terms.
3.3 Please ensure that you follow the instructions on the Specific Promotional Terms as to how to participate in the applicable Promotion.
3.4 The Promotional Period will be the period from any start date and time to any end date and time indicated in the relevant Specific Promotional Terms. In the absence of express dates, the Promotional Period shall be the period during which the promotion is available to eligible users of the Betmatch Services until such date and time as the promotion is withdrawn by Us. Any entries entered outside of the Promotional Period will not be considered and/or will be void.
3.5 Participation in a Promotion is voluntary.
3.6 Unless otherwise indicated in the applicable Specific Promotional Terms: (a) entry into each Promotion may be used only once; and (b) the prize offered in any Promotion is non-exchangeable and non-transferable.
4. ELIGIBILITY
4.1 To be eligible to participate in a Promotion you must:
be eighteen (18) years of age or older, or the legal age of consent in your country of residency and/or location, state or province;
be legally entitled to use Betmatch services provided at Betmatch.co.za (“Website”) in accordance with the General Terms at https://betmatch.co.za/page/rules_and_regulations/terms-and-conditions/; and
satisfy any other eligibility criteria set out in the Specific Promotional Terms.
4.2 To be eligible to participate in a Promotion which is stated to be intended for new customers, you must not previously have opened a Betmatch customer account.
4.3 Promotions are not available to: (a) employees of Betmatch or its holding or subsidiary companies; (b) employees of its agents or suppliers who are professionally connected with the competition or its administration; and (c) members of the immediate families or households of (a) and (b) above.
4.4 In entering/participating in a Promotion, you confirm that you are eligible to do so and eligible to claim any prize you may win. Betmatch may require you to provide proof that you are eligible to enter into the Promotion.
4.5 There is a limit of one entry per person, per family, per household, per device, and per IP address.
4.6 All entries must be submitted in accordance with the Specific Promotional Terms.
4.7 Betmatch customers who utilise application programs interface (“API”) are not eligible to participate in a Promotion.
4.8 Unless otherwise indicated in the Specific Promotional Terms, a Promotion is intended for the addressed recipient or category of recipient only and cannot be transferred. If you are not the intended recipient or within the intended category of the recipient, then the offer is null and void.
5. PRIZE DRAW
These terms shall apply to prize draws carried out by Betmatch unless stated otherwise in the Specific Promotional Terms.
5.1 Eligible participants who win a prize as the result of a prize draw must accept the relevant prize “as is.” Betmatch reserves the right, at any time, to substitute any prize with one or more prizes (other than a cash alternative) of substantially equivalent value.
5.2 All prizes will be drawn by the time or within the timeframe specified in the applicable Specific Promotional Terms and, unless otherwise indicated in the Specific Promotional Terms, a cash prize will be paid into the winner’s account with Betmatch.
5.3 Winners of the prize draw shall be notified and contacted in the manner and within the timeframes specified in the Specific Promotional Terms.
5.4 If the winner(s) cannot be contacted by the dates and times specified in the Specific Promotional Terms or fail to provide their bank account details and required documentation by the required timeframes set out in the Specific Promotional Terms, the prize will be deemed to have been forfeited by the individual.
5.5 Where a prize consists of an event, activity, holiday or the performance of a service, the winner is solely responsible for complying with any booking or other conditions or instructions of the relevant third party provider or organiser and must be able to comply with any restrictions as to dates and times in relation to the prize (which may not be re-scheduled) and any other eligibility restrictions imposed by the relevant third party provider or organiser. Betmatch will not provide any form of insurance, including without limitation any public liability or cancellation insurance, in respect of any prize consisting of an event, activity, holiday or service.
5.6 Unless otherwise indicated in the Specific Promotional Terms, if you are the winner of the prize draw you may be required to travel whether to collect the prize or otherwise, you will be responsible for making your own travel arrangements (including insurance) and travel cost.
5.7 The winner is solely responsible for all use made of the prize. Except as expressly provided in these Standard Promotional Terms, no representations, warranties, conditions or other terms are made, given or accepted by Betmatch and no other terms shall apply, as between Betmatch and any person, in relation to any prize, including without limitation any terms as to suitability, reliability, satisfactory quality or fitness for purpose, or any other implied terms, all of which Betmatch excludes to the maximum extent permitted by applicable law.
5.8 If the prize is cash:
5.8.1 Winners may be required to provide their personal bank account details (if specified in the Specific Promotional Terms) and satisfactory identification documents as follows:
A copy of a valid passport or a copy of a valid driver’s license;
A utility bill (e.g. for electricity, gas, water services but not for a mobile phone) or bank statement, credit card statement that it is not more than 3 (three) months old showing the winner’s current residential address; and
Any other information and documentation reasonably required by Betmatch.
5.8.2 Betmatch shall not be liable for any delays in payment or for non-payment of the cash prize to the winner(s) which is not within Betmatch’s control and/or if the payment of the cash prize into the winner(s) bank account is delayed and/or not accepted by the winner(s) bank. The winner(s) shall be responsible for notifying their bank in advance of the payment of the cash prize (if necessary) and provide all necessary information and documents which their bank requires to accept payment of the prize.
6. WITHDRAWAL OF FUNDS FROM Betmatch ACCOUNT
6.1 By participating in a Promotion, customers of Betmatch are not restricted from withdrawing any of their unused deposit funds and winnings from their Betmatch account at any time during the Promotional Period except where Betmatch is required to withhold such funds for any legal and/or regulatory reason and/or as set out in the Fees and Charges section in the General Terms.
7. LIABILITY
7.1 To the maximum extent permitted by applicable law Betmatch shall not be liable for any loss, costs, expenses, damages, injury or other liability arising:
from a participant’s or winner’s participation in any Promotion;
from any incorrect details provided by participants during registration and/or at any time for the purposes of administration of the Promotion;
if the Promotion is suspended, cancelled, delayed due to events outside of its control including but not limited to failure of communication infrastructure, technical fault and/or malfunction, equipment, hardware and/or software failure of any kind, network and/or server failure of any kind, Act of God, power cut, termination of any sponsorship agreements and/or supplier agreements for whatever reason (“Event”);
from entries not successfully completed due to an Event as described in Clause 7.1.c; and
from the non-inclusion, delayed, disruption and/or lost entries due to any Event as described in Clause 7.1.c and/or other issues that may result in disruption to, lost, delayed and/or not received entries, winner notifications and/or prizes.
7.2 Nothing in this Clause 7, shall operate to limit or exclude Betmatch’s liability for death or personal injury caused by its negligence or for fraud or fraudulent misrepresentation or any other liability that may not, by law, be limited or excluded.
8. DATA PROTECTION
8.1 By participating in a promotion, you agree that any personal information provided by you with the promotion entry and subsequently for the purpose of claiming the prize (if applicable) may be held, used, and retained by the Promoter and its group companies for the purpose of administering the Promotion, subject to the provisions of the Protection of Personal Information Act, 2013 (Act No. 4 of 2013) (“POPIA”).
8.2 Any participant’s personal data relating to the promotion will be used solely in accordance with POPIA and any regulations promulgated thereunder, the Financial Intelligence Centre Act, 2001 (Act No. 38 of 2001) (“FICA”) where applicable, and Betmatch’s privacy policy, which can be accessed at https://betmatch.co.za/page/rules_and_regulations/privacy-policy/.
8.3 Participants personal data may be passed onto to third-party fulfilment service providers for the purposes of administering and fulfilling the prize, including conducting Know Your Customer (“KYC”) and anti-money laundering (“AML”) verification in accordance with FICA and the Financial Advisory and Intermediary Services Act, 2002 (Act No. 37 of 2002) (“FAIS”) where applicable, and/or for any other purpose required by applicable law or regulation. Such third parties shall be bound by appropriate data processing agreements as required under POPIA.
9. COMPLAINTS AND DISPUTE RESOLUTION
9.1 Any complaints and/or disputes in relation to a Promotion shall be resolved in accordance with Betmatch’s Complaint’s policy which can be accessed at https://betmatch.co.za/page/rules_and_regulations/terms-and-conditions/.
10. ALTERATION AND TERMINATION OF PROMOTIONS; MODIFICATION OF THE TERMS
10.1 Betmatch reserves the right to alter, discontinue, amend, suspend, terminate and/or cancel a Promotion, or any aspect of it, at any time, with or without notice, due to any legal and/or regulatory reason and/or to comply with the decision of any relevant judicial or regulatory body and shall not be held liable to any entrant for so doing.
10.2 Subject to Clause 10.1, Betmatch reserves the right to amend, vary and or alter the Specific Promotional Terms and these Standard Promotional Terms at any time. Any such change will not adversely impact participants who have already started wagering under a Promotion. In respect of wagers made after terms have been modified, by your continued participation in the Promotion, you accept any such modified terms. Please check these Standard Promotional Terms regularly.
10.3 Betmatch reserves the right to:
refuse entry and/or refuse to award a Promotion and/or a prize to anyone in breach of the Terms of Use and/or for any legal and/or regulatory reason;
verify participants and/or ask for proof of identity, age and address where there are reasonable grounds to believe there has been a breach of the Terms of Use and/or for any legal and/or regulatory reason and/or for any social responsibility gambling reason including if a participant is deemed by the Promoter to be a self-excluded individual; and/or
change, end and/or restrict your access (with or without notice) to a Promotion if required for legal and/or regulatory reasons and/or for any social responsibility gambling reasons including if a participant is deemed by the Promoter to be a self-excluded individual and/or where there are reasonable grounds to believe there has been a breach of the Terms of Use.
FREE BETS
11.1 If you are awarded a Free Bet, it will show in your Free Bet balance in the top navigation bar and in the My Account section of the betslip.
11.2 To use a free bet, add a selection to your betslip that meets the terms and conditions of the token. You can then select to use the free bet by clicking the ‘use free bet’ box in the betslip. This will populate the stake/liability field and you can then place the bet as normal.
11.3 Free Bets are only eligible to be played on the designated sport or competition. If no sport or competition is specified, a Free Bet can be played on any exchange bet.
11.4 When opting to use a Free Bet, the full value of the Free Bet amount will be wagered.
11.5 In the case of a winning bet, the profit will be paid out, but the free bet stake will not be returned to you.
11.6 Bets placed using a Free Bet cannot be edited or cashed out.
11.7 Free Bets cannot be withdrawn.
11.8 Free bet tokens cannot be combined with cash in a stake.
11.9 Free bets can only be used as a single bet on an exchange market.
11.10 Any free bet issued is valid for a period of 7 days from the date of issue unless otherwise stated in the specific promotion.
11.11 Once a Free Bet reaches its expiry date, it will be removed from your account and can no longer be used.
12. GENERAL
12.1 Participants may not assign and/or transfer any rights and/or obligations under the Standard Promotional Terms and/or Specific Promotional Terms to any third party.
12.2 No failure or delay by Betmatch to exercise any of its rights under the Standard Promotional Terms and/or Specific Promotional Terms by law shall constitute a waiver of that or any other right or remedy.
12.3 If any provisions of the Standard Promotional Terms and/or Specific Promotional Terms (or part of any provision) is found by any court or any other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of the Promotional Terms and/or Specific Promotional Terms (as applicable), and the enforceability and validity of the other provisions of the Standard Promotional Terms and/or Specific Promotional Terms (as applicable) shall not be affected.
12.4 If you are ineligible to use any of Betmatch’s services provided via the Website for any reason you will be deemed ineligible for the Promotion and/or prize and any entries shall be deemed void.
12.5 No person other than the parties to these terms shall have any right to enforce any provision of the Standard Promotional Terms or the Specific Promotional Terms, whether under the common law or otherwise. All third-party rights are hereby excluded to the fullest extent permitted by applicable law.
12.6 The Standard Promotional Terms and Specific Promotional Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa. The parties submit to the exclusive jurisdiction of the High Court of South Africa, Gauteng Division, Pretoria (or such other division as may be appropriate based on the registered address of Betmatch). Participants’ personal data shall be processed in accordance with the Protection of Personal Information Act, 2013 (Act No. 4 of 2013) (“POPIA”) and any regulations promulgated thereunder.
12.7 Customers resident outside Great Britain agree the Standard Promotional Terms and Specific Promotional Terms shall be governed by and construed in accordance with the laws of Alderney and submit to the exclusive jurisdiction of the Courts of Guernsey.