General Terms and Conditions

These Terms and Conditions (“T&Cs” or “Agreement”) constitute and govern the contractual relationship between the parties, Home Gaming Entertainment Limited, duly incorporated and registered under the laws of Malta on the 23rd December 2016 with registration number C 78842, with its registered address at No.2, Geraldu Farrugia Street, Zebbug, Malta and licensed in Malta to provide gaming services under License No. MGA/B2C/391/2017, issued on the 28th of August 2017 by the Malta Gaming Authority, hereinafter referred to as “the company”; and you, as the user, hereinafter referred to as “Player” or “You”.

These Generals Terms and Conditions, the General Bonus Terms and Conditions, the Cookie Policy, and the Privacy Policy of the Company collectively constitute a binding agreement between the Player and the Company.

The Player hereby acknowledges and accepts the exclusive validity of such Terms and Conditions.

Should the contents of the General Terms and Conditions vary in other languages to the English version, and provided that all versions reflect the same principles, the English version shall prevail in any event. This also applies to the rules of the game, any texts on the website as well as any information concerning bonus programs or bonus schemes.

Definitions

Winfest: The term “Winfest” shall mean and refer to Home Gaming Entertainment Limited and the website www.winfest.com and www.winfest.de including any subdomains.

Player: Any person over eighteen (18) years of age and who takes part in remote gaming as defined in this agreement.

Agreement: The rules and terms of conduct contained in these General Terms and Conditions, the Bonus Terms and Conditions, the Privacy Policy and the Cookie Policy

MGA: refers to the Malta Gaming Authority

Gaming: Shall have the same meaning as attributed to it under the Remote Gaming Regulations of 2004 (Legal Notice 176)

Home Gaming / We / HGE / the Company: Means and refers to Home Gaming Entertainment Limited.

1. Applicability

1.1 This agreement supersedes all previous arrangements and undertakings between the Company and the Player and represents the entire agreement between the Parties

1.2 The General Terms and Conditions apply to the services and content on Winfest, content sent to or uploaded (e.g. picture uploads, document uploads) to Winfest by Players per e-mail, chat messages and SMS. They also apply on the payout of winnings and the acquisition of loyalty points.

1.3 In the event that any of the terms, conditions and provisions contained in this agreement are determined to be invalid, unlawful or unenforceable to any extent, by any competent authority, such terms, conditions and/or provisions shall to that extent be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.

1.4 Winfest is available in a desktop and in a mobile version. The mobile version of Winfest may be accessed through a mobile device, while the desktop version may be accessed through a desktop computer. The mobile version does not support all games and features as the desktop version of Winfest. The General Terms and Conditions are applicable to all users of Winfest, whether through a desktop computer, a mobile device and/or any other hardware and software.

1.5 The Player confirms that he/she is at least 18 years of age and that he/she accepts and acknowledges the General Terms and Conditions. Such confirmation and acceptance occurs by pressing the “register” button and completing the registration process on Winfest.

2. Applicable law

2.1 Irrespective of where the Player resides, all legal relations between Winfest and the Player, the validity and termination of such relationship, as well as any dispute arising therefrom are exclusively governed by Maltese law.

2.2 Player will be notified in advance to changes to the General Terms and Conditions. To maintain his account Player must acknowledge the changes. If the player does not accept the updated General Terms and Conditions, further participation in the game is not possible. In this case, the player can have the balance on his player account paid out and close his/her account.

2.3 Online gambling may be illegal under the laws of a player’s country of residence. In such case, the player may not make use of the services of Winfest. Winfest will not assume any liability whatsoever in this regard and will not reimburse the player for any disadvantages suffered by him as a consequence of the violation of any legal provisions that may be applicable to the player. The Player shall rather ensure that he acts in accordance with the statutory provisions applicable to him from time to time.

3. Conditions of participation

3.1 To open a Player account and to participate in the games offered on Winfest, the Player has to accurately complete the registration process providing all the requested information correctly and entirely. Upon registration each player will use their own e-mail address (hereinafter “username”). The username then can be used to log into the website using a computer and/or a mobile device. There is no legal claim to register and participate in the games offered on Winfest.

3.2 The Player must keep the player account details up to date and can do so under the “My Account” tab or by sending an email to:support@winfest.com

3.3 The Player warrants and represents at all times, not to:

• be restricted by limited legal capacity
• be a citizen of the United States of America
• be underage
• use false personal information to use our services
• be mentally incapable of taking responsibility for his own actions and cannot enter into a legally binding agreement with the Company
• act on behalf of another party
• be classified as a compulsive gambler
• try register or play on winfest.de, although he/she is registered in the central blocking system OASIS and the block is still in place
• attempt to circumvent a ban by entering incorrect data or deceiving Home Gaming Entertainment Limited
• deposit funds derived from criminal, illegal and/or unauthorized activities
• deposits funds using a credit card or an electronic wallet for which he is not authorized to dispose of this credit card and/or the corresponding bank account, especially one that is not in his name
• depositing funds into an account for any reason other than participation in the games offered by Winfest, including but not limited to illegal or criminal reasons (e.g. money laundering)
• attempt to sell/transfer and/or purchase accounts or funds to other players
• collect personal information about other players without their express prior consent
• transmit any type of virus, corrupted content or spam or attempts to disrupt or disrupt other computer systems and programs in any way

3.4 The Player is allowed only one account. If Winfest notices that a Player has more than one account, despite the registration safeguards required by law, or attempts to create multiple accounts with Winfest, Winfest will suspend and subsequently close all other accounts.

3.5 For players not residing in Germany participation in the games offered on the website is limited only to private persons over 18 years or the respective age required under relevant jurisdiction of the player’s residence. Winfest reserves the right to request player evidence for age verification. In case sufficient evidence is not provided by player, Winfest reserves the right to deny access to the services and games. For players residing in Germany participation in the games offered on the website is only permitted for individuals over the age of 18. As part of the registration, the player is legally obliged to provide proof of age. If the player does not provide sufficient proof, Winfest is legally obliged to refuse the player's registration and participation in the game.

3.6 The games and services offered on the website are based on the current technology. Winfest does not guarantee the full functionality and availability of all its games and services. All reasonable efforts will be used to correct any identified defaults that may occur.

3.7 Depending on the player’s country of residence, access to or participation in cash games or tournaments and the acceptance of prizes may be subject to different legal regulations. Winfest does not encourage the use of services or participation in games offered on the website by players who reside in countries, in which such services or games are not legally permitted. The responsibility of using the services provided on the website in accordance with the appropriate legal regulations lies solely with the player.

3.8 For players residing in Germany game-relevant information such as the probability of winning and information about the random number generators used can be found wherever you can participate in games, or alternatively on the game manufacturer's website, which are listed on our website.

4. Misconduct

4.1 Any misconduct in using the services of Winfest is interdicted. Especially, but not limited to the following acts shall be deemed as misconduct:

• Players deliberately providing inaccurate or misleading information upon account registration, account verification or at any time thereafter
• Players attempting to manipulate the results of games by concerted practices or in any other way;
• Players deliberately causing or exploiting website malfunctions or defects in order to undermine the natural flow of the game; Players attempting in any way to circumvent the account or website security or responsible gaming checks;
• Registered players opening another account;
• Players violating any other regulation set out in these Terms and Conditions

4.2 Player shall not decompile or attempt to decompile the software on the website or develop software that interferes with the client-server-communication software used on the website.

4.3 It is strictly prohibited to use any software which facilitates artificial intelligence. Prohibited software may include software or any other program which the company believes allows a player to cheat or gives a player an unjust advantage. Winfest may take action in order to detect and prevent the use by players of such software, including reading the list of currently running programs on a player’s computer where possible or profiling the player’s behaviour for the purposes of investigation. If Winfest successfully identifies the use of prohibited programs, Winfest reserves the right to freeze the offending player’s account for a period of at least six (6) months; to confiscate any funds in that account; and/or suspend the player from using the services of Winfest and any of its websites.

4.4 The player is obliged to inform Winfest immediately if he discovers any irregularities, malfunctions, defects or other errors in the player account, on the website, in any of the games or in relation to any rewards and advertising system, including malfunctions in account registration and in the Control systems for safe gaming.

4.5 The player will not exploit or abuse any malfunction, defect or other error in his account, on the website, in any of the games or in the exclusion system, including deposits, winnings or rewards that may be falsely provided by the operator.

4.6 If the player experiences an error or malfunction in his account, on the website, in any of the games or in the exclusion system, he will not disclose this information to the public, acquaintances or family members.

4.7 In the event of player misconduct, Winfest reserves the right to immediately exclude the player from any further use of the website and to terminate the agreement with the company. Furthermore, the company is entitled to interrupt and terminate on-going games, to block players’ accounts with or without prior notice, and, retain the player’s credit on the player account and any illegitimately won prizes at the player’s cost.

5. Player protection

Winfest protects its players from gambling addiction. As a responsible gaming measure, the player has the ability to set account limitations and account suspensions. All limitations can be set in the player account and are effective immediately the first time it is submitted or in case a prior limit is lowered. For players not residing in Germany any request to raise or remove a limit will only take effect after the expiry of a twenty-four (24) hour “cooling-off” period in which the player will not be able to revert the conditions previously placed on their Account. When the player is revoking an indefinite period of self-exclusion the “cooling-off” shall be effective only after the lapse of not less than seven days from the day on which the limit is set. For players residing in Germany any changes concerning the reduction of limits and restrictions will become effective after a 7 day cool-down period. This “cooling-off” period will give you the chance to reconsider whether you really want to raise your deposit limit.

5.1 The Company will evaluate player gaming behaviour and provide recommendations for safer gaming based on scientific research and algorithms, in line with our licensing and regulatory obligations.

5.2 Loss limit

The player can limit his/her loss by choosing a limit amount per month, week or day. The limit set by the player will be in effect until the player decides otherwise.

5.3 Deposit limit

The player can limit his/her account deposits by choosing a monthly, weekly or daily deposit limit. The limit set by the player will be in effect until the player decides otherwise.

5.4 Stake Limit

The player can limit the bets on their account by choosing a monthly, weekly or daily bet limit. The limit set by the player applies until the player decides otherwise.

5.5 Time Limit

The player can limit their account session by choosing a monthly, weekly or daily (time) session limit. The limit set by the player applies until the player decides otherwise.

5.6 Self-exclusion

The player can exclude himself of participating in any game for a definite or indefinite period of time.

5.6.1 For players residing in Germany there is the option of a short-term self-exclusion of 24 hours. This can only be imposed by the player himself by pressing the panic button, which is located wherever participation in the game is possible. The player will then be automatically blocked for 24 hours without being asked for confirmation. The ban ends automatically after the 24-hour period has elapsed; you do not need to apply to have the ban lifted. The temporary self-exclusion applies immediately and can under no circumstances be lifted prematurely. If the temporary self-ban is triggered by the player, any active gaming session will be closed immediately and the player will not be able to make any deposits, play real money and demo games, or receive any promotional material for 24 hours. During the temporary self-exclusion, the player can withdraw the real money balance already in the account.

5.6.2 The company also offers the option of long-term player bans. The ban can be initiated by the players themselves or by third parties such as family members who report problematic behaviour to us. In the case of third-party ban requests, if, after further investigation, a case of problem gaming behaviour is identified, the Company will apply a cut-off period for the player. A suspension may also be imposed by Company employees as a response to identified problem gambling. The player will be duly informed if a time limit is imposed at the request of a third party or Company employees as a measure of problem gambling and will be given an opportunity to comment on the ban request beforehand.

5.6.3 Players can request self-exclusion directly in their account settings. Players and third parties can also request the ban by contacting customer service via email support@winfest.com, live chat or regular mail.

5.6.4 For players residing in Germany self-exclusion may be set or requested for an indefinite period of time. The player has the option to set or request an initial period after which the exclusion period can be lifted. The first period cannot be shorter than 3 months. If the player does not specify or request an initial period of exclusion, or if the Company applies a problem gambling exclusion period, the default period will be 12 months. Please note that long-term bans are only unlocked upon request. This also applies if the player has specified a specific blocking period.

5.6.5 For players residing in Germany the company is obliged to observe both the self-exclusion and the 24-hour self-exclusion (panic button) set by the player and to ban the player. The player will then be banned from Winfest with immediate effect upon the placement of a self-exclusion, third-party suspension, or 24-hour self-exclusion.

5.6.6 For players residing in Germany the self-exclusion can only be lifted after the original period has expired. To do this, the player can contact the company.

5.6.7 Any outstanding stakes at the time of a player's self-exclusion will be settled in the usual manner and time limits. Any winnings, if any, will be paid out to the player.

5.6.8 During the Player Ban Period, the Player may access the Account, withdraw existing real money balance and upload documents to the Account, but may not make deposits, place bets, play games or use any of the other services offered on the Website to take.

5.6.9 Any remaining balances in the account are expected to be paid out to the payment method used for the deposit within 5 days. The player must provide valid payment details to the company. If the player's payment method cannot be found satisfactory and the withdrawal fails, the player will be notified of the failed withdrawal via email and asked to provide a valid payment method. The company will keep the remaining balance for a period of 365 days. If the player does not request a withdrawal within this period using a valid payment method, the Company will close the account and keep the remaining real money balance to donate to a non-profit organization dedicated to fighting gambling addiction. (see below).

5.6.10 For players residing in Germany no marketing material will be sent to the player during the period of self-exclusion and a cool-off period of at least 4 weeks after the ban has been lifted. For players not residing in Germany no marketing material will be sent to the player during the period of self-exclusion and a cool-off period. The company will take all necessary measures to ensure that marketing communications are stopped within 24 hours of receipt of the self-exclusion request.

5.6.11 If the player elects to self-exclude, the Company will make every reasonable effort to ensure that it complies with the player’s self-exclusion. However, by accepting these terms and conditions, the player accepts that he will in no way attempt to circumvent any agreed or required self-exclusion. Circumvention of self-exclusion (or attempts to do so) constitutes misconduct and is subject to the provisions of these Terms and Conditions. The same applies to players who undergo a preclusion period imposed by the Company at the request of a third party or for problem gambling reasons. The Company assumes no responsibility or liability for any consequences or losses of any kind suffered by the player if he/she starts or continues to gamble by cheating or otherwise circumventing the player protection measures through additional online accounts where the player changed the registration details, partially or has provided completely misleading, inaccurate or incomplete information, or otherwise attempted to circumvent the agreed self-exclusion.

5.6.12 Further information about Responsible Gaming, in particular self-exclusions and limits etc. can be found at: https://www.winfest.com/en/about/responsible-gaming

5.7 Account suspension: The player may at his sole discretion decide to suspend his player account with immediate effect

6. Account Registration and Deregistration

6.1 For players residing in Germany the registration process, including the creation of the account, is completed after the personal identification details and age provided by the player upon registration are verified and approved by the Company and the email address is confirmed by the player. After the account has been created and approved, it can be funded with real money, which can only be used to wager on the games available on the site.

6.2 By successful completion of the online registration process a player account is established. The established player account can be used for accessing the desktop and the mobile version of Winfest. The account is intended for administering the player’s funds, play, refunds, winning payments, withdrawals and eventual service fees. The online registration contains the following information:

• Name
• Surname
• Maiden Name
• Place of Birth
• Nationality
• Street, house number
• City
• Postcode
• Country
• E-mail address
• Phone number
• Date of birth

6.3 For players residing in Germany during registration, players will be asked to provide identification documents such as an ID card or passport in order to verify their identity. To do this, Home Gaming Entertainment uses a video identification process in which the data entered by the player is compared with that on the ID document presented. Under certain circumstances, a vitality check is also carried out. This is followed by verification via an SMS/PIN procedure. The verification process is repeated at least once a year. If the player changes his personal information/payment information, the player will also be re-verified.

6.4 For players residing in Germany the Company will verify the player's identity using the personal information provided by the player when registering the account on the website. This data is verified against a variety of duly authorized third party sources or databases in accordance with these Terms and Conditions and applicable laws. This process includes Proof of Identity (POI) verification, Proof of Address (POA) verification, and payment account verification. In case the player provides incorrect and/or incomplete personal data, he has the possibility to correct the data in order to complete the verification by submitting the relevant documents.

6.5 For players residing in Germany, by accepting the Terms of Use and registering an account on the website, the player consents to his personal data being passed on to SCHUFA (SCHUFA Holding AG, Kormoranweg 5, D-65201 Wiesbaden) for the purpose of verifying his identity. SCHUFA will inform to what extent the data provided by the player matches the data contained in their documents and, if necessary, provide proof of the verification by means of proof of identity. Based on the results provided by SCHUFA, the company determines whether the player is registered at the address given by the player during registration. You can find more information at: www.meineschufa.de. Identity verification at SCHUFA is mandatory to register an account on the website.

6.6 In some cases, as part of the verification process, the player may additionally undergo a video or eID verification process through our third-party provider, Sum And Substance Ltd. Video or eID verification may be necessary to fulfil all or part of the verification process required for the player to proceed with account activation.

6.7 Your personal data will only be compared with the central lock file "OASIS" (Regierungspräsidium Darmstadt, Department III 34, Luisenplatz 2, 64283 Darmstadt) in accordance with our licensing and regulatory obligations once permission has been granted by the Landesverwaltungsamt Sachsen-Anhalt Saxony-Anhalt State Administration Office and corresponding implementation. Home Gaming Entertainment Limited is neither obliged nor authorized to carry out a prior comparison. You acknowledge that these Services are owned and operated by third parties who are not affiliated with the Company. Therefore, the Company accepts no liability in the event that the system does not work as it should or if the player tries or manages to circumvent the systems in place. The company can in no way be held liable or responsible if the player intentionally and wilfully tries to open multiple accounts by providing false information, including but not limited to, the modification of his personal information, even in a minimal way, what leads to the opening of another account on the website. Furthermore, the player agrees that no winnings will be refunded and the company has the right to retain any monies won if such behaviour is detected.

6.8 The Company carries out checks to determine whether players are Politically Exposed Persons (PEP) or subject to international sanctions. The Company reserves the right to suspend or close PEP player accounts.

6.9 It is the player's sole responsibility to ensure that their username and password are not disclosed to any other person and that this information is kept confidential at all times. The Company cannot be held responsible for any unauthorized use of the account. Winfest reserves the right to suspend or close any account if it believes that account information has been compromised. If the player believes that the privacy of their account details has been compromised, they must change the password immediately.

6.10 The player is responsible for the security of his/her device(s) and account and the Company cannot be held liable in any way for any unauthorized use of the account, in particular resulting from misuse of the devices and accounts by third parties.

6.11 If a third party accesses the Player's Account, they shall be solely responsible for all of their actions, whether or not the access has been authorized by them, and hereby indemnify the Company from and against all costs, claims, expenses and damages incurred in connection with the use of or access to the account by a third party.

6.12 Winfest is entitled to exclude the player concerned from further participation in the services and retain any winning in case the given information proves to be inaccurate.

6.13 The player shall ensure that the account and player details are kept up to date. The player can do so by making any alterations on the website (“My account”) without undue delay.

6.14 No employees, executives, managers, directors, consultants, or agents in our branches or affiliated companies, or any of our providers or sellers, can participate in any Games during their term of employment and/or engagement. Winfest’s employees or anyone else having access to inside information (for example: complete hand histories, playing histories, money transaction histories, and similar) are not allowed to use the services of the website. This is in order to prevent any potential abuse of inside information. To this end, no officers, directors, employees, consultants or any other persons conducting business or engaged with Winfest shall be allowed to open an Account during their term of engagement. Proof of such attempts shall result in steps being taken by Winfest. These shall have repercussions upon the contract existing between the employee or other officer and Winfest.

6.15 No relatives (in this clause, the term “relatives” means spouse, partner, parents, children or siblings of the people mentioned in the immediately preceding clause) of Winfest’s employees, executives, managers, directors, consultants, or agents in our branches or affiliated companies, or any of our providers or sellers, are allowed to play on the website or are authorized to use the Service directly or indirectly.

Nevertheless, this shall not apply where relatives are expressly allowed to play on the website by means of written authorization from Winfest.

6.16 If either of the two immediately preceding clauses is breached, Winfest reserves the right to close the said Account immediately and to cancel payment on any gain. This shall take place without any prejudice to the rights that Winfest has against the breaching person in terms of the employment or any other contract between the parties.

6.17 The player is entitled to close his account by sending such a request to support@winfest.com. The player will be able to re-open his account again by making such a request to the Winfest Customer Support. Upon closure of a player account, all funds excluding any bonus money that might not be redeemable will be transferred to the player’s bank account. Winfest shall maintain all player information and transaction records with the relevant Maltese laws and regulations including those under the Data Protection Act, Prevention of Money Laundry Act and the Malta Gaming Authority regulations.

7. Inactive accounts and deletion

7.1 Winfest is entitled to charge a monthly maintenance fee of € 5 if a player account remains inactive for a period exceeding 12 consecutive months. A player account is considered inactive if no login is performed for a period of more than 12 months. The maintenance fee will be imposed on the players account starting on the 13th month of inactivity.

7.2 Winfest will send a reminder following the 11th months of uninterrupted inactivity to the player via e-mail. Upon receipt of the reminder, the player has 30 days to log into his account. If no login is registered within a 30-day period, the maintenance fee of € 5 will be charged on the real money account balance.

7.3 A player may reactivate his/her player account at any time by logging in on the website and retains the possibility to withdraw all remaining funds.

7.4 All maintenance fees will be charged on a monthly basis and deducted from the player’s real money account balance until the balance reaches zero.

7.5 The player can request a fee refund for inactive accounts. Winfest may consider a refund if the player can prove that access to the player's account was not possible for a reasonable reason. A maintenance fee will not be charged if the inactivity is due to the player being banned from the central blacklist.

7.6 If a player's account has not recorded a login for a period of 30 months and there is still a real money balance in the account, Winfest will transfer the remaining real money balance to the player. If Home Gaming is unable to transfer the balance after the third attempt to contact you, your member account will either be (i) left open or (ii) closed and the balance donated to a non-governmental organization dedicated to the treatment and combating pathological gambling addiction.

8. Deposits

8.1 Registered players can fund their player account using the payment methods available on this website. Euro (€) is the key currency on www.winfest.de. For www.winfest.com we also accept NZD, CAD and EUR.  Winfest reserves the right to change the accepted methods of payment at its sole discretion and further reserves the right to accept certain methods of payment only subject to the fulfilment of certain conditions. Winfest does not warrant that all payment methods are available at all times. Bank transfers will not be credited to the player account until the funds have reached Winfest’s bank. Winfest does not impose any fees on deposits, however Winfest is not liable for any fees charged by the player’s bank. The minimum deposit amount is € 10

8.2 The player funds held by the company are protected in the event of bankruptcy through client funds segregation, meaning they are held in separate dedicated bank accounts. These accounts are used solely for this purpose and with the knowledge of the respective banks. Our banks ensure that these funds are not subject to enforcement, attachment or enforcement of any claim against the company and these funds will not be considered part of the company's assets in the event of insolvency. As a result, players' funds are always protected and kept safe.

8.3 The Company reserves the right to request any documentation to justify the Player's expenses and to confirm the source of the Player's wealth and/or funds. During this period, the Company may suspend all or part of the account until the player satisfactorily meets this requirement.

8.4 A deposit is considered deposited at the time the deposit is irrevocably credited to Winfest’s account and accrued to the relevant player account. Winfest undertakes checks and carries out necessary due diligence procedures upon a made deposit. Depending on the chosen payment method the time until deposits are credited to the player account vary. Winfest may request the player to provide due diligence documentation such as but not limited to copies of identification documents, utility bills, credit cards, bank statements etc.

8.5 Winfest can, under certain circumstances, credit a player’s account with so called “bonus money”. Winfest determines the conditions of the crediting of the bonus and the amount. Player acknowledges that not all games may be capable of being played with bonus money. It is solely Winfest’s discretion to determine which games may be played with bonus money. The bonus is stated separately on the player account and can only be paid out once it has met the bonus criteria.

8.6 Players are not allowed to make deposits with funds obtained by ill-gotten means. All transactions are monitored for irregularities and to prevent money laundering and fraud. Any suspicious account and/or money transaction may be reported to the relevant authorities.

8.7 Home Gaming is not a financial institution and should not be treated as such. The amounts deposited in your account do not earn any interest. For players not residing in Germany please note that your personal player account is not a payment account, but merely a virtual, internal, mercantilist clearing account that records debit and credit amounts ( cash inflows and outflows).  For players residing in Germany please note that your personal player account is not a payment account within the meaning of the Payment Services Directive II (EU) 2015/2366 (implemented in Germany by the Payment Services Supervision Act (ZAG)), but merely a virtual, internal, mercantilist clearing account that records debit and credit amounts ( cash inflows and outflows). The purpose of this account is to make your transactions transparent and traceable and to document them in a verifiable manner. Deposits into a player's account should only be made for the sole purpose of using the money in our offered games. No interest will be paid on deposited funds.

9. Withdrawals

9.1 The player may request a payout of his winnings or parts thereof. For players not residing in Germany the minimum payout amount must be at least € 20. For players residing in Germany withdrawal requests under € 10 can only be made through Customer Service. Pay-outs to the player will be transferred to the bank account, credit card or e-wallet from where the funds originated. In case where remittance of funds to an account from which deposits originated is not possible, withdrawals will be made to another account of choice following certain controls including but not limited to due diligence checks, anti-money laundering checks and anti-fraud checks. Winfest endeavors to process requested payouts within 72 hours, providing that verification documents have been received. Any transaction costs due (e.g. for international transfers) are borne by the player.

9.2 A payout for over € 50 cannot be requested where the money deposited has not been used in any games or only in a few games. Winfest reserves the right to refuse such a payout at its own discretion on the basis of best practices in the prevention of money laundering.

9.3 A payout request cannot be made while a game is being played or is still open.

9.4 The player acknowledges that Winfest reserves the right to verify the entitlement of the player prior to effecting the payout and in case of doubt to withhold the payment. The player further acknowledges that Winfest reserves the right to ask for verification documents at any time and that Winfest can suspend the player account temporarily until receipt of the required documents. Winfest is duty bound by law to verify the player information including, but not limited to, identity, age and place of residence. Winfest further reserves the right to review the player’s transactions and activity and verify the financial instruments being used on the Player Account prior to effecting a payout. Additionally, Winfest reserves the right to perform enhanced verification and due diligence checks where this is deemed to be necessary, in the sole discretion of Winfest, and the Player agrees to submit to and cooperate in the performance of such checks. In light of these checks, the Player shall be required to supply to Winfest any documentation or information requested by it in order to facilitate such verification. The Player shall be requested to provide documentation including, but not limited to, a copy of an official and valid proof of identity (passport, ID, driver’s license), a copy of valid proof of address (utility bill, bank statement) and documentation verifying financial instruments (for instance bank statements), which are not older than 3 months, per mail or e-mail. Winfest reserves the right to withhold any payout requests pending, to close a player account permanently if the player does not provide the required documentation and/or if the provided documentation is found to be false or misleading.

9.5 In the event a player would like to recover funds held in a blocked account, the player is requested to contact the customer support team.

9.6 At any time, a player can decide to withdraw part or all of his funds from his account by selecting from the various options made available by Winfest. For players not residing in Germany is a general limit on withdrawals of Euro 5,000 per customer and week (excluded progressive jackpot winnings). Depending on the currency and on the chosen withdrawal option, certain transaction fees may apply. Once all the available funds have been withdrawn, the player has the right to close his account if he wishes to do so.

9.7 The Player may be required by law to account to the relevant tax authorities for real money winnings from playing games on the Website. This is the sole and exclusive responsibility of the Player and Winfest cannot be held liable for accounting to any such authority for personal tax matters.

10. Bonus Scheme conditions

10.1 The player acknowledges and understands that additional terms and conditions exist with respect to bonuses, promotions and special offers, and that those terms are in addition to this agreement. The terms are outlined in the relevant promotions pages.

10.2 Winfest reserves the right to terminate and/or change bonuses and promotions at any time. Furthermore, Winfest reserves the right to withhold and remove any bonuses awarded to the player if such bonuses have not been used within three months from the date they were awarded.

10.3 Bonuses issued by Winfest can only be used for playing and may not be transferred or paid out unless stated requirements within the bonus campaign have been fulfilled. Furthermore, all bonuses have an expiry date. If the bonus requirements are not fulfilled at the expiry date, Winfest reserves the right to cancel or debit the bonus credit from the account.

10.4 Winfest reserves the right to cancel, change or stop marketing promotions at any time without prior notice

10.5 Should the player agree to participate in a bonus promotion he may receive bonus money from Winfest. The real money that was used as qualification for the bonus money, together with the bonus money will be market as applicable for game play in respect of that particular bonus only. This balance can only be used on games that are outlined in the additional bonus terms and conditions.

10.6 The player acknowledges that it is prohibited to participate in the same bonus program multiple times. The player also acknowledges that is it prohibited to postpone any playing round including free spins and bonus rounds and/or make new deposits to continue postponed rounds. In case Winfest notices any abuse of bonuses or any other promotions, the bonus/promotions will be forfeited and any funds to the player’s account will be frozen. Furthermore the player account may be suspended by Winfest at its own discretion.

10.7 Winfest reserves the right to withdraw any bonus and the resulting profits if any term of the offer or promotion has been breached. Furthermore Winfest  may also withhold any other funds held in the player account to make up for any losses incurred by Winfest due to breach of the applicable terms and conditions.

11. Liability

11.1 The player is required to inform Winfest immediately of any errors he becomes aware of.

11.2 Winfest and/or it’s vicarious agents are only liable for damages beyond the scope of the Product Liability Law caused deliberately or upon gross negligence. Winfest is not liable for slight negligence, acts of nature beyond control, consecutive damages, pecuniary damages, lost profit, lost data, lost interest and for damages from claims of third parties.

11.3 Winfest offers the software on the website “as is” with no warranties or assurances whatsoever. Winfest is not liable for any losses and damages that are alleged to have been caused by any errors in the software on the website. In the event of any software error or game error (miscarried or aborted game as provided in the Remote Gaming Regulations of 2004, Legal Notice 176), Winfest will refund any funds used by the player to play that particular game, so that all parties directly affected will find themselves in the same position before commencing the game.

11.4 Winfest reserves the right to declare null and void any bets that were subject of a software and/or game error and take any funds from the player account relating to the relevant bets. In all circumstances whereby Winfest determines a software error has been used to gain an unfair advantage. Winfest reserves the right to consider this activity to be subject forfeiture and account closure as per these General Terms and Conditions.

11.5 Winfest is not liable for the games and website performing without interruption, not containing any programming errors and/or identified faults being corrected or for any resulting damages. Further, Winfest is not liable for any downtime, server disruptions, lagging, or technical or political disturbance to the gameplay. Moreover Winfest reserves the right to cease the operation of the software on the website in order to correct any errors. If there are any unexpected system failures, malfunctions or errors in the software or hardware we use to deliver the website, we will take immediate steps to correct the problem. We accept no liability for any IT failures caused by the equipment you use to access the Website or any disruptions related to your internet service provider.

11.6 Winfest is not liable for damages or losses which are deemed or alleged to have arisen out of or in connection with the website, it’s content or the software. Including without limitations delays or interruptions in operation or transmission, loss of data, corruption of data, communication or lines of failure, any person’s misuse of the website, the software or its content.

11.7 Winfest reserves the right to terminate events and/or games in the event of a system malfunction. Moreover all wagers are void in such event.

11.8 Winfest is not liable for any damages that are caused by the undue use of the account by the player of third parties.

11.9 Winfest is not liable for the content of the game or the content of third-party advertisements, but reserves the right to delete content that violates the law or the General Terms and Conditions upon becoming aware of it and to pass it on to the law enforcement authorities if instructed to do so.

11.10 In case of infringement of Winfest’s General Terms and Conditions by the player, the player shall hold Winfest inculpable of any claims by third parties and any losses, costs or damages resulting thereof.

11.11 The player acknowledges that the games offered contain an element of luck. The generation of the elements of luck is based on a random number generator (‘RNG”) and is not influenced by Winfest in any way. Further information on the random number generator is set out in the help section on the website.

11.12 Winfest is not liable for the following damages or losses howsoever caused and even if foreseeable;

• Economic losses, which shall include loss of profits, loss of use of profits, business, revenue, goodwill or anticipated savings
• Loss of, damage to or the cost or replacement, recovery or reconstruction of the player’s or third party’s documents, tapes, records, information or any other data on any media
• Special, indirect or consequential loss
• Loss arising from any claim by a third party against the player
• Damage or loss arising from the player’s failure to fulfil his responsibilities or any matter under the control of the player or a third party
• Loss or damage arising from Winfest acting in accordance with the instructions of the player, agents or third parties engaged by the player.

11.13 Neither Winfest nor the player shall be liable for any loss or damage caused by delay of failure to fulfil its obligations under this Agreement where such delay or failure is due to any cause beyond the control of the parties, including without limitations war, civil disorder, acts of nature (e.g. fire, flood, storm, earthquakes), sabotage, government disorder, court orders, restrictions as a consequence of decision or view taken by any governmental body or similar, priorities or regulations affecting materials or facilities, slowdown or interruption of work, inability to obtain necessary governmental or regulatory authority approval or to any cause to the extent it is beyond the parties’ reasonable control.

11.14 None of the above limitations of liability shall apply in the event of gross negligence or intent on the part of Winfest or in the event of injury to life, limb or health.

11.15 All amounts due under these Terms and Conditions shall be paid by the Player in full to the Company without any set-off, counterclaim, deduction or withholding (other than where any tax is deducted or withheld as required by law).

12. Privacy Policy

12.1 Winfest collects personal information from players. To learn about our privacy practices, policies and principles, Winfest encourages you to read the Privacy Policy carefully. The player can read the said policy via the following link: Privacy Policy By accepting these Terms and Conditions, the player hereby fully accepts our Privacy Policy.

13. Complaints

13.1  When the player has a complaint regarding the services at Winfest, he/she may contact us via chat or email. In order to resolve his/her complaint as quickly as possible, it is important that he/she provides us with as much information as possible, including:

• Full name
• Registered e-mail
• The full details of the complaint

Our Customer Support will reply within 24h on business days and will do its best to provide him/her answers and solutions promptly.

13.2 When the player cannot reach an agreement with Winfest and is not satisfied with the resolution of his/her complaint, the player may refer to our alternative dispute resolution (ADR) entity; a third party that will adjudicate the players' case and provide a final decision that will be binding for disputes under €10.000.

13.3 Referring to an ADR is free of charge for Players as the fee is covered by Winfest. We reserve the right to close the account of a customer who makes abusive use of the ADR system, in particular, but not exclusively:

• When a customer opens repetitively failed disputes.
• When disputes are based on grounds of non-compliance of Winfest toward regulation directives for which regulatory resources and sufficient proofs have been provided to the customer during the complaint procedure

13.4 The ADR offered by Winfest is EADR (European Alternative Dispute Resolution) which can be contacted through the website https://eadr.org. Address: 189/1, The Strand, Gzira GZR 1024, Malta.  The online dispute resolution (OS) platform, which is provided by the European Commission at https://ec.europa.eu/odr, offers a secondary option for lodging a complaint. Please see the link above for more information and to submit a dispute for resolution.

13.5 You may also report a complaint to the Malta Gaming Authority:

Address: Building SCM 02-03, Level 4, SmartCity Malta, Ricasoli SCM1001, Malta

Telephone Number: +356 25469000

Email: support.mga@mga.org.mt

14. Copyright

The entire design, text, graphics, music, sound, photos and videos on the website, their selection and arrangement, software compilations, underlying source code, software and all other materials contained on the website are protected by copyright or other proprietary rights that are either owned by us or licensed to us by third party rights holders. To the extent that any material contained on the Site is downloadable or printable, such material may only be downloaded to a single computer and hard copying of portions of this material is permitted solely for your own personal and non-commercial use.

Under no circumstances shall use of the Website grant you or any other person any intellectual property rights (e.g. copyright, know-how or trademarks) owned by us or any third party. To the extent that you acquire intellectual property rights through the use of the Website contrary to the provisions of this section, you hereby irrevocably and unconditionally, fully and finally assign to us or the relevant third party all intellectual property rights so acquired.

No rights are granted to use or reproduce any brand names, trademarks or logos appearing on the Website, except as expressly permitted under the Terms and Conditions.

15. Your personal data

In accordance with the Data Protection Act 2001 (Chapter 440 of the Laws of Malta), EU Regulation 2016/679 (General Data Protection Regulation) and other applicable laws, we have an obligation when using your personal data that we collect in connection with your use of the website to observe the data protection requirements. We therefore take our obligations in relation to the use of your personal data very seriously. In addition, we store player data for a minimum period of 5 years from the date the business relationship ends in order to comply with regulatory and legal obligations, including country-specific anti-money laundering regulations. For more information, see our privacy policy.

16. Use of cookies on the website

The website uses "cookies" to support the functionality of the website. A cookie is a small text file that is downloaded to your computer when you access the website and that enables us to recognize when you visit the website again later. Information on deleting and managing cookies can be found at www.aboutcookies.org. Please note that by deleting our cookies or disabling future cookies you may no longer be able to access certain areas or features of the website. For more information, see our cookie policy.

17. Governing Law and Jurisdiction

For players residing in Germany and registered on the Website, the GTC and their interpretation shall be governed by German law and the parties submit to the jurisdiction of the German courts.

For players not residing in Germany and registered on the Website, the GTC and their interpretation shall be governed by Maltese law and the parties submit to the jurisdiction of the Malta courts.

18. Severability Clause

If any provision of these Terms and Conditions is held to be invalid, illegal or unenforceable in whole or in part, then that term, condition or provision will be severed to the extent necessary from the remaining terms and provisions, which will remain in effect to the fullest extent permitted by law. In such a case, the part deemed invalid must be supplemented in a way that complies with applicable law and comes as close as possible to our original intention.

Version: v1.5
Version date: 17-03-2022