TERMS AND CONDITIONS

 

SBG - Skill Based Games Inc. (“SBG”) and Got Skill
Game Rules, Terms, Conditions, and Limitations (these “Rules”)

 

1. Definitions of Certain Terms: In these Rules:
a) “Actual Win” has the meaning set out in paragraph 3 of these Rules;
b) “Associates” means SBG, shareholders and staff;
c) “Establishment” means the business premises allowing the Patron to play the Game and in which the device is located;
d) “Establishment Gift Certificate”, gift certificates from Establishment that can be redeemed for purchase of Establishment’ products , and subject to issuing Establishment’s terms and conditions.
e) “Establishment Staff” means Establishment personnel, management or ownership;
f) “Game” means the various game themes/art styles, described in paragraph 3 of these Rules;
g) “Gaming Devices” means Cabinets, Bar-Tops or Tablets where you can play the games;
h) “Hide” feature allows the Player hide only the Next Potential Win value before playing the next game;
i) “Losses” have the meaning set out in paragraph 15 of these Rules;
j) “Next Potential Win” is the Potential Win on the next game play
k) “Part 1” means part 1 of the Game set out in paragraph 3 of these Rules;
l) “Part 2” means part 2 of the Game set out in paragraph 3 of these Rules;
m) “Potential Win” has the meaning set out in paragraph 3 of these Rules;
n) “Player” means any Patron who choose to the Game;
o) “Program” means SBG’s Licensed Establishment Program “Got Skill” through which the Games are offered;
p) “Rules” mean these Game rules, terms, conditions, and limitations;
q) “SBG” means Skill Based Games Inc. or Got Skill;
r) “SBG or Got Skill Player Card” means a plastic, magnetic strip card (with account number) issued by the Establishment that allows the Patron to play the Game, as further described in paragraphs 4 and 6 of these Rules;
s) “Show” feature allows the Patrons to reveal the Next Potential Win before playing (Spin) the next game; and
t) “Time-Out” occurs twenty-five (25) seconds after the Player initiates the skill game.

 

2. Eligibility: The Program is open to persons 18 years of age or over. Establishment Staff and Associates (and members of their immediate families) are not eligible to play or win in any Game.
 

3. Games Description: All Games are 100% skill-based and any and all Game themes/art styles are only present to provide entertainment and methods of displaying potential outcomes of tickets. The Games are not games of chance. The Games will display (simply click “SHOW”) the Next Potential Win (POTENTIAL WIN of the next ticket) in advance of the Patron choosing to play. The Patron will know in advance, before initiating any play, what Next Potential Win is available that they must deploy their skill to win. If the Patron chooses not to play, then the ticket’s Next Potential Win will remain available for the next participating Patron. Patrons may redeem their credits for an Establishment Gift Certificate or Cash Prizes (over $20).


All Games require skill to attain the maximum Actual Win. Since the Potential Win is known, odds of winning depend on the Player’s skill. A game is divided into two parts. Part 1 displays a “Potential Win”. In Part 2, the Player uses her skill to win from 55%–110% of the Potential Win within the allotted time of 25 seconds; if time runs out, the player will win zero. At the beginning of Part 1, the Potential Win, including zero, is displayed as “Next Potential Win”, and Patron must


make a choice of whether to play or not. Upon completion of Part 1, the skill game in Part 2 is introduced if the “Potential Win” is greater than zero. In Part 2, the Player’s hand–eye coordination, dexterity, and timing of the Game action will determine whether the player wins greater than the Potential Win, 100% of the Potential Win, or some percentage thereof. In Part 2, a vertical arrow moves persistently back and forth across a horizontal bar. The Player’s objective is to hit the stop button precisely when the arrow crosses the centre (110% mark) of the horizontal bar. The Actual Win amount is determined by the proximity of the arrow to the centre . The closer the Player is to the centre point based on her or his hand–eye co-ordination and dexterity, the higher the percentage of the Potential Win that is won by the Player (Maximum 110%). The further away (left or right of centre point) the player stops the arrow from the 110% mark, the lower the “Actual Win” will be. The Player must stop the arrow before the Time-Out or forfeit all of the Potential Win.


After each ticket is revealed by way of the Game theme, the Next Potential Win can be immediately displayed when “SHOW” is active. This process continues so long as the Player continues to play the Game.


4. How to Play: The Player must activate a card and account (ortaking a new card from the card holder, if they do not have an existing account) by swiping the card. The Player may then purchase game credits by inserting Canadian funds into the Bill Acceptor when on the Game Menu screen. At all times, the SBG or Got Skill Player Card is owned by and the property of SBG; the Player merely has a licence to use the SBG or Got Skill Player Card. If the Player already possesses an SBG or Got Skill Player Card and Account, then she may purchase or ‘top up’ her card with additional credits by inserting funds into the Bill Acceptor when on the Game Menu screen. A minimum five dollar ($5.00) purchase, whether at account setup or reloading the SBG or Got Skill Player Card, is required to play the Games. SBG or Got Skill Player Accounts and credits are Establishment-specific and are only valid at the Establishment where they are issued.


5. Redemptions: Credits can only be redeemed for: gift certificates of the Establishment, (which can be used for food and beverage purchases at the specific Establishment at which the SBG or Got Skill Card was issued and used); Cash Prizes where Twenty dollars ($20.00) or more in credits are being redeemed; or, c) MADD Canada donations in any amount. The minimum value of credits you may redeem is five ($5.00). Any redemption amount exceeding $400.00 may (at the Establishment’s discretion) be picked up by the Player after five (5) business days at the Establishment or sent to the address on her account.


All annual donations to MADD Canada worth ten dollars ($10.00) or more will result in a charitable tax receipt being issued by MADD Canada if an e-mail address is provided. SBG / Got Skill assume no liability or responsibility for any donation to MADD Canada.


6. SBG or Got Skill Player Card: An SBG or Got Skill Player Card/Account is required to play the Games. It is created when a Player swipes a new Player Card on a Gaming Device. Each SBG or Got Skill Player Card has a 10-digit unique number. The Player selects how much in credits she wishes to purchase at the Gaming Device (minimum of $5.00). Credits and any winnings are stored in the account until Player is ready to redeem pursuant to these Rules.


7. Establishment Gift Certificates: An Establishment Gift Certificate as set out in paragraph 5 of these Rules has no cash value and is not redeemable for cash. SBG / Got Skill assume no liability or responsibility for any Establishment gift certificate issued. SBG / Got Skill assumes no liability or responsibility for refunds or credits or lost (whether through the mail, through Player’s loss, or otherwise) or stolen Establishment Gift Certificates or any unauthorized use of such certificates.


8. Offers - Non-Redeemable Promotional Credits/Dollars: The awarding and availability of Non-Redeemable Promotional Credits/Dollars are in Got Skill’s sole discretion. Got Skill reserves the right to amend the terms of or cancel any customer offer or promotion at any time and will have the right to determine the qualification criteria for all promotions and awarding of Non-Redeemable Promotional Credits/Dollars. In addition, Got Skill may cancel them at any time in its sole discretion.


If a Player, who wants to play Got Skill Games, has both Credits/Dollars and Non-Redeemable Promotional Credits/Dollars funds in their Account (regardless of whether the awarding of the Non-Redeemable Promotional Credits/Dollars preceded or followed the buy-in of Credits/Dollars, whether resulting from a deposit of funds by the Player or the winning of a Prize by the Player), the Non-Redeemable Promotional Credits/Dollars will be used first to play the eligible Games until all of the balance of Non-Redeemable Promotional Credits/Dollars have been utilized, following which time the purchased Credits/Dollars in the Account will be used. All winnings from playing with Non-Redeemable Promotional Credits/Dollars are added to the Credit/Dollars balanced. Non-Redeemable Promotional Credits/Dollars cannot be cashed in or redeemed for prizes or donated to MADD.


9. All Sales Final: Purchased credits on any account can only be used for Game play, for donations to MADD Canada, for redemption for Establishment Gift Certificates (if under $20), Cash prize if over $20 or for some combination of more than one of those.


10. Account Cancellation or Termination: A Player can cancel her account by bringing the balance to zero. SBG reserves the right to cancel a Player account for any reason whatsoever at any time without notice to the Player. SBG reserves the right, in its sole and unfettered discretion, to void winnings and confiscate any balance in a Player account in any of the following circumstances:
a) if the Player redeems credits for any other Player or person;
b) if incorrect or misleading information is provided by the Player to the Establishment or SBG;
c) if SBG determines that the Player is ineligible to play Games under these Rules;
d) if a Player has not used their account (played, redeemed or bought credits) for a period of 12 months;
e) if the Player has ‘charged back’ or denied any of the purchases or deposits that the Player made to their Player account;
f) if the Player is found to be cheating or engaging in fraud or if it is determined by SBG that the Player has employed or made use of a system (including robots, machines, computers, software, devices, or other automated systems or manual process) designed to defeat or defraud the Game; or,
g) if the Player fails to comply with any of the provisions set forth in these Rules.


11. Governing Law: These Rules shall be governed by and construed and enforced in accordance with the laws of the Province of Ontario. The venue for any claim or action against or involving SBG or Got Skill shall be in Ontario. The Player unconditionally attorns to the jurisdiction of the courts of Toronto, Ontario, and all courts competent to hear appeals therefrom.


12. Privacy Policy: SGB/Got Skill respects Player’s right to privacy and the importance of protecting information collected about them. SBG has adopted a company-wide privacy policy that sets out how it will store and use the limited personal information that Players provide in connection with their participation in the Games. This policy applies only to information collected by SBG / Got Skill in connection with the Player’s participation in the Games. The Player consents to the personal information provided by the Player to be used to contact the Player for promotions, special offers, and surveys by SBG and by the Establishment. SBG will not share any personal information and
contact information with any other third party with the exception of the MADD Canada and except as required by law.


Canada’s Anti-Spam Legislation (CASL) Compliance: SBG / Got Skill, MADD and the Establishment fully comply with the terms of CASL. Players consent to receiving commercial electronic messages from SBG / Got Skill, MADD or the Establishment where they have an account, when the account is opened and may withdraw their consent at any time they receive a commercial electronic message.


13. Changes to the Program and these Rules: SBG reserves the right at any time to: limit enrolment in the Program; establish different levels of Program participation or targeted offers that may result in programs or offers that are not available to all Players; or to otherwise limit participation or the number of Players in the Games. SBG may refuse at any time to enrol a Player or may restrict, modify, or terminate any Player’s participation in the Program without liability or responsibility to any Player or any other party. SBG reserves the right, in its sole and unfettered discretion, to, among other things and without notice: a) suspend, change, or terminate the terms of the Program, any individual program, or any member benefit, in whole or in part, at any time and for any reason, or for no reason; b) modify, limit, or suspend the manner in which credits are purchased and Game play credits are earned, awarded, or redeemed; c) change the amount of credits earned, and when they can be redeemed and when they expire; and, d) update, change, modify, or limit these Rules. SBG may make these changes even though the changes may affect the value of a Player’s credits and prizes available under the Program already accumulated at the time of the change. A Player’s continued participation in the Program after any modification, change, or limitation to the Program or these Rules is deemed to be the Player’s acceptance of and consent to any such modification, change, or limitation. Players expressly agree to assume responsibility for reading and reviewing these Rules for any updates, changes, modifications, or limitations before playing the Games or otherwise participating in the Program. If a Player does not agree to any changes to the Program or these Rules, their sole remedy is to deactivate the account.


Players expressly agree to waive, limit, and set aside their respective rights and obligations under any applicable law in the event of any termination, update, change, modification or limitation of the Program or of any update, change, modification, or limitation of these Rules to the extent that such law requires any judicial pronouncement, decision, or order to terminate, update, change, modify, or limit the Program or to update, change, modify, or limit these Rules.


14. Player Obligations, Representations, and Warranties: By opening an account and enrolling in the Program, by participating in the Program, or by playing any Games, Players expressly agree to be bound by these Rules and any policies referenced herein, as they may be amended from time to time, and they agree not to misuse Program or Game privileges by engaging in conduct that is detrimental to any Associate, including, without limitation: having multiple accounts in the same Establishment; making purchases or redemptions on the behalf of other Players or persons; participating in purchasing or redemption fraud; or, using any robot, spider, other automatic device or manual process to transact with, monitor, or alter or defeat the Program.


15. Limitation of Liability & Release: Important: Except as may be provided for in these Rules, the Associates assume no liability or responsibility and shall have no liability or responsibility for any claim, application, loss, injury, delay, accident, cost, business interruption costs, or any other expenses (including, without limitation, attorneys’ fees or the costs of any claim or suit), nor for any incidental, direct, indirect, general, special, punitive, exemplary, or consequential damages, loss of goodwill or business profits, work stoppage, data loss, computer failure or malfunction, or any and all other commercial losses directly or indirectly arising out of or related to: a) these Rules; b) the Program or any website of SBG or Got Skill; c) playing or any use of any Game; d) any failure, delay, or decision by any Associate in administering the Program; e) any stolen, lost, or unauthorized use of an SBG or Got Skill Player Card or any breach of security related to an SBG or Got Skill Player Card; f) any offer, representation, suggestion, statement, or claim made about the Program by any Associate; or, g) the purchase, redemption, or use of any reward or use of any reward or prize, whether made available by an Associate or by any other party (collectively, all of the foregoing items shall be referred to herein as “Losses”). The Associates are hereby released by the Player from liability for any and all Losses. The Associates disclaim any and all warranties or guarantees, including any warranty of merchantability and warranty of fitness for any particular purpose. The foregoing limitations of liability shall apply whether the alleged liability or Losses are based on contract, negligence, tort, strict liability, or any other basis, even if the Associates have been advised of or should have known of the possibility of such losses and damages, and without regard to the success or effectiveness of other remedies.


Important: Notwithstanding anything else in these Rules, in no event shall the combined aggregate liability of all Associates for any Loss hereunder exceed the amount of any credits purchased by the Player in cash (i.e., not including any winnings).


16. Intellectual Property: Trademarks, patents, copyrights, names, likenesses, domain names, and content associated with or used in any of the Games is the property of SBG and may not be used by any other party without SBG’s written consent.


17. Extended Meanings: Unless otherwise specified in these Rules, words importing the singular include the plural and vice versa and words importing gender include all genders.


18. Currency: Unless otherwise indicated, all dollar amounts referred to in these Rules are in lawful money of Canada.


19. Technical and Other Changes: SBG at all times reserves the right to change, modify, or terminate the Games without notice and to take such other measures as SBG deems necessary or appropriate, in its sole and absolute discretion, to preserve the integrity of the Games or in the event that any Game or associated practices or equipment have become technically or otherwise corrupted. All Players are subject to disclosure of their winnings (including to any tax authorities, if necessary) and identifying information, to the extent that such disclosure is required by applicable law or provided for in these Rules. Regardless of how Players use prizes awarded to them (if any), Players are advised that all such awards may taxable in the hands of Players. Players are liable and responsible to pay all income and other taxes due in respect of any prize that received. All winning Players consent to the use of their names, home town, prizes won, and likenesses for promotional purposes by SBG / Got Skill and Establishment.


20. Void Where Prohibited: The Games, the Program, these Rules, and the Player’s participation in any of them are void where prohibited by applicable law and void in the Province of Quebec.


21. Force Majeure: SBG and Got Skill is not responsible for any damages caused by delay or failure to perform undertakings pursuant to these Rules when the delay or failure is due to fires, strikes, floods, acts of God or the state’s enemies, lawful acts of public authorities, or delays or defaults caused by common carriers, which cannot reasonably be foreseen or provided against.


22. Severability: If any provision of these Rules is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability attaches only to such provision and everything else in these Rules continues in full force and effect.


23. Contact Information: SBG / Got Skill can be contacted at the following address: 201 Creditview Rd., Vaughan, Ontario L4L 9T1 or by e-mail – info@gotskill.ca.
 

PRIVACY POLICY
At Skill Based Games (SBG) we want you to know that we value your security and privacy and have done everything possible to ensure that the information you provide to us and the transactions you perform are secure. The SBG Privacy Policy informs you about the ways we ensure that your privacy and the confidentiality of your information are protected. SBG reserves the right to change this policy at any time without advance notice and encourages you to review such policies regularly. Use of our services, games and website is also governed by terms and conditions which you should review prior to accepting. These terms and conditions also provide you with the opportunity to opt out of the program and games, should you so desire.


Skill Based Games (SBG) & Got Skill Privacy - Key Principles:
Collecting and Using Information
This Privacy Policy explains the purposes for which we collect information from or about you. If we wish to obtain information for any purpose not set out in this Privacy Policy, we will explain how we intend to use it at the time of collecting such information. We will limit the information we collect to what we need for those purposes, and we will use it only for those purposes. We will obtain your prior consent if we wish to use your information for any other purpose.


We ask you for personal information for a variety of purposes, including to establish and serve you as a SBG / Got Skill customer, marketing, promotional activities, account opening and servicing, play of our games, transaction, research, analysis, development and marketing of new products, and for issuing, by MADD Canada, a tax receipt.


We use your email address to communicate with you, to acknowledge any comments received from you and/or reply to your questions. If you wish to opt out of any use of your information or to withdraw your consent, you may do so at any time by following the procedures set out with any e-mails and we will no longer use that information for such purposes.


Releasing Information
We will only share your information with MADD Canada, Establishment where you opened your account, and where required by law.

 

Information Access and Accuracy

We will give you access to the information we retain about you, and will make every reasonable effort to keep your information accurate and up to date. SBG / Got Skill is not responsible for errors or problems that arise as a result of the provision of inaccurate information by you.
 

How We Protect Your Information

We will protect your information with technical safeguards and security measures. We will retain your information only for the time it is required for the purposes we explain.


All employees of SBG / Got Skill are familiar with and have agreed in writing to comply with the procedures that must be taken to safeguard customer information. To us, protecting the confidentiality of your information is more than a procedure - it is fundamental to who we are as an organization. Employee access to member information is also restricted to those employees who have a need to know for the purposes of carrying out their duties.


You should remember that you also play a valuable role in data security. You can set up a PIN# for your account and you should never share a Got Skill PIN# with anyone. If you feel that your PIN# has been compromised, please change it immediately. SBG / Got Skill will never ask you for your password in any unsolicited communication (including unsolicited correspondence such as letters, phone calls or email messages).
Visiting Our Web Site


When you go directly to the information portion of our website and move from page to page, read pages or download content onto your computer, we learn which pages are visited, what content is downloaded, and the address of the website that you visited immediately before coming to our websites. However, this information is measured only in aggregate and is not associated with you as an individual.


We use this information to determine how many people visit our websites and which sections of the sites are visited the most frequently. This helps us to know what type of information is most useful to you so that we can improve our websites to make it easier for you to access information. We record the statistical information on the numbers of visitors to our websites, but no information about you in particular will be kept or used.


Your Concerns Matter To Us
If you have any concerns or questions about privacy and confidentiality - or any concerns about the way a request for information was handled - please contact info@gotskill.ca


We will promptly respond to your request to ensure that your needs are met.