Terms and conditions must state that players are able to obtain their free bets if they have started qualifying for these before being notified of an account restriction.
When an operator informs a player that their account has been restricted, they must let them know that they are still able to take part in an existing promotion if they have already placed the qualifying bets.
If players have started to qualify for the free bet promotion, they must be told how they can receive any free bets that have been altered or removed.
Players must not find it more difficult to complete the qualifying bets as a result of account restrictions after they started to qualify for the free bet.
- If stake factoring meant that a player would be restricted from making their remaining qualifying bets on the most popular sections on a major football market, then that player would be materially restricted.
Do not use, enforce, or seek to rely on any term in a consumer contract or notice which has object 400 percent bonus casino or effect of:
- obliging consumers to participate in publicity promoting the operator or an associated business if required to do so
- deeming the consumer, by accepting and agreeing to the terms of such a contract or consumer notice, to have consented to the use of any personal information (including name) for promotional purposes for the benefit of the operator.
What you should do
Operators must not use terms and conditions that forces players to take part in publicity promoting the operator. Players must be willing to take part in any publicity and cannot be pressured or forced to take part and they should give their explicit consent to participate in any publicity.
Terms and conditions relating to Data Protection and GDPR must not be used as an indication that players have agreed to take part in publicity promoting the operator:
- players must opt into promotions rather than being automatically enrolled
- refer to our GDPR and Data protection information for further guidance in this area.
Ensure that when a player enters a promotion, operators have been given express and informed consent and the player has accepted the terms and conditions. Players must opt into promotions rather than being automatically enrolled.
What not to do
Operators cannot assume that a player has consented to take part in promotional activity by agreeing to the data protection and GDPR terms and conditions provided by operators.
An example of what not to do
- « As a member of our VIP scheme, you will be enrolled into our promotions and publicity activity. Please contact customer services if you wish to opt out of this. »
- Don’t enrol a consumer in any promotion without first obtaining the consumer’s express and informed consent to accept the terms and conditions of that specific promotion.
The right to vary a promotion
Not to use, enforce, or seek to rely on any term in a consumer contract or notice which has the object or effect of:
- permitting an operator to vary or discontinue a Promotion, or any part of it, in respect of a consumer who has opted into the Promotion, made a deposit in expectation of receipt of a Bonus, and/or commenced play in relation to the Promotion prior to the date of the communication of the variation, other than where necessary to prevent fraud or other similar unlawful behaviour
- reserving absolute discretion to an operator to determine either: (i) its liability to a consumer (ii) a consumer’s legal rights under the terms of a Promotion.