1. Organizer Information
The campaign is organized by GSH ONLINE MEDIA, a company registered and headquartered at Nestorel 1, District 4, River Plaza Building, Bucharest, Romania. The company ensures that all aspects of this campaign comply with applicable laws and regulations, including those specific to gambling in jurisdictions where participants reside.
2. Eligibility Criteria
Participation in the campaign is subject to specific criteria that ensure compliance with jurisdictional laws and maintain the integrity of the competition. These criteria encompass age restrictions, exclusions, and additional requirements.
2.1. Age Requirement
To ensure compliance with local and international laws, participants must meet the following age requirements:
2.1.1. General Requirement: Participants must be 18 years or older in most jurisdictions unless otherwise specified by local regulations.
2.1.2. United States:
Participants must be 21 years or older, in accordance with state gambling laws.
Some states, such as Nevada, New Jersey, and Pennsylvania, have stricter gambling compliance laws. Specific guidelines regarding age verification are required to be adhered to by state licensing authorities.
2.1.3 Canada:
The legal minimum age varies by province and depends on the type of gambling activity (casinos or lotteries):
18 Years: Alberta, Manitoba, Quebec, Saskatchewan (lottery and casinos).
19 Years: British Columbia, Ontario (casinos), Nova Scotia, Prince Edward Island, New Brunswick, Newfoundland and Labrador.
Participants must comply with provincial laws and regulations that govern online gambling activities, including those established by provincial lottery corporations.
2.1.4. European Union (EU):
The minimum legal age for participation is typically 18 years, as mandated by the laws of most EU member states.
Compliance with local laws may vary. For example:
Germany: Participants must comply with stricter identity and age verification requirements under the Interstate Treaty on Gambling (GlüStV).
Italy: Participants may be required to provide additional documentation under local regulatory oversight.
2.2. Exclusions
To uphold fairness and avoid conflicts of interest, the following individuals are excluded from participation:
• Employees and Affiliates:
Employees, representatives, affiliates, subsidiaries, holding companies, and advertising agencies associated with the campaign, or its organizer are ineligible.
This includes individuals involved in the design, production, or execution of the campaign.
• Immediate Family Members:
Immediate family members and individuals residing in the same household as ineligible parties are excluded to avoid any perceived bias.
• Restricted Territories:
Participants residing in banned territories, as outlined in the campaign’s terms, are not eligible. This includes jurisdictions where iGaming activities are prohibited or heavily restricted.
2.3. Additional Restrictions
To promote transparency and ensure equal opportunity for all participants, the following restrictions apply:
2.3.1. Email Verification:
Participants must provide a confirmed email address during registration.
Unverified email accounts will result in disqualification.
2.3.2. Single Registration:
Only one registration per IP address is allowed to prevent multiple entries by the same individual.
Attempts to circumvent this rule through VPNs, proxies, or other methods will result in disqualification and potential account suspension.
2.3.3. Geolocation Verification:
Participants must ensure they are physically located in a jurisdiction where participation is legal at the time of registration and during the campaign.
Geolocation technology may be used to verify participants’ locations.
2.4. Legal Compliance and Responsibilities
2.4.1. Participant Responsibility:
Participants are responsible for ensuring they meet all legal requirements of their jurisdiction before registering for the campaign.
2.4.2. Void Where Prohibited:
Participation is void in jurisdictions where online gambling or promotional campaigns are prohibited by law.
2.4.3. Data Accuracy:
Providing false or misleading information during registration will result in immediate disqualification and may lead to legal action.
2.4.4. Cross-Border Participation:
Participants from countries within the European Economic Area (EEA) must comply with GDPR and local gambling regulations.
US participants must adhere to state-specific laws and the federal Unlawful Internet Gambling Enforcement Act (UIGEA).
Canadian participants must meet the standards established by provincial regulatory bodies, such as the Alcohol and Gaming Commission of Ontario (AGCO).
3. Customer Eligibility Requirements
Participants must adhere to the following:
3.1. Individual Accounts: Only natural persons can hold accounts; companies or legal entities are prohibited.
3.2. Age Compliance: Participants must meet the age of majority as defined by their jurisdiction.
3.3. Agreement to Policies: All participants must agree to the campaign’s Terms and Conditions, Privacy Policy, and Responsible Gaming Policy.
3.4. Single Account Policy: Participants are limited to one account. Terminated accounts or accounts linked to violations are ineligible.
3.5. KYC Verification: Participants must complete the Know Your Customer (KYC) process, providing all requested documents and information.
3.6. Prohibited Affiliations: Participants must not be politically exposed persons (PEPs) or closely related to a domestic PEP.
3.7. Permitted Territories: Participation is restricted to residents of territories specified in the campaign terms.
4. Know Your Customer (KYC) Program
To maintain compliance with regulatory standards across jurisdictions and uphold the integrity of the campaign, GSH ONLINE MEDIA implements a comprehensive Know Your Customer (KYC) program. The program ensures that all participants meet eligibility requirements, while also preventing fraudulent activities, money laundering, and other illicit behaviors.
4.1. Documentation Requirements
Participants may be required to submit one or more of the following documents for verification:
• Valid Government-Issued Identification:
Examples: Passport, national ID card, driver’s license.
Must be current and not expired.
• Proof of Residence:
Examples: Utility bills, bank statements, or official correspondence showing name and address.
Must be dated within the past 90 days and match the registered account details.
• Proof of Payment Method (if applicable):
Examples: Bank account ownership documents, screenshots of payment accounts, or card statements.
• Additional Documents:
Participants may be required to submit documents such as tax identification numbers, proof of income, or other documents depending on jurisdictional requirements.
4.2. Jurisdictional Compliance
4.2.1. United States: The KYC program aligns with the regulations outlined by the Bank Secrecy Act (BSA) and FinCEN (Financial Crimes Enforcement Network) to combat money laundering and fraud. Requirements include:
Verification of identity using Social Security Numbers (SSNs) where applicable.
Additional scrutiny for individuals flagged as Politically Exposed Persons (PEPs) or linked to high-risk activities.
Enhanced due diligence in states with stricter gambling regulations, such as Nevada or New Jersey.
4.2.2. Canada: Compliance is maintained under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA), which mandates:
Verification of identity for participants using Canadian-issued IDs.
Distinct KYC protocols based on province-specific gambling regulations (e.g., Alberta and Ontario have distinct frameworks).
Reporting suspicious transactions or activities to the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC).
4.2.3. European Union: Adherence to the 4th and 5th Anti-Money Laundering Directives (AMLD) ensures compliance across EU member states. Key measures include:
Cross-border identity checks for participants in EU countries.
Collaboration with local regulatory bodies such as the UK Gambling Commission (UKGC) and Malta Gaming Authority (MGA) for participants from the UK or Malta.
Monitoring and reporting of suspicious transactions in compliance with the General Data Protection Regulation (GDPR).
4.3. Compliance Process
• Submission Timeline: Participants must provide all requested documents within the timeframe specified by the organizer.
• Verification Methods: Documents will be verified through secure electronic methods and may include video verification for additional security.
• Ongoing Monitoring: Accounts may be subject to periodic reviews, and participants may be required to resubmit updated documentation.
4.4. Consequences of Non-Compliance
Failure to comply with KYC requirements may result in:
• Temporary account suspension until verification is completed.
• Permanent account closure and forfeiture of winnings or prizes.
• Reporting of suspicious activities to relevant authorities, as mandated by law.
This enhanced KYC program ensures compliance with local and international legal frameworks, reinforcing transparency, security, and fair play.
5. Banned Territories
To ensure compliance with international gambling laws and regulatory frameworks, participants from certain jurisdictions are prohibited from participating in the campaign. This is due to legal restrictions, licensing requirements, or regulatory considerations.
5.1. United States
Participants are prohibited from participating in the campaign if they are residents of or physically present in the following US states:
• Kentucky: Prohibition aligns with restrictive state laws that limit most forms of gambling, including online gaming.
• Idaho: State laws explicitly ban most forms of gambling, including promotional gaming activities.
• Washington: Online gambling is strictly prohibited under state law, making campaign participation illegal.
• Nevada: Although Nevada allows licensed online gambling, participation in unlicensed or non-localized campaigns is prohibited to ensure compliance with the Nevada Gaming Control Board regulations.
Additional Considerations for US Jurisdictions:
• Participants must ensure compliance with the Unlawful Internet Gambling Enforcement Act (UIGEA), which governs financial transactions related to online gambling.
• Campaigns operating across US borders may require licensing agreements in states like
New Jersey, Pennsylvania, or Michigan.
5.2. Canada
While gambling is legal in Canada, participants from provinces or territories with restrictive regulations or insufficient licensing frameworks may be restricted:
• General Restrictions: Campaigns must comply with the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA) and provincial gaming laws.
• Prohibited Territories: None explicitly listed under current provincial laws, but participants must reside in and be physically present in provinces where gambling campaigns are authorized, such as Ontario or British Columbia.
• Indigenous Gaming Frameworks: Some territories with distinct gaming agreements may impose specific limitations.
5.3. European Union (EU)
Participants from EU member states may face restrictions due to national-level gambling laws or licensing agreements:
• United Kingdom: Prohibited due to regulatory requirements under the UK Gambling Commission (UKGC), which mandates local licensing for operators offering services to UK residents.
• Malta: Despite being an iGaming hub, participation in unlicensed campaigns is prohibited under the Malta Gaming Authority (MGA).
• Netherlands: Participation is restricted under the Dutch Remote Gambling Act, which requires operators to hold a valid Dutch license.
Additional EU Considerations:
• Campaigns must comply with the 4th and 5th Anti-Money Laundering Directives (AMLD)
and GDPR to operate within EU territories.
• Some EU countries, such as Germany, impose stricter regional restrictions under the
Interstate Treaty on Gambling (GlüStV).
5.4. Other International Restrictions
Participants from the following countries are prohibited due to strict gambling laws or international sanctions:
• Australia: The Interactive Gambling Act (IGA) restricts most forms of online gambling.
• North Korea: Gambling activities are strictly illegal under national law.
• Ukraine: Participation is restricted due to legal and regulatory uncertainties in the gambling sector.
• Romania: Participation is prohibited unless the organizer holds a valid license under the
Romanian National Gambling Office (ONJN).
• Serbia, India, Montenegro: Local gambling laws impose prohibitions on unlicensed foreign operators.
• Netherlands Antilles, Antigua and Barbuda: Prohibited due to licensing complexities and regulatory gaps.
5.5. Organizer Rights and Amendments
• Dynamic Restrictions: The organizer reserves the right to update or amend the list of prohibited jurisdictions at any time, in accordance with changes in legal or regulatory frameworks.
• Participant Responsibility: It is the participant’s responsibility to ensure they are not residing in or accessing the campaign from a prohibited jurisdiction.
5.6. Enforcement and Compliance Mechanisms
To ensure adherence to these restrictions:
• Geolocation Technology: Participants’ locations may be verified using advanced geolocation software to confirm compliance with territorial restrictions.
• IP Monitoring: The organizer may monitor IP addresses to detect and block access from prohibited jurisdictions.
• KYC Verification: Residency and location will be verified as part of the Know Your Customer (KYC) process, requiring participants to provide valid proof of residence.
• Legal Action: Participants found violating these restrictions may have their accounts terminated, prizes forfeited and could face reporting to relevant regulatory authorities.
6. Tournament Rules and Scoring Mechanisms
Each tournament will outline specific rules and scoring mechanisms prior to its commencement. These mechanisms are designed to ensure fair play, compliance with local regulations, and an engaging experience for participants. Below are the expanded details, incorporating jurisdiction- specific considerations for the United States, Canada, and European Union (EU).
6.1. Scoring Methods
Participants will accumulate points based on the following scoring methods, which may vary by tournament:
• Max Multiplier:
Points are awarded based on the highest game multiplier achieved during gameplay.
Jurisdictional Compliance:
US: States like New Jersey and Pennsylvania require clear and transparent calculation methods to prevent disputes.
Canada: Provincial gaming commissions may audit scoring methodologies to ensure integrity.
EU: Aligns with fair play principles mandated by local gambling authorities such as the UK Gambling Commission (UKGC).
• Profitability:
Points are awarded based on net profit over the tournament period, calculated as total winnings minus total bets placed.
Considerations:
• Activity:
Participants must comply with local tax obligations in jurisdictions where winnings are taxable (e.g., US IRS reporting rules, Canadian CRA guidelines).
Points are awarded based on the number of spins completed during the tournament.
Compliance Note:
EU: Under responsible gaming practices, limits may be placed on spin counts to prevent excessive play, as mandated by authorities like the Malta Gaming Authority (MGA).
• Mixed Scoring:
A combination of the above criteria providing a more dynamic and competitive scoring system.
Transparency Requirement: Clear documentation of scoring combinations must be provided to participants, particularly in regulated US states and EU member countries.
6.2. Daily Participation
• Point Accumulation: Participants can accumulate points daily according to tournament rules, with updates provided in real-time on the leaderboard.
• Jurisdictional Considerations:
US: Daily updates comply with state-mandated requirements for player transparency and data reporting.
Canada: Provincial regulations, such as those under the AGCO (Ontario), may require reporting of daily activity metrics to regulatory bodies.
EU: The GDPR mandates real-time leaderboard updates to be anonymized to protect participant identities.
6.3. Leaderboard Restrictions
• Single Prize Rule: Participants are eligible to win only one prize per tournament leaderboard, regardless of the number of accounts detected.
• Anti-Fraud Measures:
US: The Unlawful Internet Gambling Enforcement Act (UIGEA) enforces strict measures to prevent multiple account usage and prize manipulation.
Canada: Provincial gaming authorities use geolocation and identity verification tools to monitor compliance.
EU: Cross-border participation in EU tournaments may require stricter controls under the 4th and 5th AMLDs to prevent fraudulent activities.
6.4. Fair Play and Compliance Measures
To maintain transparency and integrity, the following measures will be implemented:
1) Automated Scoring Systems: Scoring will be managed by automated systems audited by independent regulatory authorities in compliance with local laws (e.g., Nevada Gaming Control Board (US), AGCO (Canada), MGA (EU)).
2) Geolocation Verification: Participants must be physically present in permitted jurisdictions during gameplay, verified through geolocation software.
3) Responsible Gaming Protocols: Spin limits, deposit caps, and playtime notifications will be implemented where required (e.g., Ontario, Germany).
4) Dispute Resolution: Disputes related to scoring or leaderboard standings must be resolved through the organizer’s established dispute resolution process. In jurisdictions like the US, participants may escalate unresolved disputes to state regulatory bodies.
6.5. Jurisdictional Compliance Summary
1) United States: Scoring and participation must comply with state-specific gambling laws. For instance:
New Jersey and Pennsylvania require transparent prize allocation mechanisms.
Real-time updates and record retention align with federal and state audit requirements.
2) Canada:
Tournaments must align with provincial gaming standards, particularly under the
AGCO (Ontario), which regulates online gambling leaderboards and scoring.
Reporting obligations may include providing player activity metrics to provincial regulators.
3) European Union:
Scoring systems must adhere to fairness principles enforced by local regulators such as the UKGC and MGA.
The GDPR mandates anonymization of leaderboard data to protect player identities.
7. Prizes and Notifications
The distribution of prizes is subject to strict compliance with local, national, and international legal standards. This ensures fairness, transparency, and regulatory adherence across jurisdictions, including the United States, Canada, and the European Union (EU).
7.1. Notification
• General Policy:
Winners will be notified via the email address associated with their account.
Winners must confirm their acceptance of the prize within 7 calendar days of the notification.
• Non-Response or Ineligibility:
Failure to confirm within the specified time frame will result in automatic forfeiture of the prize.
Unclaimed prizes may be retained by the organiser or redistributed, depending on campaign-specific terms.
• Jurisdictional Compliance:
United States: State laws in jurisdictions like Nevada or New Jersey may require the organizer to attempt multiple notifications before declaring a prize unclaimed.
Canada: Provincial regulators, such as the Alcohol and Gaming Commission of Ontario (AGCO), may require detailed logs of notification attempts.
EU: Under the General Data Protection Regulation (GDPR), all notifications must be handled securely, and participants have the right to request details of data used for notification purposes.
7. 2. Verification
Prizes will only be awarded upon successful completion of the following verification steps:
1) KYC Process: All winners must complete the Know Your Customer (KYC) verification by providing the required documentation, including:
Valid government-issued ID (passport, driver’s license, etc.).
Proof of residence (utility bill, bank statement).
Payment method verification, if applicable.
2) Signed Handover-Acceptance Report:
Winners must sign an official report acknowledging receipt of the prize.
The report serves as proof of prize distribution and may be required by regulatory authorities.
3) Jurisdictional Considerations:
United States:
Federal regulations, such as the Unlawful Internet Gambling Enforcement Act (UIGEA), mandate strict verification processes for prize distribution to prevent fraud.
State-level authorities (e.g., Nevada Gaming Control Board) may require additional documentation for large prizes.
Canada:
Winners must comply with provincial gaming laws, including KYC verification under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA).
European Union:
The KYC process must comply with the 4th and 5th Anti-Money Laundering Directives (AMLD) and GDPR.
Winners’ identities and prize distributions may be audited by local authorities like the Malta Gaming Authority (MGA).
7.3. Disqualification Rights
The organizer reserves the right to disqualify participants at any stage if they are found in violation of the rules. Grounds for disqualification include, but are not limited to:
1) Non-Compliance with Terms:
Participants failing to meet eligibility requirements or adhere to campaign rules may be disqualified.
2) Fraudulent Activities:
Attempts to manipulate results, create multiple accounts, or bypass geolocation and KYC processes will result in disqualification.
US: Such actions may be reported to state regulatory bodies, and participants could face additional penalties.
Canada: Fraudulent activities may trigger reporting to FINTRAC under anti-money laundering regulations.
EU: Violations could result in penalties under GDPR and AMLD frameworks.
3) Jurisdictional Prohibitions:
Participants accessing the campaign from prohibited jurisdictions, such as Washington (US), Australia, or Romania, may be disqualified and prizes forfeited.
7. 4. Tax Obligations
1) United States:
Prizes over $600 must be reported to the IRS, and winners may be required to complete a W-9 form.
Taxes on prizes are the sole responsibility of the winner, and the organizer may withhold applicable amounts based on IRS guidelines.
2) Canada:
Gambling winnings are generally not taxable for residents; however, professional gamblers may need to report their winnings as income.
The organizer will provide documentation if required by provincial authorities.
3) European Union:
Tax obligations vary by country, for example:
Germany: Winnings may be subject to income tax.
Malta: Winnings are typically not taxable unless gambling is a professional activity.
7.5. Transparency and Accountability
To ensure fairness and transparency:
• Prize distribution records will be retained for a minimum of five years to comply with legal and regulatory obligations.
• Winners can request proof of prize allocation and verification compliance in jurisdictions that require such transparency, such as the EU under GDPR.
8. Prize Claims and Limitations
Prize claims are subject to specific terms and conditions designed to ensure compliance with applicable laws and regulations across the United States, Canada, and the European Union (EU). These provisions safeguard the interests of both the organizer and participants while promoting fairness and transparency.
8.1. Organizer Responsibility
• General Limitation of Liability:
The organizer is not liable for defects or faults in prizes once they have been distributed to the winner.
Prizes are awarded "as is," with no warranties, either express or implied, unless specifically stated by the prize provider.
• Jurisdictional Considerations:
United States: Liability disclaimers align with federal and state consumer protection laws. For example:
Participants in California may be entitled to specific consumer protections under the California Civil Code, provided such limitations do not contravene state law.
Canada: Provincial regulations, such as those governed by the Alcohol and Gaming Commission of Ontario (AGCO), require clear disclosure of prize limitations to participants.
European Union: Under EU Directive 2019/2161 on consumer protection, participants may be entitled to remedies for defective products, but only against the prize manufacturer or provider, not the organiser.
8.2. Forfeiture and Reclaim
• Eligibility and Compliance:
Prizes may be forfeited or reclaimed if participants are found to:
1. Have violated the terms and conditions.
2. Failed to comply with eligibility criteria, including KYC verification.
3. Access the campaign from prohibited jurisdictions.
• Fraudulent Activity:
Participants engaging in fraudulent activities, such as multiple account registrations or prize manipulation, may forfeit their winnings and face disqualification.
US: Such actions may be reported to regulatory bodies, like the Federal Trade Commission (FTC) or state gambling authorities.
Canada: Violations may trigger reporting to FINTRAC under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA).
EU: Fraudulent behavior could result in penalties under the 4th and 5th Anti- Money Laundering Directives (AMLD).
• Reclamation Process:
The organizer reserves the right to reclaim a distributed prize if post-distribution investigations reveal a breach of terms.
Winners may be required to return the prize or compensate the organizer for its equivalent value.
8.3. Unclaimed Prizes
• Retention of Ownership:
Prizes that are unclaimed within the stipulated time frame will remain the property of the organizer.
Unawarded prizes may be used at the organizer’s discretion, including redistribution in subsequent campaigns or charitable donations.
• Jurisdictional Considerations:
United States: In some states, unclaimed prizes may be subject to escheat laws, requiring the organizer to remit the prize value to the state treasury after a certain period.
Canada: Provincial regulations, such as those under the Gaming Control Act, may require unclaimed prizes to be reported to the relevant gaming authority.
European Union: Under EU consumer protection laws, organizers must ensure that participants are adequately notified of prize claim deadlines to avoid disputes over unclaimed rewards.
8.4. Additional Limitations
• Force Majeure:
The organizer will not be held responsible for the inability to distribute prizes due to unforeseen circumstances, such as natural disasters, regulatory changes, or other events beyond their control.
• Tax Obligations:
United States: Winners are responsible for reporting prizes to the IRS and paying any applicable taxes. For prizes exceeding $600, the organizer may issue a Form 1099-MISC to the winner.
Canada: Gambling winnings are typically not taxable, but exceptions apply to professional gamblers who must declare earnings as income.
European Union: Taxation of prizes varies by country, with some requiring winners to report large-value prizes as part of their income.
8.5. Dispute Resolution
• Transparent Processes:
Any disputes regarding prize claims will be handled through the organizer’s established dispute resolution process.
Participants retain the right to escalate unresolved issues to regulatory authorities in their jurisdiction.
• Jurisdictional Redress:
US: Participants may escalate disputes to state gambling commissions or small claims court.
Canada: Provincial gaming regulators, such as the AGCO (Ontario), may mediate unresolved claims.
EU: Participants may escalate disputes to local consumer protection agencies or seek redress under EU Directive 2013/11 on Alternative Dispute Resolution (ADR).
9. Consent to Data Processing
By participating in this campaign, individuals consent to the collection, processing, and storage of their personal data for purposes including, but not limited to, identity verification, compliance with legal obligations, fraud prevention, and prize fulfillment. The organizer, GSH ONLINE MEDIA, ensures all data processing adheres to applicable international and jurisdiction-specific data protection laws.
9.1. Data Protection Across Jurisdictions
1) European Union (EU): The organizer complies with the General Data Protection Regulation (GDPR), which governs data processing for EU residents.
Legal Basis for Processing: Data is processed under the principles of consent (Art. 6(1)(a)) and legal obligation (Art. 6(1)(c)) for KYC compliance and fraud prevention.
Rights of Participants:
Right to access, rectify, or delete personal data.
Right to data portability.
Right to object to certain types of data processing.
Right to lodge a complaint with the relevant supervisory authority in the EU.
Data Minimization: Only the data necessary for the stated purposes will be collected.
2) United States (US): For US participants, the organizer complies with state-specific privacy laws and the California Consumer Privacy Act (CCPA) where applicable.
Scope of Protection:
Participants have the right to know what personal data is being collected, how it is used, and whether it is shared with third parties.
Participants can request deletion of their data unless it is required to meet legal obligations (e.g., KYC regulations).
Data cannot be sold or shared without explicit consent.
Additional Federal Regulations:
Compliance with Gramm-Leach-Bliley Act (GLBA) for financial data security in relation to payment methods.
Alignment with Children's Online Privacy Protection Act (COPPA), ensuring minors are not targeted.
3) Canada: Compliance with the Personal Information Protection and Electronic Documents Act (PIPEDA) ensures Canadian participants' data is processed securely and transparently.
Principles of PIPEDA:
Data must be collected with the participant's knowledge and consent.
Participants can access their data and challenge its accuracy.
Personal data is only used for the purposes for which it was collected.
Provincial Privacy Laws: Additional protections apply in provinces with their own privacy laws, such as Quebec’s Act Respecting the Protection of Personal Information in the Private Sector.
9.2. Secure Data Handling Practices
The organizer implements robust measures to ensure the confidentiality and security of participant data:
1) Encryption and Access Control:
All personal data is encrypted during transmission and at rest.
Access to personal data is restricted to authorized personnel and only for necessary purposes.
2) Data Retention Policy:
Personal data is retained only as long as necessary for compliance with legal obligations or for the purposes of the campaign. Once the purpose is fulfilled, data is securely deleted or anonymized.
3) Third-Party Sharing:
Personal data is not shared with third parties except for legal compliance or regulatory reporting.
If shared, data processors are contractually obligated to adhere to the same standards of data protection.
4) Cross-Border Data Transfers:
Data transfers between jurisdictions adhere to applicable safeguards, such as Standard Contractual Clauses (SCCs) under GDPR or equivalent frameworks in the US and Canada.
9.3. Participant Rights and Redress Mechanisms
• Data Access Requests: Participants may request a copy of the data held about them and seek corrections for inaccuracies.
• Objections and Withdrawals: Consent can be withdrawn at any time, although withdrawal may affect participation in the campaign.
• Complaints:
EU residents may contact their Data Protection Authority (DPA).
US participants may report violations to the Federal Trade Commission (FTC) or their state attorney general.
Canadian residents can contact the Office of the Privacy Commissioner of Canada (OPC).
9.4. Compliance Monitoring and Updates
The organizer regularly reviews and updates its data processing policies to remain aligned with evolving laws and industry standards across the EU, US, and Canada. These measures ensure participants’ rights are respected while maintaining legal compliance and the integrity of the campaign.
10. Game and Participation Disclaimer
This campaign is designed to ensure fair play, compliance with international legal standards, and participant enjoyment within the scope of applicable laws in the United States, Canada, and the European Union (EU).
10.1. No Real Money
• Platform Purpose:
The platform operates strictly for entertainment purposes and does not involve real-money gambling.
Participants engage in simulated gameplay where prizes are awarded without requiring monetary stakes.
• Legal Compliance:
United States:
This disclaimer aligns with the Unlawful Internet Gambling Enforcement Act (UIGEA), which prohibits financial institutions from processing payments for unlicensed gambling operations. The platform's non- monetary nature ensures compliance.
In states like Nevada, New Jersey, and Pennsylvania, free-play platforms are allowed if they do not offer real-money gambling services.
Canada:
In compliance with the Canadian Criminal Code, the absence of real- money wagering means the platform is exempt from licensing requirements that apply to monetary gambling services.
The platform's entertainment-only model ensures it is outside the scope of provincial regulators like the Alcohol and Gaming Commission of Ontario (AGCO).
European Union:
Non-monetary platforms are generally exempt from gambling regulations under the EU Gambling Framework, provided no real money is exchanged.
The platform’s entertainment status ensures compliance with regulatory bodies like the Malta Gaming Authority (MGA) and the UK Gambling Commission (UKGC).
10.2. Void Where Prohibited
• Jurisdictional Restrictions:
The campaign is void in regions where participation violates local laws or gaming regulations.
Participants are responsible for ensuring that their involvement in the campaign is permitted within their jurisdiction.
• US-Specific Restrictions:
Certain states have stricter regulations regarding gambling-related promotions, even for non-monetary platforms. For example:
Washington State: Explicitly prohibits certain gaming activities under its gambling laws.
Idaho and Kentucky: Restrict gaming platforms that simulate gambling mechanics, even if no real money is involved.
• Canada-Specific Restrictions:
While free-play platforms are generally allowed, some provinces may impose limitations on promotional campaigns involving prizes. For example:
Quebec: Requires prior approval from regulatory bodies for promotional activities that involve prize distribution.
Alberta and Ontario: Free-play platforms must ensure participants are of legal gambling age and meet other local compliance requirements.
• EU-Specific Restrictions:
Free-play gaming platforms are typically permitted, but restrictions may apply in certain countries with stricter national gambling laws. For instance:
Germany: The Interstate Treaty on Gambling (GlüStV) imposes strict controls on online gaming platforms, requiring them to verify participants' locations and ensure compliance with national regulations.
Italy: Promotional gaming campaigns must be reviewed by local gambling authorities to ensure compliance with advertising and prize distribution laws.
10.3. Geolocation and Participant Verification
To uphold these disclaimers, the platform uses advanced technologies to enforce compliance:
• Geolocation Technology:
Ensures participants access the platform from permitted jurisdictions.
Automatically blocks access from restricted areas, such as Washington (US) or
North Korea.
• Age and Residency Verification:
Participants must verify their age and residency during registration, ensuring they meet local legal requirements (e.g., 21+ in the US, 18/19+ in Canada, 18+ in the EU).
10.4. Additional Legal Considerations
• Consumer Protection:
Participants are entitled to clear and accurate information about the platform's non-monetary nature under consumer protection laws, such as the California Consumer Privacy Act (CCPA) in the US, PIPEDA in Canada, and the General Data Protection Regulation (GDPR) in the EU.
• Advertising Regulations:
Promotional campaigns must comply with local advertising rules:
US Federal Trade Commission (FTC) requires disclosures about the non- monetary nature of gameplay in all marketing materials.
Canada’s Competition Bureau mandates clear and truthful advertising for campaigns offering prizes.
EU Directive 2005/29/EC ensures advertising is not misleading, especially in jurisdictions like France or Italy, where stricter rules apply.
10.5. Dispute Resolution and Enforcement
• Disputes Related to Jurisdictional Restrictions:
Participants accessing the platform from restricted areas may forfeit their right to claim prizes.
Disputes regarding restrictions will be resolved through the organizer’s established processes.
• Enforcement of Prohibitions:
The organizer reserves the right to disqualify participants found violating jurisdictional restrictions and may report violations to relevant authorities in regions such as the US, Canada, or the EU.
11. Complaints and Disputes
The organizer is committed to providing a transparent and efficient process for addressing complaints and disputes. This process ensures compliance with legal standards and regulatory requirements in the United States, Canada, and the European Union (EU), while safeguarding the rights of participants.
11.1. Complaint Submission Process
• How to File a Complaint: Complaints regarding campaign operations must be submitted to [email protected] within the stipulated time frame outlined in the campaign’s terms and conditions.
• Required Information: Participants should include the following details when filing a complaint:
Full name and registered email address.
Detailed description of the issue.
Supporting evidence (e.g., screenshots, transaction records, or relevant correspondence).
• Acknowledgment of Complaints: The organizer will acknowledge receipt of the complaint within 48 hours and provide an estimated resolution timeline.
11.2. Dispute Resolution
• Resolution Process:
Complaints will be reviewed by the organizer’s dispute resolution team.
Participants will receive a formal response within 14 business days, outlining the organizer’s decision and any applicable remedies.
• Finality of Decisions:
Complaints made after the prize acceptance process is complete will not be entertained, as participants formally agree to the terms at the time of prize acceptance.
11.3. Jurisdictional Requirements
1) United States:
State-Level Dispute Mechanisms:
In regulated states like New Jersey, Pennsylvania, or Nevada, participants may escalate disputes to state gaming commissions if the organiser’s response is unsatisfactory.
State laws require operators to maintain detailed records of complaint resolutions for regulatory audits.
Federal Trade Commission (FTC) Compliance:
Complaints related to false advertising, unfair practices, or transparency issues can be reported to the FTC.
2) Canada:
Provincial Gaming Authorities:
Disputes unresolved by the organiser may be escalated to provincial regulators such as the Alcohol and Gaming Commission of Ontario (AGCO) or equivalent bodies in other provinces.
Provincial laws often mandate that operators provide clear escalation pathways for disputes.
Consumer Protection Acts:
Participants may file complaints under provincial consumer protection laws for issues related to misleading practices or breach of contract.
3) European Union (EU):
Alternative Dispute Resolution (ADR): Under Directive 2013/11/EU, participants have the right to seek mediation or arbitration through approved ADR entities if their complaint is not resolved by the organizer.
Online Dispute Resolution (ODR) Platform: EU residents can file complaints through the EU ODR platform, which facilitates dispute resolution between consumers and businesses operating in the EU.
National Regulators: Participants may escalate unresolved complaints to national gambling authorities, such as the Malta Gaming Authority (MGA) or the UK Gambling Commission (UKGC), depending on the jurisdiction.
11.4. Data Protection During Dispute Resolution
• Privacy Compliance: All complaint-related data will be handled in compliance with privacy laws, such as:
General Data Protection Regulation (GDPR) in the EU.
California Consumer Privacy Act (CCPA) in the US.
Personal Information Protection and Electronic Documents Act (PIPEDA)
in Canada.
• Record Retention: The organizer will retain records of complaints and resolutions for a minimum of five years, in line with regulatory requirements.
11.5. Escalation and Legal Recourse
• Internal Escalation:
If a participant is dissatisfied with the organizer’s resolution, they may request a review by a senior member of the dispute resolution team.
• Legal Recourse:
Participants may seek legal remedies in their jurisdiction if all internal and external dispute resolution mechanisms fail.
• Jurisdiction-Specific Legal Recourse:
US: Participants can file claims with small claims courts or relevant state authorities if eligible under local laws.
Canada: Complaints can be escalated to provincial small claims courts or consumer protection agencies.
EU: Consumers can take unresolved disputes to national courts or EU consumer protection agencies under cross-border dispute frameworks.
11.6. Exclusions
• Post-Prize Acceptance Complaints: Once participants have formally accepted a prize and completed all necessary documentation, complaints regarding the prize or campaign are not entertained.
• Frivolous Complaints: The organizer reserves the right to dismiss complaints deemed frivolous, abusive, or lacking sufficient evidence.
12. Force Majeure
The organizer reserves the right to suspend, modify, or terminate campaign operations in the event of unforeseen circumstances that render the continuation of the campaign impossible or impractical. This provision, known as Force Majeure, ensures compliance with legal frameworks in the United States, Canada, and the European Union (EU) while protecting the interests of all parties.
12.1. Definition and Scope of Force Majeure
Force Majeure refers to events beyond the reasonable control of the organizer, including but not limited to:
• Natural Disasters: Earthquakes, floods, hurricanes, or other extreme weather events.
• Regulatory Changes: Sudden changes in gambling laws or regulations impact the legality of the campaign.
• Technological Failures: Widespread internet outages, cybersecurity breaches, or platform malfunctions.
• Civil Unrest or Political Events: War, riots, government-imposed restrictions, or other forms of civil disruption.
• Pandemics and Public Health Emergencies: Outbreaks of infectious diseases or government-imposed lockdowns that restrict operations.
12.2. Jurisdictional Considerations
1) United States:
US contract law typically enforces Force Majeure clauses when unforeseen events directly prevent the fulfilment of obligations.
State-specific regulations, such as those in California, require campaigns to notify participants of suspension or termination due to Force Majeure.
Compliance with the Federal Trade Commission (FTC) guidelines ensures that participants are informed of their rights in such situations.
2) Canada:
Under Canadian contract law, Force Majeure clauses are recognized and enforceable if the event is unforeseeable and beyond the organizer’s control.
Provincial gaming authorities, such as the Alcohol and Gaming Commission of Ontario (AGCO), may require campaigns to report any disruptions caused by Force Majeure.
3) European Union (EU):
The European Consumer Protection Framework permits organizers to invoke Force Majeure clauses, provided participants are promptly notified of any changes.
National laws in member states, such as France and Germany, mandate detailed records of the Force Majeure event and its impact on operations.
The organizer must comply with the General Data Protection Regulation (GDPR)
to ensure participants’ data is securely managed during disruptions.
12.3. Notification and Communication
• Participant Notification:
In the event of Force Majeure, participants will be notified via email or other registered contact methods.
Notifications will include:
The nature of the Force Majeure event.
The impact on campaign operations.
Steps taken to mitigate disruptions or resume operations.
• Timely Updates:
Regular updates will be provided to keep participants informed of the campaign's status.
12.4. Impact on Prizes and Participation
1) Suspension of Campaign:
If campaign operations are temporarily suspended due to Force Majeure, participants' progress (e.g., leaderboard positions, accumulated points) will be preserved where possible.
2) Cancellation of Campaign:
In cases where the campaign cannot resume, prizes may be redistributed or forfeited as outlined in the terms and conditions.
Jurisdictional laws, such as those in California, Ontario, or the EU, may require the organizer to refund entry fees or compensate participants if applicable.
12.5. Organizer’s Liability
• Limitation of Liability:
The organizer is not liable for delays or failures caused by Force Majeure events, if reasonable efforts are made to mitigate the impact.
US: Liability disclaimers are enforceable under state contract laws, provided they are clearly outlined in the terms and conditions.
Canada: Provincial gaming commissions generally allow liability limitations during Force Majeure events if participants are notified in a timely manner.
EU: Liability limitations must comply with Directive 93/13/EEC on unfair terms in consumer contracts.
12.6. Resumption of Operations
• Mitigation Efforts:
The organizer will make all reasonable efforts to resume operations as soon as the Force Majeure event is resolved.
This may include platform repairs, adjustments to campaign timelines, or seeking regulatory approvals considering new laws.
• Adjusted Campaign Terms:
The organizer reserves the right to amend campaign timelines, prize structures, or participation rules following the resolution of Force Majeure events.
13. Amendments
The organizer reserves the right to amend these terms and conditions without prior notice.
14. Fraud Prevention and Participant Responsibility
To maintain the integrity of the campaign and comply with international regulations, the organizer enforces strict measures to prevent fraud and ensure participants adhere to fair play principles. This policy aligns with legal standards in the United States, Canada, and the European Union (EU).
14.1. Definition of Fraudulent Activities
Fraudulent activities include, but are not limited to:
• Account Manipulation:
Creating multiple accounts to gain an unfair advantage.
Using fake or stolen identities to bypass the Know Your Customer (KYC) process.
• Exploitation of Tournament Systems:
Exploiting bugs, loopholes, or other system vulnerabilities to manipulate scoring or results.
Automating gameplay through the use of bots, scripts, or unauthorized software.
• Tampering with Campaign Operations:
Attempting to hack or interfere with the campaign platform.
Colluding with other participants to skew outcomes.
14.2. Consequences of Fraudulent Activities
Participants found engaging in fraudulent activities will face the following penalties:
• Immediate Disqualification:
Participants will be removed from the campaign and forfeit all points, prizes, or rewards.
• Account Suspension or Termination:
Fraudulent accounts will be permanently banned.
• Legal Action:
The organizer reserves the right to pursue civil or criminal action against participants found to have violated the terms.
Jurisdiction-specific actions may include reporting to local authorities or gaming regulators.
14.3. Jurisdictional Enforcement
1) United States:
State Regulations:
States like New Jersey, Nevada, and Pennsylvania mandate strict anti- fraud measures for gaming operations.
Fraudulent activities may be reported to state gaming control boards, which can impose fines or revoke gaming privileges.
Federal Laws:
Fraudulent online activities may violate the Computer Fraud and Abuse Act (CFAA) or the Wire Fraud Act, leading to federal investigations and prosecutions.
2) Canada:
Provincial Oversight:
Provincial gaming regulators, such as the Alcohol and Gaming Commission of Ontario (AGCO), impose strict penalties for fraud, including banning offenders from licensed gaming platforms.
Fraudulent transactions may be reported to the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC) under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA).
Criminal Code of Canada:
Fraudulent gaming activities can result in charges under the Criminal Code of Canada, with penalties including fines and imprisonment.
3) European Union (EU):
Gaming Regulations:
National regulators, such as the Malta Gaming Authority (MGA) and the UK Gambling Commission (UKGC), require operators to report fraud cases and ban offenders from future participation.
Cross-border fraud may be investigated under the European Cybercrime Centre (EC3).
GDPR Compliance:
Fraudulent activities involving data manipulation or identity theft will be reported to local data protection authorities, as required under the General Data Protection Regulation (GDPR).
14.4. Participant Responsibilities
All participants must adhere to the following fair play principles:
• Honest Participation:
Participants must use their own identities and ensure all account information is accurate.
• Respect for Rules:
Participants must comply with all campaign terms and conditions, including rules specific to tournament scoring and participation.
• No Unauthorized Tools:
Participants are prohibited from using unauthorized tools or methods to automate gameplay or manipulate results.
14.5. Fraud Detection and Prevention Measures
The organizer employs advanced technologies and protocols to detect and prevent fraudulent activities:
1) Automated Fraud Detection Systems:
Algorithms monitor for suspicious activity, such as rapid account creation, unusual gameplay patterns, or multiple logins from the same IP address.
2) Geolocation Verification:
Ensures participants are accessing the platform from permitted jurisdictions and not using VPNs or proxies to bypass restrictions.
3) KYC Verification:
Identity verification through government-issued IDs and proof of address to prevent account manipulation.
4) Audit Trails:
Detailed logs of participant activity are maintained for auditing and investigation purposes.
5) Reporting Mechanisms:
Participants can report suspected fraudulent activities through the platform’s support system.
14.6. Transparency and Reporting
• Participant Notification:
Participants found in violation of fair play principles will be notified of their disqualification and the reasons for the decision.
• Reporting to Authorities:
Fraud cases may be reported to relevant authorities, including state or provincial gaming commissions, federal law enforcement, or EU regulatory bodies.
• Appeals Process:
Disqualified participants may appeal decisions by submitting evidence to the organizer within a specified timeframe.
14.7. Collaboration with Regulators
The organizer collaborates with gaming regulators and law enforcement agencies to prevent and address fraud:
• United States: Reports to state gaming control boards and compliance with federal anti- fraud laws.
• Canada: Collaboration with FINTRAC and provincial gaming authorities.
• European Union: Coordination with national regulators and compliance with EU directives on anti-money laundering and cybersecurity.
15. Tax and Legal Responsibilities
Participants are responsible for understanding, reporting, and paying any applicable taxes or legal obligations associated with their winnings. The organizer will comply with relevant tax laws and regulations in the United States, Canada, and the European Union (EU), including any requirements for tax withholding or reporting.
15.1. United States
• Federal Tax Obligations:
Gambling winnings are considered taxable income under US federal law and must be reported to the Internal Revenue Service (IRS).
Form 1099-MISC:
The organizer is required to issue a Form 1099-MISC to participants for prizes valued at $600 or more.
A copy of the form will also be sent to the IRS.
Backup Withholding:
If a participant fails to provide a valid Social Security Number (SSN) or Taxpayer Identification Number (TIN), the organizer may withhold 24% of the prize amount as backup withholding, as mandated by the IRS.
• State-Level Tax Obligations:
State income tax on winnings varies by jurisdiction.
In states like California and Nevada, gambling winnings are taxable, while states like Florida and Texas do not impose state income tax.
• Reporting Responsibility:
Participants must report winnings on their federal tax return using Form 1040
under the "Other Income" section.
Non-resident aliens may be subject to a flat 30% withholding tax on winnings unless a tax treaty applies.
15.2. Canada
• General Tax Exemptions:
In Canada, most gambling winnings are not taxable as they are considered windfalls.
However, professional gamblers (those earning their primary income through gambling) are required to report winnings as taxable income.
• Provincial Regulations:
Although gambling winnings are generally exempt, participants may be required to disclose winnings under certain provincial laws if linked to other taxable income.
Provincial gaming authorities may require the organizer to maintain records of significant prize distributions for auditing purposes.
• Taxable Prizes:
If prizes are in the form of goods or services (e.g., cars, vacations), participants may be liable for Goods and Services Tax (GST) or Harmonized Sales Tax (HST) on the fair market value of the prize.
15.3. European Union (EU)
• Taxation of Gambling Winnings:
Tax obligations on gambling winnings vary significantly across EU member states:
Germany: Winnings from games of chance are generally tax-free unless considered professional income.
France: Lottery and other winnings are typically tax-free, but professional gamblers may be subject to income tax.
Italy: Gambling winnings above a certain threshold are subject to a flat tax rate.
• Withholding Requirements:
In some member states, the organizer may be required to withhold taxes on winnings and remit them to the local tax authority.
• Cross-Border Taxation:
Participants residing in one EU country but winning prizes in another must adhere to the tax laws of both countries. EU tax treaties may mitigate double taxation.
15.4. Organizer’s Responsibilities
The organizer will comply with all applicable tax withholding and reporting obligations as required by local laws:
1) Record Keeping:
Maintain detailed records of all prize distributions, including participant information, prize value, and any taxes withheld.
2) Tax Reporting:
Submit required forms to local tax authorities, such as IRS Form 1099-MISC in the US or equivalent documents in the EU and Canada.
3) Participant Notification:
Inform participants of their tax obligations and provide the necessary documentation to assist with tax filing, such as withholding certificates or proof of prize value.
4) Compliance with Treaties:
Ensure that non-resident participants benefit from applicable tax treaties, which may reduce or eliminate withholding taxes on winnings.
15.5. Participant Responsibilities
Participants are responsible for:
1) Understanding Tax Obligations:
Consulting a tax professional or reviewing local tax laws to understand reporting and payment requirements.
2) Providing Accurate Information:
Submitting valid tax identification details (e.g., SSN, TIN, or equivalent) during the
Know Your Customer (KYC) process to avoid unnecessary withholding.
3) Filing Tax Returns:
Reporting winnings as income where required and paying any applicable taxes.
Maintaining personal records of winnings and supporting documentation for tax filing purposes.
15.6. Non-Compliance Consequences
Failure to meet tax obligations may result in:
• Penalties and Interest:
Tax authorities may impose penalties and interest for late payment or failure to report winnings.
• Disqualification:
Participants who refuse to comply with tax-related requirements may be disqualified and forfeit their prizes.
• Reporting to Authorities:
The organizer may report non-compliant participants to relevant tax authorities in accordance with local laws.
16. Intellectual Property
All trademarks, content, designs, and intellectual property (IP) associated with the campaign belong exclusively to the organizer, GSH ONLINE MEDIA. The organizer reserves all rights over its intellectual property and enforces compliance with IP laws across the United States, Canada, and the European Union (EU). Unauthorized use, reproduction, or distribution of campaign materials is strictly prohibited and may result in legal action.
16.1. Scope of Intellectual Property Rights
The organizer retains exclusive ownership and control over the following elements:
1) Trademarks:
Includes logos, brand names, slogans, and other distinctive marks associated with the campaign.
Jurisdictional Protections:
US: Protected under the Lanham Act, ensuring trademarks are safeguarded against unauthorized use.
Canada: Governed by the Trademarks Act, offering similar protections.
EU: Protected under the EU Trademark Regulation (EUTMR), providing cross-border trademark rights within EU member states.
2) Content and Designs:
o Includes visual designs, text, videos, graphics, and audio materials produced for the campaign.
Copyright Protections:
US: Copyrights are protected under the US Copyright Act and may require registration with the US Copyright Office for legal enforcement.
Canada: Governed by the Copyright Act, which provides automatic copyright upon creation.
EU: Protected under the EU Directive on Copyright in the Digital Single Market, harmonizing copyright rules across member states.
3) Platform and Software:
Any proprietary software, algorithms, or systems used to manage the campaign.
Trade Secret Protections: Proprietary systems may be safeguarded under trade secret laws in the US (e.g., Defend Trade Secrets Act) and similar laws in Canada and the EU.
16.2. Prohibited Uses
Participants and third parties are strictly prohibited from:
1) Unauthorized Reproduction:
Copying, modifying, or distributing any campaign materials without explicit written consent from the organizer.
2) Commercial Use:
Using trademarks, content, or other intellectual property for commercial purposes, including endorsements or promotions not approved by the organizer.
3) Reverse Engineering:
Attempting to reverse engineer proprietary software or systems used in the campaign.
4) Impersonation:
Misusing the organizer’s IP to impersonate or mislead participants or other parties.
16.3. Enforcement and Remedies
The organizer reserves the right to take legal action to enforce its intellectual property rights. Remedies may include:
16.3.1. Cease and Desist Orders: Immediate orders to stop unauthorized use of the organizer’s IP.
16.3.2. Financial Penalties: Claims for damages or lost revenue caused by unauthorized use.
16.3.3. Jurisdiction-Specific Enforcement:
• United States: Claims filed under the Lanham Act, US Copyright Act, or other applicable IP laws.
• Canada: Enforcement through the Canadian Intellectual Property Office (CIPO) or civil litigation under the Copyright Act.
• EU: Enforcement under the EU Intellectual Property Office (EUIPO) or national courts, depending on the scope of infringement.
16.3.4. Reporting to Authorities: Unauthorized use involving fraudulent or criminal intent may be reported to regulatory bodies or law enforcement.
16.4. Participant Responsibilities
Participants must:
16.4.1. Respect the Organizer’s IP:
• Avoid unauthorized use, modification, or dissemination of any campaign materials.
• Acknowledge the organizer’s ownership of all intellectual property rights.
16.4.2. Obtain Written Consent:
• Secure written approval from the organizer for any use of campaign materials beyond personal participation in the campaign.
16.4.3. Report Infringements:
• Notify the organizer of any suspected misuse of its IP by third parties.
16.5. Jurisdictional Considerations
16.5.1. States:
• Infringements may be prosecuted under federal laws, including the Digital Millennium Copyright Act (DMCA), which provides a process for takedown requests and penalties for copyright violations.
• IP disputes can also be addressed through the World Intellectual Property Organization (WIPO) Arbitration and Mediation Center for international matters.
16.5.2. Canada:
• The Copyright Act provides automatic copyright protection, and disputes are addressed through federal courts or the Canadian Intellectual Property Office (CIPO).
• Participants using unauthorized materials may face civil penalties, including injunctions and damages.
16.5.3. European Union (EU):
• The EU Directive on Copyright mandates strong protections against IP infringement and harmonized enforcement mechanisms across member states.
• Violators may face fines or legal action under national copyright laws, such as the
Copyright, Designs and Patents Act 1988 in the UK (for post-Brexit enforcement).
16.6. Digital Safeguards and Monitoring
To prevent unauthorized use, the organizer employs:
16.6.1. Digital Watermarking: Embedding invisible markers in digital content to trace unauthorized copies.
16.6.2. Automated Monitoring Tools: Using software to detect and report unauthorized use of campaign-related content on websites, social media, and other platforms.
16.6.3. Take-Down Requests: Filing requests under the DMCA or similar laws to remove infringing content from online platforms.
