Terms & Conditions
- Qualified Individuals
- Modification to our Terms and Conditions of Use
- Applicable Law
- Legal Acceptance of Terms and Conditions of Use
- Participation Rules
- Performance Zone
- Prize Shipping Conditions
- Game Cancellation Policy
- Free Credits
- Server and Connections
- Personal Data Acceptance of the prize by the winner means they are required to provide TOPWIN with their personal information for verification purposes.
- Protection and Use of Personal Data
- Termination of Use
- Limitation of Liability
- No Framing
- Trademarks and Copyrights
- TOPWIN exploitation
Our skill-based games involving opportunities to win prizes are available to anyone living in Belgium, The Netherlands or Germany of 18 years or older. (the “Participants”). All directors, administrators, employees, managers, partners, suppliers, agents and their immediate families, and in general any and all individuals directly or indirectly related to the promoter of our games (“TOPWIN”) are excluded from participation in our games.
TOPWIN reserves the right at any time to modify the presentation and configuration of our website or future mobile applications and all general or particular conditions related to the products, games and other details contained therein. TOPWIN recommends all Participants to read these Terms and Conditions of Use carefully each time they access our games. Participants can access these Terms and Conditions of Use at any time.
The applicable laws of Belgium govern these Terms and Conditions of Use and all our competitions. To resolve any controversy or dispute arising thereof, the parties submit themselves to the jurisdiction of the courts of Belgium, expressly waiving any other jurisdiction that may correspond to them by reason of their present or future domiciles or for any other reason. The Participants accept the prize as described on the website and acknowledge that the value of the prize shown on the website equals or is close to the market value of the prize given. TOPWIN will not be held liable for any losses or damages caused to Participants for any reason other than the negligence or willful misconduct of TOPWIN.
From the moment of participation in any of our games, Participants will be considered as fully understanding and accepting these Terms and Conditions of Use as well as any other terms or conditions applicable to any specific TOPWIN game or promotion. Acceptance of these Terms and Conditions of Use by any Participant serves as his or her confirmation that participation in games of this nature does not breach any laws or regulations of his or her country of residence.
All games shall be entered online through one of our official platforms. TOPWIN currently offers access to our games through our webpage www.topwingames.com. The availability and other details of each game will be stipulated in the information provided for each specific game in the corresponding game menu. All of our games require Participants to purchase game credits, which allow them to play any of our games. Payment shall be completed through the payment mechanisms available on the corresponding platform used by the Participant. Upon confirmation, the amount of credits purchased by Participant will appear on his or her profile and will be available for immediate use in any of our games. All credits shall be consumed through TOPWIN gameplay. The purchase of credits will not allow users the possibility of purchasing any physical goods or other goods or services to be used outside our application or any of our platforms. Regardless of the case, purchased game credits cannot be refunded. By participating in any of our games, Participants will, from the time of actual participation, be considered as in full knowledge and in acceptance of these Terms and Conditions of Use as well as any other terms or conditions applicable to any specific game or promotion. Participants shall choose the prize of their preference from the corresponding game menu. Next, the Participant can be prompted to choose the sport image of his or her preference, which will be used for the Participant to play in the chosen game. Upon appearance of the image selected by the Participant on the corresponding game screen, the Participant will have to analyze the elements of the image (where the corresponding ball has been removed) and by means of the Participant ́s skill and judgment, identify the matrix position that corresponds to the place where the center of the ball originally was on the selected image. To identify the original position of the center of the ball, the Participant will “shoot” by clicking on the desired position on the game screen. The game will identify the Participant’s “shots” on the game screen and assign the corresponding coordinates based on the game matrix. At any time during this process, the Participant can change the location of his or her chosen shots. When the Participant completes the desired number of shots, he or she can submit them. Upon submission of the shots, the required amount of credits will be deducted from the Participant’s remaining credit balance. In case the Participant has an insufficient amount of credits in his or her balance, the system will provide the option to purchase an additional amount of credits to be able to submit the shots or to delete a certain amount of shots to be able to continue. All games, when played for the first time, will prompt Participants, after they play the total amount of shots purchased for a given game, to play an additional shot, the Tie Shot (as described in the Tie section below). The information regarding the number of times a Participant has played a specific game will be shown in the games menu.
Participants are eligible for a follow-up prize or an immediate refund of free credits if they end up in the top 10 after a game ends. This does not include the winner, who will receive the main prize.
Each game will close on the date and time specified in its corresponding games menu. TOPWIN reserves the right to shorten or extend the closing date and time of any game. The winner of the game will be the Participant whose shot matches or is closest to the matrix coordinates that correspond to the original center of the ball on the corresponding image. The coordinates of the original center of the ball (the “Original Center of the Ball Position”) will be stored securely in our database and computed against the coordinates chosen by all Participants in each specific game in order to mathematically calculate which of the shots matches or is closest to the Original Center of the Ball Position. All our images are taken during a staged photo shoot and cannot be found online. Winners will be notified via email (to the valid email address provided by each Participant upon registration) and within the TOPWIN platform used to play a game in order to confirm their shipping details and other details to claim their corresponding prize. Information on past winners will also be available in our current and future platforms. All Participants of a game (regardless if they are winners or not) will be notified at the time a game closes and will be able to view the results, which will show the Participant’s shots and the winning shot. Winning shots may be in any of the images available for a specific game and will be shown to all Participants whether or not they used the same image to participate in the game. Winners are selected based on the proximity to the Original Center of the Ball Position. The image used to participate in a game is the Participant’s choice. If TOPWIN is unable to contact the Winner Participant and/or the winner does not claim his or her prize within 30 days of the date in which the corresponding game closed, said Participant will forfeit the prize, and it will be awarded to the Participant with the next closest coordinates. In the event of the Participant’s forfeiture of a prize as stated above, said Participant will have no further claim against TOPWIN. It is the responsibility of each Participant to make sure that the email and other information stored in our database is updated and accurate. TOPWIN will not be liable for any losses resulting from incorrect or inaccurate contact information of any Participant. TOPWIN will store prizes selected by Participants who win our games free of charge for a term of 30 days counted from the date and time at which the corresponding game closes. If the Participant does not confirm shipping details or refuses to receive a prize at the designated domicile, he or she will forfeit the prize. In the event of forfeiture by a Participant of a prize as per the above, said Participant will have no further claim against TOPWIN. Before any prize is sent to the Winner, and only when necessary, the Winner will have to send a copy of his or her passport or any other form of official identification (TOPWIN reserves the right to accept or decline any form of identification other than passport sent by Winners) to TOPWIN via email to confirm his or her age and identity. Winners will receive the prize that corresponds to the played game. Participants that obtain the second to tenth place ranked shots in all of our games will receive a reimbursement in free credits or will receive a follow-up prize as a reward for their top 10 ranking. The number of free credits given differs per game. The rules applicable to Ties and Winners of specific games are contained in the corresponding sections of these Terms and Conditions of Use. All winners will be required to have their picture taken for publicity purposes unless prohibited by law. TOPWIN reserves the right to recall any granted prize if such prize is delivered to the wrong Participant for reasons attributable to errors produced in our system. Upon recall, the recalled prize will be delivered to the correct Participant. No bonus or other compensation will be paid to Participants who receive wrongful prizes based on the above criteria.
All games, when played for the first time, will prompt Participants to play an additional shot called the “Tie Shot” after they submit their played shots for a given game. Participants will play a Tie Shot once for each game played. The Tie Shot will be stored in our database and will be used solely in case of a tie. This means that if the Participant plays Game 1 on a given day for the first time, he or she will be prompted to play a Tie Shot. If that same Participant plays Game 1 again before it closes, he or she will not be prompted to play a Tie Shot again. A tie exists when two or more Participants win a game through placing shots that are either at the exact same coordinates or at different coordinates but at the same distance to the Original Center of the Ball Position. Tie Shot gameplay also includes a progressive timer that runs from the moment the image is loaded. Said timer will stop when the Participant places his or her Tie Shot and will also be stored in our database. The timer information will be solely used to define the Winner in case Participants tie when placing a Tie Shot.
TOPWIN only ships prizes to Participants who live in countries where our games are available as stated in article 1 of these Terms and Conditions. In general, TOPWIN ships the prizes free of charge. Notwithstanding, any further applicable costs related to any taxes, import duties or other costs associated to the delivery of the prizes (other than shipping) will be the sole responsibility and shall be paid by the Winner of the corresponding prize.
TOPWIN reserves the right to cancel any game before its corresponding closing time and date. Under such circumstances, TOPWIN will reimburse all Participants the credits played by all of them in such game plus a 10% bonus.
All the prizes listed in our prizes menu have been selected by TOPWIN and will be available for Participants upon winning a game. However, TOPWIN will not be responsible if a specific item chosen by a Participant among the TOPWIN selected prizes is not available due to circumstances that are out of TOPWIN ́s control or if such item has been discontinued by the corresponding manufacturer. Winners of prizes that are being delivered in person (e.g. at the winner’s home or work address), consent to taking pictures with the prize and/or TOPWIN ́s employee(s) and the use of these pictures on TOPWIN ́s website and social media channels.
TOPWIN will grant new Participants who complete the signup in our system a specific amount of free credits (“signup bonus”). These free credits can be used on our “free to play” prizes. For other prizes, the Participants need to buy credits. TOPWIN reserves the right to determine the amount of free credits granted to such new Participants. Each Participant is limited to one signup bonus. TOPWIN grants free credits to users who complete certain ‘tasks’. These tasks can be found within the “Free Credits” section of the website. TOPWIN reserves the right to determine the amount of free credits granted to users who fulfill those tasks and to add and/or remove certain tasks at any given time. Any abuse of these systems will not be tolerated, and TOPWIN reserves the right to delete the profile of any Participants who participates in any such abuse.
TOPWIN is not responsible for faulty, partial or slow Internet connections or data transmissions through any cellular or other network that may not allow Participants to properly play our games or that may affect the registration of a Participant ́s shots in a specific game. TOPWIN will make its best efforts to continuously update its server and platforms. TOPWIN shall not be responsible for any malfunction or lack of access to our games as a result of third party service providers and will not be held liable for any lack of access that results from reasons other than the negligence or willful misconduct of TOPWIN.
Any and all personal information provided by Participants to TOPWIN will be used exclusively to: (i) contact the Winner of each game in order to arrange shipping and other details and (ii) (unless Participants opt out from receiving such information) inform Participants of any and all TOPWIN promotions, games, competitions, updates and in general any and all communications provided by TOPWIN. TOPWIN shall make its best efforts to protect any and all Participants’ personal information while aiming to comply at all times with any and all applicable legal requirements.
All text, graphics, user interface, artwork, images, look and feel and code contained in our website and our future mobile and online applications are owned or licensed to Blue Crest Investment, Inc. (our holding company) and are protected by copyright and other intellectual property and antitrust rights and laws. All other trademarks, service marks and logos that appear in our website and mobile and online applications are property of their respective owners.
TOPWIN may terminate the right to use the website and future applications to any user at any time without notice if said user fails to comply with these terms and conditions or if any user engages in fraudulent or criminal activities.
TOPWIN has not reviewed the quality or other detail of the prizes offered in its games and is not responsible for any such details, including but not limited to the content, quality, accuracy, merchantability or other details of the products or services offered as prizes. TOPWIN will not be responsible for any damages or losses resulting from the access to our website or mobile applications, or as a result of a user playing our games, including but not limited to failure of performance, errors, interruptions, omissions, viruses, failure to run, failure to store or unavailability of information. The limitation to TOPWIN’s liability will always be the amount that a user has paid to use our website or mobile applications. Users, by using our website or mobile applications, agree to hold TOPWIN, its affiliates, officers, directors, members and employees, free and clear from any claims, demands, damages, lawsuits, costs, expenses or any kind of liability that is related to the use of our website or mobile applications or any related materials or any damages, injuries, or any other affections, including death that result from the use of, or are related to any prizes won on any of our platforms.
Participants agree not to reproduce, retransmit, display, distribute, "frame" or "mirror" any materials property of TOPWIN without the advanced written authorization of TOPWIN or its licensors, respectively.
Any and all trademarks, brands names, logos and designs ("Trademarks") used on the www.topwingames.com website, or in any of our applications are the exclusive property of TOPWIN or their respective owners. Thus, Participants may not use any of the displayed Trademarks without the express prior written permission of TOPWIN or the respective owner, and nothing provided by TOPWIN (except its express written consent) shall grant any right to use such trademarks. No brands of the prizes offered in our games are sponsors or in any way associated with any of our games.
TOPWIN will be exploited by PJ-Projects BVBA, Company registered in Belgium with company number: BE0635.872.810.