MEMBERSHIP TERMS AND CONDITIONS AND TOURNAMENT RULES OF THE AMATEUR POKER ASSOCIATION & TOUR (APAT).

1. GENERAL TERMS & CONDITIONS

1.1. General Terms & Conditions for using the www.apat.com website, for Membership of the Amateur Poker Association & Tour and for tournament entry. In these Conditions, “we / us / our” refers to the Amateur Poker Association & Tour ( “APAT”).

2. INTELLECTUAL PROPERTY

2.1. You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the APAT shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.

2.2. You acknowledge and agree that the material and content contained within or provided as part of the APAT is made available for your personal non-commercial use only and that you may download such material and content onto only one computer hard drive for such purpose. Any other use of such material and content is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit, tamper with or create derivative works of such material and content.

3. COMPLIANCE WITH LAWS

3.1. APAT may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding APAT. Members of the APAT Poker Association & Tour must be aged 18 years or over and a proof of identification; Driver’s License or Passport, will be a requirement of tournament entry. APAT Online Membership is not available to individuals residing in the United States of America or in any territory where online gambling is illegal.

3.2. It is the member’s responsibility to observe the national law of their country regarding possible gambling prohibitions.

4. NO WARRANTY

4.1. We will endeavour to provide APAT using our reasonable skill and care. We make no further warranty or representation, whether express or implied, in relation to APAT. All implied warranties or conditions of satisfactory quality, fitness for purpose, completeness or accuracy are hereby excluded.

4.2. We make no warranty that APAT will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the www.apat.com website or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials or as to results or the accuracy of any information obtained by you through APAT.

5. LIMITATION OF LIABILITY

5.1. You agree that your use of APAT is at your sole risk.

5.2. We shall not be liable in contract, tort, negligence, or otherwise, for any loss or damage whatsoever arising from or in any way connected with your use of APAT, whether direct or indirect, including, without limitation, damage for loss of business, loss of profits, business interruption, loss of business information, or any other pecuniary or consequential loss (even where we have been notified by you of the possibility of such loss or damage).

5.3. Nothing in these Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

6. INDEMNITY

6.1. You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liabilities, damages, losses, costs and expenses, including legal fees, arising out of any breach of these Conditions by you or any other liabilities arising out of your use of APAT.

7. TERMINATION

7.1. We may terminate your Membership if we believe that you have breached any of these Conditions or acted in a manner inconsistent with the spirit of any of them or for any reason we discontinue to provide APAT.

7.2. You acknowledge that we do not have to give you prior notice of any such termination.

8. REFUNDS & CANCELLATION

8.1. Our goal is to effectively and fairly serve those Members registered with APAT. We will not refund Membership or Tournament entry fees. The membership services will be effective to the end of the annual payment period.

9. GENERAL

9.1. We reserve the right to withdraw APAT or elements of APAT at any time, and will not be liable to you as a result of any such action.

9.2. If any part of these Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not effect the validity and enforceability of any of the remaining provisions of these Conditions.

9.3. No waiver by us of any of these Conditions shall be construed as a waiver of any preceding or succeeding breach of any of these Conditions.

9.4. Unless otherwise expressly stated, nothing in these Conditions shall create or confer any rights or any other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than you and us.

9.5. Nothing in these Conditions shall be construed as creating any agency, partnership or any other form of joint enterprise between you and us.

9.6. These Conditions contain the entire agreement between you and us relating to APAT. You confirm that, in agreeing to accept these Conditions, you have not relied on any representation save insofar as the same has expressly been made a representation in these Conditions. You agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these Conditions save that your agreement shall not apply in respect of any fraudulent or negligent misrepresentation whether or not such term has become a term of these Conditions.

9.7. The member / cardholder should print out the rules of APAT and keep them in an easily accessible place.

9.8. The sponsor of APAT promotions reserves the right (at any time) to cancel, modify or suspend the promotion if, in the judgment of the promoter, the promotion is not capable of being conducted as specified. Further, the promoter reserves the right to award a monetary prize in equal or greater value as the main prize in place of the main prize, at its sole discretion. The value of the main prize shall be determined on the basis of its actual value and not any potential value or prize receivable as a consequence of the main prize.

10. LAW

10.1. These Conditions shall be governed by the laws of England where licensing dictates and you irrevocably submit to the jurisdictions of the courts of England.

11. TOURNAMENT REGISTRATION

11.1. As used herein, “APAT” means Amateur Poker Assoiation & Tour. APAT reserves the right to refuse anyone entry into the tournament.

11.2. Entry into the APAT Poker Association & Tour (herein “APAT” refers to all events in the current season (see the tour category of www.apat.com for details). Positive proof of age and identification, in the form of a Driver’s License or Passport, will need to be provided on the date of competition in line with legal requirements and British Casino Association guidelines.

11.3. APAT will consult with the tournament venue General Manager or similar (the “Venue Manager”) throughout the tournament ensuring the smooth running of the event and complete adherence to British Casino Association guidelines.

11.4. The Venue Manager shall appoint a Tournament Director, who will take responsibility for the running of the tournament and who will consult with APAT as appropriate throughout the tournament.

11.5. The Tournament will feature one entry per person, per event. No teams, substitutes, transfers or assisted play. There shall be no refunds for any reason.

11.6. APAT may limit the number of entries into the APAT and may award entries through satellite tournaments, third party marketing arrangements and or other promotional activities.

11.7. Winners are responsible for any and all taxes, licenses, registrations and other fees that may be applicable.

11.8. Winners must show their valid picture identification in order to collect a prize.

11.9. Employees of APAT, contractors hired for the operation of the APAT or immediate family members of such employees at director level as determined by APAT are not eligible to play in any APAT events, unless approved in advance by APAT. Immediate Family is defined as: spouse, children, and any relative or other person residing in the employee’s place of residence.

11.10. Individuals who are excluded from casino facilities, either through a casino or government initiative or by their own request, are not eligible.

11.11. Each participant must certify their eligibility to participate.

11.12. By submitting an electronic or paper based registration form to APAT for registration in and / or participation in the APAT, such persons and / or entities agree to these rules in their entirety.

11.13. Participants must register prior to the start of each event at www.apat.com, or at the tournament venue, subject to availability. Members of the Amateur Poker Association & Tour must be aged 18 years or over and a proof of identification; Driver’s License or Passport, will be a requirement of tournament entry. APAT Online Membership is not available to individuals residing in the United States of America or in any territory where online gambling is illegal.

11.14. Registration will only be available to Members of the APAT. Membership registration will be available at www.apat.com, or at the tournament venue. By becoming a Member of the APAT, you agree to allow us to communicate with you.

11.15. Membership of APAT is subject to a player certifying their player status as Amateur. An amateur is defined as someone who does not earn their sole income playing poker. Failure to abide by this rule may lead to disqualification from an event and forfeiture of a player’s entry fee and any prize money won.

11.16. Entries will be recorded in accordance with British Casino Association guidelines.

12. TOURNAMENT SCHEDULING

12.1. The APAT tournament start times are to be adhered to strictly.

12.2. APAT may cancel, modify, relocate or reschedule the APAT for any reason with prior notification to the appropriate gaming regulators, where required.

12.3. APAT is not responsible for electronic transmission errors or delays resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorised access to or alterations of entry materials, or for technical, hardware, software, or telephone failures of any kind, lost or unavailable connections, fraud, incomplete, garbled, or delayed computer transmissions, whether caused by APAT’s users, or by any of the equipment or programming associated with or utilised in the promotion or by any technical or human error which may occur in the processing of submissions which may limit, restrict, or prevent a participant’s ability to participate in the tournament.

12.4. APAT is not responsible for injuries or losses arising or resulting from participation in the APAT and is not liable for any acts or omissions by employees, whether negligent or wilful, in the conduct of the APAT, and is not liable in the event of any equipment or software malfunction.

12.5. If for any reason the tournament is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures, or any other causes within or beyond the control of APAT which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this tournament, APAT reserves the right to cancel, terminate, modify or suspend the tournament.

13. TOURNAMENT INTEGRITY

13.1. APAT may impose penalties, but not a financial penalty, upon any person who gives, makes, issues, authorises or endorses any statement or action having, or designed to have, an effect prejudicial or detrimental to the best interest of the tournament as determined by APAT. This may include, but shall not be limited to expulsion from the event and tournament venue – subject to the authorisation of the Venue Manager, forfeiture of a player’s entry fee(s) and / or loss of the right to participate in this or any other tournament conducted by APAT.

13.2. APAT may disqualify any person for any prize based upon fraud, dishonesty, violation of promotional rules or other misconduct while at the tournament venue or otherwise occurring in relation to the APAT or as otherwise reasonable or necessary for APAT to comply with applicable regulations.

13.3. Any attempt by any person to deliberately damage any program or to undermine the legitimate operation of APAT tournament(s) may be a violation of criminal and civil laws and should such an attempt be made, APAT reserves the right to seek damages from any such person to the fullest extent of the law.

13.4. All decisions regarding the interpretation of player eligibility, scheduling and staging of APAT tournaments lie solely with APAT.

13.5. At the tournament venue, all decisions regarding the interpretation of APAT rules and penalties for misconduct lie with APAT, in consultation with the Venue Manager and Tournament Director, whose decisions are final.

13.6. APAT employees will use reasonable commercial efforts in the decision-making process with the Venue Manager and Tournament Director, with the understanding that “best interest of the game and fairness” shall be a priority. Unusual circumstances can, on occasion, dictate that the technical interpretation of the rules be balanced against the interest of fairness.

13.7. Tournament Rules and any and all changes in the rules and event descriptions for APAT events in season one (September 1st 2006 to August 31st 2007) will be available at the tournament venue and at www.apat.com.

13.8. Where a situation arises which is not covered by these rules, APAT, the Venue Manager and the Tournament Director shall have the authority to render a judgement, including the imposition of a penalty, but not a financial penalty, in accordance with the best interests of the tournament and the maintenance of its integrity and public confidence.

14. PLAYER LIKENESS AND IMAGE

14.1. Prior to entering and playing in the tournament, each participant must execute a Player Release Form. Failure to do so may, at the option of APAT subject the player to immediate disqualification at any point in the tournament. If the player is disqualified he or she shall forfeit all entry fees and not be entitled to any tournament prize monies or any other prize consideration that he or she may have qualified for at the point of disqualification.

14.2. Tournament participants may wear one item of apparel with a logo no larger than 6 square inches in size. APAT reserves the right at all times, to change the logo size limit, ban the wearing / display of any or all logos, or to ban any apparel or other means of advertising that contains obscene images or words or is otherwise deemed objectionable by APAT. The Venue Manager also reserves the right to exclude any individual(s) acting in a disruptive or inappropriate manner.

14.3. APAT tournament winners and the APAT player of the year, who qualify to participate in a European Poker Tour, World Poker Tour or World Series Of Poker event (the “Professional Events”) through APAT, will be required to wear APAT branded apparel, or the branded apparel of any other company at APAT’s sole discretion, throughout their period of participation in those Professional Events. Failure to abide by this rule may lead to the removal of the Professional Events prize.

14.4. APAT tournament winners and the APAT player of the year, will be required to participate in media related activities wearing APAT branded apparel or the branded apparel of any other company at APAT’s sole discretion, for a period of two months following their participation in the APAT tournaments and the Professional Events.

15. TOURNAMENT PRIZES AND SEATING

15.1. Prizes and entries are non-transferable. APAT will not support or facilitate any form of deal making in an APAT event.

15.2. Prize structures depend upon number of entrants and the type of event entered. APAT shall not retain a fee for running the tournament.

15.3. Entrants will be assigned to a table and seat through a random computer selection. APAT reserves the right to switch to a manual seating and reseating process should the appropriate technology be unavailable for any reason.

15.4. Players not in their allotted seat when the first hand is dealt shall have their chips put into play and they will be eligible to join the tournament at any point providing they still have chips remaining. They will not be able to claim a refund of their entry fee.

15.5. Players who have made APAT aware that they will not be able to participate in the tournament; prior to the tournament start, will be removed from the player list and be eligible for a credit of their entry fee, to be taken at one of the next four APAT tournaments of similar entry value.

15.6. APAT will be able to assign seats to alternates during the first two levels of play. Alternates will join the event with the tournament starting chip stack and they will be required to take the first available seat allocated to them. Alternates will be required to post a dead big and small blind on joining their first table.

15.7. Non-valuechips are used for tournament play.

15.8. APAT reserves the right to cancel, change or modify the APAT at any time, for any reason, subject to all applicable regulatory approval, provided that such modification shall not, as of the date of such modification, materially alter or change any participant’s prize already awarded.

15.9. No value tournament chips used for the tournament are the exclusive property of the tournament venue and may not be removed from the tournament area.

16. TOURNAMENT POKER RULES

16.1. Chip race rule: When it is time to colour-up chips, they will be raced off with a maximum of one chip going to any player. The chip race will always start in the number one seat. A player cannot be raced out of a tournament. In the event that a player has only one chip left, the regular race procedure will take place. If that player loses the race, (s)he will be given one chip of the smallest denomination still in play.

16.2. Odd chips: When there are two or more high hands or two or more low hands, the odd chip(s) will go to the left of the button.

16.3. Side pots: Each side pot will be split as a separate pot. They will not be mixed together before they are split.

16.4. Calling for the clock procedures: Once a reasonable amount of time has passed and a clock is called for, a player will be given one minute to make a decision. If action has not been taken by the time the minute is over, there will be a ten second countdown. If a player has not acted on his hand by the time the countdown is over, the hand will be dead. The following individuals, without exception, are entitled to call a clock on a player: a) Tournament Director, b) Table Dealer c) another player participating in that specific hand. For the avoidance of doubt, the clock cannot be called on a player by another player who is not participating in the hand in question.

16.5. Dead button: Tournament play will use a dead button.

16.6. Penalties: A penalty MAY be invoked if a player exposes any card , if a card(s) goes off the table, if soft-play occurs, or similar incidents take place. Penalties WILL be invoked in cases of abuse, disruptive behaviour, or similar incidents.

16.7. A player must be at the table by the time all players have complete hands in order to have his or her hand live. Players must be at the table to call time. In flop games, the big blind’s hand will be dead if (s)he is not there to act on it before the flop.

16.8. All cards will be turned face up once a player is all in and all action is complete.

16.9. If a player puts in a raise of fifty percent or more of the previous bet, (s)he will be required to make a full raise. The raise will be exactly the minimum raise allowed.

16.10. The one-player-to-a-hand rule will be enforced.

16.11. Tournament seats will be randomly assigned.

16.12. The English-only rule will be enforced during the play of hands.

16.13. A player who wants to use a mobile phone must step away from the table.

16.14. Deck changes will be on the dealer push or limit changes or as prescribed by the Tournament Director. Players may not ask for deck changes.

16.15. When time has elapsed in a round and a new round is announced, the new limits apply to the next hand. A hand has begun with the first riffle.

16.16. Players must keep their highest denomination chips visible at all times.

16.17. Verbal declarations as to the content of a player’s hand are not binding; however at the Tournament Director’s discretion, any player deliberately declaring or miscalling his hand may be penalised.

16.18. Advising another player how to play a hand may result in a penalty.

16.19. No rabbit hunting is allowed.

16.20. A player who intentionally dodges his or her blind(s) when moving from a broken table will forfeit the blind(s) and / or incur a penalty. The money will be put into the next pot and will be considered dead money.

16.21. All chips must be visibly displayed at all times. Players may not have tournament chips in their pockets at any time. A player who has chips in his or her pocket will forfeit the chips. The forfeited chips will be taken out of play from the tournament.

16.22. Moving players: Players will be moved from the big blind to the worst position.

16.23. If a tournament venue dealer kills an unprotected hand, the player will have no redress and will not be entitled to his or her money back. An exception would be if a player raised and his or her raise had not been called yet, (s)he would be entitled to receive his or her raise back.

16.24. Tournament venue dealers cannot kill a winning hand that was turned face up and was obviously the winning hand.

16.25. Player’s verbal declarations in turn are binding. Definitive verbal declarations out of turn will be binding if the action to that player has not changed when it is their turn to act. Check, call or fold is not considered an action change. By definitive we mean “I will call” or variations thereof such as “I have to call if you bet” NOT “I Might call” or similar.

16.26. Players going from a broken table to fill in seats assume the rights and responsibilities of the position. They can get the big blind, the small blind, or the button. The only place they cannot get a hand is between the small blind and the button. A player moved to balance tables will take the worst position. A dead button situation may occur.

16.27. Penalties available for use by the Tournament Director are verbal warnings – ten, twenty, thirty and forty minutes away from the table – and may be used with discretion. These may be utilised up to and including disqualification. A player who is disqualified shall have his or her chips remain in play, where forced antes and blinds bets will be removed from an absent player’s stack accordingly.

16.28. Players are obliged to protect the other players in the tournament at all times. Discussing cards discarded or a hand possibility is not allowed.

16.29. A player who exposes his or her cards during the play may incur a penalty, but will not have his or her hand killed.

16.30. When raising, a player must either put the amount of the raise out in one motion or state the raise amount. By stating the word raise, a player protects his or her right to raise, but the raise must be made in one additional motion unless (s)he states the amount.

16.31. Less than a full raise does not reopen the betting to a player who already has acted.

16.32. Tables will be broken in a posted order / manner and available to all players, however; due to certain circumstances, APAT reserves the right to change the order.