Terms & conditions - The Financial Games

1. About us
1.1 We are Financial Games B.V. ("The Financial Games"), an Oxyor company registered in the Netherlands whose registered address is Oud Blaricumerweg 42, 1411 JT, Naarden, The Netherlands ("we", "us", "our"). We run the The Financial Games (the "Competition") and we are responsible for managing and administering the Competition as explained in these terms and conditions ("Terms and Conditions"). 

1.2 If you have any questions about the Competition, you can contact us at info@thefinancialgames.com

1.3 The Competition is in no way administered, endorsed or sponsored by or affiliated with Facebook. By entering this Competition, you hereby waive and release Facebook, to the maximum extent permitted by law, from and against any and all claims, losses, liabilities or causes of action you may have, now or in the future, against it arising out of or in connection with the Competition.  

1.4 In case (global final) prizes are provided by sponsors, it is in no way that these sponsors are responsible for administering the Competition. By entering these competitions, you hereby waive and release sponsors (including its parent, subsidiary and group companies and affiliates), to the maximum extent permitted by law, from and against any and all claims, losses, liabilities or causes of action you may have, now or in the future, against these sponsors (or any of its parent, subsidiary and/or group companies or affiliates) arising out of or in connection with the Competition. 

2. The Competitions

2.1 The Competitions are a game of skill whereby you will experience a virtual day of market making in an environment where you will need to trade, handle client calls and manage your risks. Your performance will be evaluated against four criteria: (1) profitability; (2) risk management; (3) market making; and (4) awareness. Further details of how your performance will be evaluated and how the criteria will be applied are set out on our FAQ page (www.thefinancialgames.com).

2.2 The way to win The Financial Games competitions is based on the automatic points calculation. The person with the highest score wins a competition. 

2.3 What are the steps to get involved in The Financial Games and to be part of the financial industry:

  1. First the students join the Financial Games through the website. After that, they receive login details to their personalized competition, coaching and training site.

  2. Now the Games start. Students are invited to participate in the different competitions.

  3. The Games consist of online games that simulate sitting in the seat of a financial professional. Every stage a students moves forward they receive more training.

  4. Every time a student participates in a competition they score points.

2.4 The Competition is a virtual trading simulation. The content is not based on actual events and you should not apply the competition to real life scenarios. Information given in the instructions, tutorials or online training is given for the purposes of the competition only and does not constitute investment or other advice on which reliance should be placed. We will not have any responsibility or liability to you in relation to your use of such information. 

3. Acceptance of the Terms and Conditions
By registering and participating in the Competition you accept the Terms and Conditions in full. If you do not accept these Terms and Conditions in full, you are not eligible to enter the Competition, or use the website www.thefinancialgames.com (the "Site"). Please read the Terms and Conditions carefully as they include important information about the Competition and your use of the Site. 

4. Modification of Terms and Conditions
We reserve the right to modify the Terms and Conditions at any time if we are required to do so due to circumstances beyond our reasonable control. Except as otherwise stated herein, any change to the Terms and Conditions is effective immediately after we give notice to you. Notice can be given through e-mail, a posting on the Site or any other means by which you may obtain notice. You agree to check the Site periodically for changes to the Terms and Conditions. Any use of the Site after changes have been made shall be deemed acceptance of those changed Terms and Conditions. 

5. Eligibility
5.1 To enter the Competition you must: 
- be over 18 or any local minimum age of consent that may apply. If you are unsure please contact your relevant authorities; 
- be a registered student at an educational establishment in one of the participating countries; and
- have access to the internet and a modern computer. 
5.2 We reserve the right to exclude any participants who do not meet these conditions of entry. 
5.3 The Competition has a fair use limit of 10,000 participants, places will be allocated on a 'first come first served' basis. 
5.4 Only one entry per person allowed. Team entries are not permitted. 

6. Competition Period
6.1 You can only enter the competition via the registration button on the website. 
6.2 Regarding the Competition Period, specific dates and at specific times, details of these are included on our FAQ page (available at www.thefinancialgames.com). You must be available to play the Competition on the specific dates and at the times stated (if applicable), otherwise, you will forfeit and you will not be eligible to continue in the Competition. As this is an international Competition which may involve 'live' play against participants in other countries, you may be required to play at times which are very early in the morning or very late at night. 

7. Registration, training, how to play and how to win
7.1 To register, you must go to the registration section of the Site and click on the relevant registration link. You will receive confirmation of your registration once it has been submitted. If you have not received confirmation within 1 hour of submitting your registration, please send us an email with your details to info@thefinancialgames.com.
7.2 Once you are registered, you will be given access to certain parts of the Site which contain instructions and training on how to play. 
7.3 For more information on how to play, how performance is evaluated and how you can win, please see our FAQ page (available at www.thefinancialgames.com). 

8. The Winner and the Prize
8.1 The person who scores the highest in a final will be the Competition winner ("Winners"). Our decision is final in every situation (including any not covered by these Terms and Conditions) and no correspondence will be entered into. 
8.2 If applicable; the Winners will be contacted by email within 7 days of the final to confirm their details for the purposes of receiving the prize. 
8.3 If applicable; travel insurance, visas, permits, meals, spending money and/or any travel costs/expenses not agreed to be reimbursed by a sponsor in advance (in accordance with section 8.2 above) are not included in the Prize and the Winners are responsible for obtaining/providing these.
8.4 If applicable; the Winners are responsible for ensuring that they have all necessary permissions and consents to travel, including, without limitation, a valid passport, visa and any other documents required to travel. Neither we nor any sponsor will have any liability to the Winners in respect of the Prize if the Winners do not have the required permissions, consents and/or documents to travel. 
8.5 We reserve the right to exclude a Winner from the Competition and select another Winner (which will be the participant who scored the next highest score in the Competition) if a Winner is, for any reason, unable to receive the Prize (including, without limitation, if a Winner fails to pass a sponsor standard security checks) or cannot be contacted within 30 days of the final. 
8.6 Prizes (if applicable) are non-transferable and no cash alternative is available. 
8.7 If applicable; we and/or sponsors may publish the Winners' names, educational establishments and countries on the Site. The Winners may be required to participate in post-event publicity with us and/or sponsor relating to the Competition. 
8.8 If you register for The Financial Games, your information will be provided to sponsors and sponsors will use your information for the purposes of providing the Prize, publishing the information referred to in 8.7 above and for post-event publicity.
8.9 In case the number of participants in the competitions is below a certain threshold, we reserve the right not to hand out any prizes.

9. Limited License
You are granted a limited, non-exclusive, and non-transferable license to access and use the content and information available on the Site (including the online training library and simulations) for the purposes of the Competition only and subject to these Terms & Conditions, Oxyor's generic Terms & Conditions  and Oxyor's Website Terms of Use (both available at www.oxyor.com). 

10. The Site
By accessing the Site, you agree to comply with our Website Terms of Use (available at www.thefinancialgames.com). By registering for the Competition and accessing the Site, you agree to indemnify us and our parents, subsidiaries, affiliates, officers, and employees and hold them harmless from any and all claims and expenses, including attorney's fees, arising from or relating to your use or misuse of the Competition, from any person's use of any account or password you maintain with us, regardless of whether such use is authorised by you, or from acceptance, possession, misuse, or use of the Prize. By registering for the Competition, you are hereby agreeing to release us and our parents, subsidiaries, affiliates, officers, and employees from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes, us and/or the Prize. The individual results from the Competition are a combination of metrics and subjective views us. By registering you accept without prejudice all results from your participation that may or may not be shared with selected third parties (referred to in section 2 of our Privacy Policy, available at www.thefinancialgames.com) at our discretion. 

11. Privacy Policy
We value your trust. In order to honour that trust, all of our employees are required to adhere to ethical standards in gathering, using, and safeguarding any information you provide. By registering for the Competition and providing us with your information, you consent to being contacted for the purposes of our administration and management of the Competition and in accordance with our Privacy Policy (available at www.thefinancialgames.com). For more information, please review the Privacy Policy, the terms of which are incorporated into these Terms and Conditions as if set forth in full. We operate in accordance with applicable laws and regulations of the Netherlands and the EU, in particular (but not limited to) the General Data Protection Regulation (GDPR), the new European Data Protection Regulation, which is applicable as of May 25th, 2018 in all member states to harmonize data privacy laws across Europe.

12. Miscellaneous
12.1 These Terms and Conditions constitute the entire agreement between us and you regarding the subject matter hereof. Any previous agreement, whether oral or written, between us and you dealing with the subject matter hereof is superseded. 
12.2 These Terms and Conditions may only be modified or amended in writing. 
12.3 If any portion of these Terms and Conditions is determined to be unenforceable for any reason, such portion will be deemed severed and the remaining Terms and Conditions shall continue in full force and effect. 
12.4 Upon your breach or threatened breach of these Terms and Conditions, we may pursue any legal or equitable remedy available, including but not limited to, direct, and consequential damages and injunctive relief. 
12.5 Our remedies are cumulative and not exclusive. Failure by us to exercise any remedy or enforce any portion of these Terms and Conditions at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Terms and Conditions at any time thereafter. 
12.6 You agree that regardless of any statute or law to the contrary, any claim or action arising out of or regarding the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. By accessing the Site, you accept this shortening of the statutes of limitations. 
12.7 We make no representation that the content of the Site is appropriate or available for use in all locations. We operate this Site from the Netherlands and we make no representation that the Site complies with any foreign or international laws. You agree to comply with all applicable local laws, including any international laws, in using the Site. 
12.8 You may not assign your rights or delegate your duties under these Terms and Conditions. 
12.9 The parties agree that no third party is an intended beneficiary of these Terms and Conditions. 
12.10 We cannot provide notifications via post, only e-mail. 

13. Governing Law; Dispute Resolution; Forum and Venue
These Terms and Conditions and any claim or action related to or arising from these Terms and Conditions or content on the Site shall be governed by Dutch law, without regard to any provision that would make the laws of another jurisdiction applicable. All disputes between you and us shall be finally resolved through binding arbitration in Amsterdam, The Netherlands. Nevertheless, you have the right to choose, within one month from the date on which we have suggested to bring the dispute before the arbitration forum in Amsterdam, to bring the dispute before the competent court. The arbitration shall be conducted by one (1) arbitrator who is a retired judge. The parties shall conduct discovery as agreed upon or as permitted by the arbitrator. A party may file for an order on the arbitration decision exclusively in the Amsterdam Court. The parties shall share equally the costs of the arbitrator, arbitration body and arbitration facilities (if applicable). Each party may bring a claim or action for injunctive relief without submitting the claim to final and binding arbitration. Neither party shall have the obligation to post a bond or demonstrate actual harm before bringing a claim or action for injunctive relief. Each party consents to the exclusive jurisdiction and venue of the Amsterdam Court for any equitable claim or other action related to or arising from these Terms and Conditions. Each party shall bear his/her/its own expenses and attorneys’ fees related to any arbitration, claim or action.