Additional Terms and Conditions for the Gambling Industry
These Additional Terms and Conditions for the Gambling Industry ("Gambling Industry Additional Terms") shall apply to all gambling advertising ("Gambling Advertising") provided by JCDecaux Finland Oy ("JCD") to its clients ("Client"). For the purposes of these Gambling Industry Additional Terms, "Gambling" shall refer to a gambling game as stipulated in the legislation in force in Finland from time to time, i.e. a game in which the player participates in exchange for monetary consideration and in which the player can win money partially or entirely based on chance, including, for instance, betting, casino games, lotteries, lottery games and slot machines, along with other similar forms of gaming or lottery activities. The Gambling Industry Additional Terms and Conditions serve to supplement JCD's General Terms and Conditions of Sale in matters pertaining to Gambling Advertising. The Client is deemed to have accepted these Gambling Industry Additional Terms and Conditions as part of the media agreement between JCD and the Client without any separate reference by ordering Gambling Advertising from JCD. To the extent that these Gambling Industry Additional Terms and Conditions deviate from JCD's General Terms and Conditions of Sale, the Gambling Industry Additional Terms and Conditions shall be applicable to Gambling Advertising.
JCD will only sell advertising space for Gambling Advertising if the Client holds a valid exclusive license or gambling license ("License") issued by the Finnish authorities for the activity in question and the Client is able to prove the validity of the License upon request. JCD reserves the right to refuse or discontinue the Client's campaign if there is any doubt concerning the validity of the License or the legality of the activity and/or the campaign and/or the material provided by the Client is otherwise in violation of the law, official regulations, these Additional Terms and Conditions for the Gambling Industry, JCD's General Terms and Conditions of Sale or JCD's responsible business policy or its code of conduct. Such refusal or discontinuation shall not remove the Client's obligation to pay JCD the price agreed for the campaign confirmed by the Client. This shall not limit JCD’s rights as they have been set forth in the General Terms and Conditions of Sale.
The Client shall be liable for ensuring that all Gambling Advertising complies with:
- the gambling legislation in force in Finland from time to time (including any legal provisions supplementing or replacing same) and the decrees and regulations issued on the basis thereof
- instructions and regulations issued by the authorities on gambling marketing
- legislation on consumer protection and marketing.
In case the authorities require changes to be made to the Client’s campaign or its discontinuation, JCD shall have the right to implement such demands without delay and without incurring any liability as concerns advertising time or production costs.
The Client undertakes to ensure that the content, style, imagery, language and presentation of Gambling Advertising are not targeted or particularly attractive to minors. Gambling Advertising must not present gambling as a solution to financial or personal problems, convey an image of gambling as an easy or certain way to generate income, encourage continuous or impulsive gambling, or use pressuring or misleading communication. The content of Gambling Advertising as a whole must be moderate and responsible, and it must not be contrary to good practice or otherwise likely to cause unreasonable harm to consumers. Furthermore, Gambling Advertising must contain the information required by the legislation in force from time to time. JCD may refuse to display advertising if the Client's material fails to meet the above-mentioned requirements or is in conflict with JCD's Code of Ethics in force from time to time.
JCD reserves the right to limit the form of Gambling Advertising to brand advertising if the legislation or an authority imposes prohibitions or restrictions on product-specific advertising in outdoor advertising. In case the legislation or an authority allows product-specific Gambling Advertising in outdoor advertising only under certain additional conditions (for instance, only at certain times of the day or in certain locations), the Client agrees to comply with such restrictions.
JCD may:
- limit Gambling Advertising to certain advertising surfaces or advertising networks
- limit the duration or number of repetitions of campaigns that feature Gambling Advertising
- require prior approval for Gambling Advertising materials
- request modifications to be made to the materials
- reject the material in its entirety if it deems that the content could violate the law, government regulations, these Gambling Industry Additional Terms, JCD's General Terms and Conditions of Sale, or JCD's own corporate responsibility policy or code of ethics.
The Client shall be liable for the legality of Gambling Advertising. The Client shall indemnify JCD against any and all damages, costs and sanctions imposed on JCD by the authorities to the extent that they are caused by the Gambling Advertising provided by the Client being in violation of the law, official regulations, JCD's General Terms and Conditions of Sale or these Additional Terms and Conditions for the Gambling Industry.
The Client undertakes to notify JCD without delay ("Client Notification") if:
- a competent authority prohibits any of the Client's Gambling Advertising or imposes an administrative fine, penalty payment or other administrative sanction on the Client in connection with Gambling Advertising
- The Client's Licence is revoked or expires
- The Client is aware of pending official proceedings that may affect the Client's right to implement or market gambling.
JCD shall have the right to discontinue or cancel the Client's campaign based on the Client Notification or on information otherwise received.
In case a campaign pertaining to Gambling Advertising is discontinued due to an official order, a change in legislation, a Client Notification or a violation of these Additional Terms and Conditions for the Gambling Industry, the Client shall be obliged to pay for the campaign in accordance with the invoice sent by JCD, even if the campaign is discontinued prematurely. JCD shall not be obligated to refund any amounts already invoiced or paid or to compensate the Client for any indirect or consequential costs that may be incurred by the Client. In all other respects, the discontinuation of the campaign and any refunds shall be subject to JCD's General Terms and Conditions of Sale. This condition does not serve to expand JCD's liability towards the Client beyond what has been separately agreed in JCD's General Terms and Conditions of Sale.
Compliance with these Additional Terms and Conditions for the Gambling Industry and the obligations set out herein shall not discharge the Client from its obligations to comply with all laws, decrees and official regulations governing Gambling Advertising in force from time to time, even if they have not been specifically mentioned in these Additional Terms and Conditions of the Gambling Industry.
JCD reserves the right to update these Additional Terms and Conditions for the Gambling Industry without any prior notice, if necessitated by the legislation, official practice or JCD's own corporate responsibility policy. The amendments shall enter into force as of the date announced by JCD and shall be applicable to all campaigns concerning Gambling Advertising commencing after said date.