Emojino Casino - Player’s winnings have been confiscated.

Opening an account was easy enough i had made a total of 4 deposits: 38, 50, 50 and 50... With the last deposit i have won 950€ so i wanted to withdraw 1000€...the first problem apeard when i wanted to upload my documents to be verified and withdraw my money... My id card was rejected! Let me give you some context... I am a Roumanian citizen living in Germany for almost 10 years now...i have permanent residence in Germany , german bank account and so on...next day after i have sent them an email with all my documentation i found my account empty only 50.05 left...from 1000.05...i was absolutely horrified...i immediately contacted the chat support and was told that all my winnings are forfeited because i have a romanian id card and players from Romania are restricted...but i am in Germany used my german bank account to deposit have a permanent residence here...they said there is nothing i can do and the decision is final...they told me to withdraw 50€ that they left me in my account and they have closed my account... I have told them to at least give me back all my 188€ that i have deposited since i didn't stand a chance to win anything they said no and that was final ... I fell that i have been robbed and this site is a total skam...i have asked for an email address where i can issue a complaint but i was refused. Please don't make the same mistake that i have made trusting a phony site...i have screenshots and conversations as proof

Dear Alex,

Thank you very much for submitting your complaint. I’m sorry to hear about your negative experience. Please allow me to ask you a few questions, so I can understand the whole situation completely. Do I understand it correctly that your permanent residency is Germany, but your nationality is Romanian? I have checked general terms and conditions, and this is what I found https://emojino.com/terms-of-use:

"You are aware that the right to access and use the Website and any products there offered, may be considered illegal in certain countries. Emojino is not able to verify the legality of service in each and every jurisdiction, consequently, You are responsible for determining whether Your accessing and using Our Website is compliant with the applicable laws in Your country and You warrant to Us that gambling is not illegal in the territory where You reside or citizen of which you are. You should not use the services of Emojino if You are a resident or citizen in one of the following countries and/or territories: the USA, Puerto Rico, the United States Virgin Islands, American Samoa, Guam, Marshall Islands, Northern Mariana Islands, and United States Minor Outlying Islands, Afghanistan, Algeria, Australia, Bahrain, Bangladesh, Belgium, Bhutan, Bonaire, Bulgaria, Brunei, Cambodia, Cayman Islands, Central African Republic, China, Cuba, Curacao, France, French Guiana, French Polynesia, French Southern Territories, Futuna Islands, Gibraltar, Hong Kong, Indonesia, Iran, Israel, Iraq, Jordan, Kuwait, Lebanon, Libya, Macau, Malaysia, Morocco, Niger, Nigeria, North Korea, Oman, Pakistan, Philippines, Qatar, Romania, Russia, Reunion, Saba, St Eustatius, St Martin, Saint Pierre and Miquelon, Saint-Barthelemy and Wallis, Saudi Arabia, Singapore, Slovakia, Spain, Sudan, Syria, Taiwan, Tanzania, Togo, Tunisia, Turkey, Ukraine, UAE, UK ("prohibited countries")."

Could you please confirm that you have created an account as a resident of Germany, and you haven’t used a VPN (Virtual Private Network) to alter your location when opening the account? Your confirmation is essential for this case and I’m not asking this to get you in trouble, I’m just trying to understand how the casino handles its own rules.

If there’s any relevant communication, please forward it to petronela.k@casino.guru. I hope we will be able to help you to resolve this issue as soon as possible. Thank you in advance for your reply.

Best regards,

Petronela

Hi and thanks for your fast reply...of course i have not used a vpn because i live in Germany and i have a german internet provider... I was allowed to deposit and create an account on this site...i used trustly to deposit from my german bank account...as i said i have made 4 deposits and never stood a chance to win anything... regardless of my citizenship i should be submitted to German law... because i am an EU citizen with residency in Germany...german adress and german bank account...

Thank you very much, Alex, for providing all the necessary information via email. I will now transfer your complaint to my colleague Martin who will be at your assistance. I wish you best of luck and hope to see your problem being resolved to your satisfaction in the near future.

Hello Alex!

From now on, I will be taking care of your complaint. I would like to invite Emojino Casino's representatives into this conversation in order to help us resolving the issue.

Dear Casino Guru team!

Alex was registered on Emojino.com on 2021-05-20, confirming that he agreed with our Terms&Conditions which clearly states:

5. You are aware that the right to access and use the Website and any products there offered, may be considered illegal in certain countries. Emojino is not able to verify the legality of service in each and every jurisdiction, consequently, You are responsible for determining whether Your accessing and using Our Website is compliant with the applicable laws in Your country and You warrant to Us that gambling is not illegal in the territory where You reside or citizen of which you are. You should not use the services of Emojino if You are a resident or citizen in one of the following countries and/or territories: the USA, Puerto Rico, the United States Virgin Islands, American Samoa, Guam, Marshall Islands, Northern Mariana Islands, and United States Minor Outlying Islands, Afghanistan, Algeria, Australia, Bahrain, Bangladesh, Belgium, Bhutan, Bonaire, Bulgaria, Brunei, Cambodia, Cayman Islands, Central African Republic, China, Cuba, Curacao, France, French Guiana, French Polynesia, French Southern Territories, Futuna Islands, Gibraltar, Hong Kong, Indonesia, Iran, Israel, Iraq, Jordan, Kuwait, Lebanon, Libya, Macau, Malaysia, Morocco, Niger, Nigeria, North Korea, Oman, Pakistan, Philippines, Qatar, Romania, Russia, Reunion, Saba, St Eustatius, St Martin, Saint Pierre and Miquelon, Saint-Barthelemy and Wallis, Saudi Arabia, Singapore, Slovakia, Spain, Sudan, Syria, Taiwan, Tanzania, Togo, Tunisia, Turkey, Ukraine, UAE, UK ("prohibited countries").

7. As an Account holder You are responsible for providing Emojino with correct personal details and information. Consequently, You agree that all information that You give Us, such as but not limited to, address and email, during the term of validity of the Agreement, is complete and true, and that You will immediately notify Emojino should there be changes to such information. Should Emojino become aware that You have failed to provide to Us correct information, We retain the right to block and/or close Your Account immediately.

17. You shall not access Games that are not available within Your region (place of residence or citizenship). Additionally, You shall not mask your IP address by using a VPN, proxy or otherwise when navigating on our Website.

4. You agree that all information that you give us, such as but not limited to, valid identification, date of birth, address, email and a clear passport/ID card photograph, during the term of validity of this agreement is complete, true, correct and that you will immediately notify Emojino of changes of such information or change such details by yourself on the Website. You are hereby notified that We carry out verification procedures and that Your Account may be immediately blocked for access or closed if We suspect that You have supplied Us with false or misleading information.

5. You are required to update and keep up to date the mandatory information provided in the registration form in the event such information changes.

6. Emojino will make all reasonable efforts to prevent Players from restricted countries mentioned at Section 2 of this Terms & Conditions to reach the games.

1.If you breach any provision of these Terms and Conditions or we have a reasonable ground to suspect that you have breached them, we reserve the right to not open, to suspend, or to close your Account.

2.You acknowledge that Emojino shall be the final decision-maker of whether you have violated Emojino’s rules, Terms and Conditions in a manner that results in the suspension or permanent barring from participation in our site(s).

That’s why, after the player passed KYC, with a Romanian identity card (Which is a restricted country ), the decision was made, that the winnings would be deducted, and the last deposit (from which he had won) would be returned.

The last deposit was 50 EUR, which has been returned to the player's balance, and he successfully withdrew it.

Dear emojino casino... You have absolutely robbed me of my first 3 deposits ( i never stood a chance of winning anything anyway) and all my winnings...first of all why was i allowed to deposit and create an account on your site?? I have done nothing illegal or wrong....this is absolutely discrimination and stealing...what you did was not fair or moral...i have won that money fair did not cheat or anything...you guys hide behind a skammy terms and conditions. I am an EU citizen living in Germany with permanent residence and address...you discriminate me for having romanian id card and refuse to pay my winnings...there is nothing more i can say just that you should be ashamed for not paying what you owe...

Dear representatives of Emojino Casino,

I would like to point out a few facts here:

In the registration form, it is not clearly stated, what type of country this field is meant to be - country of residence or citizenship.

According to my observation, there is also no choice available to make, because there is automatically pre-selected country based on IP address, which the website is accessed from. Assuming that the player is living in Germany, that means he was physically located in this country and used German IP address, therefore the choice of this field was already pre-selected when he made the registration.

We strongly believe that the player made the registration in a good faith, considering himself as a resident of Germany, because as he stated above, he is residing in this country.

Another thing I would like to point out is, that prohibiting players from casino services based on citizenship is not very common practice and it also does not make sense at all. When person is located in one specific country, according to any international laws, he is bound by the laws and legislation of that country he is residing in. Therefore this makes this rule very uncommon and weird.

We respect the casino's decision to restrict the use of it's services to whom they'd like to, however it would be very important to prevent the players from undesired countries right at the point of registration by extending the fields of "country of citizenship". This way the casino would prevent such situations as these from happening.

Dear Player and Dear Casino Guru Team. Thank you for your comments.

According to our terms and conditions - players, who provided documents from restricted countries violate regulations of the license.

In accordance with Terms and Conditions (Section: Your Obligations, clause 5) You should not use the services of Emojino if You are a resident or citizen in one of the following countries and/or territories: Romania. As far as you are a citizen of Romania we shall not provide services to you.

These are the rules of the casino and using the documents of a restricted country is against our terms. You may find more details on our website as per the earlier reply we provided.

https://emojino.com/terms-of-use

Martin, as for your comment regarding the country and a screenshot you provided. You are right, there is an automatically pre-selected country based on IP address, which the website is accessed from. However, we cannot be sure that a user doesn’t use any VPN software to mask the IP and place of registration. By registering, users, therefore, accept the terms and conditions of our casino. To the user`s understanding - ignorance of the terms is no excuse for violating the rules.

Thank you for your time and patience.

Dear Casino you have stated that you cannot be sure that i didn't used a VPN... however i have provided you in a separate email, the same day when i won the amount of 950€ with a internet bill from the german internet provider Telekom where is stated the date when the bill was issued my personal name and my address...so that's proof enough that i didn't used a VPN...i wonder to how many players have you've done the same thing, confiscated their winnings and then said they were ignorant...i hope that you get black listed and hope that what happened to me doesn't happen to anyone else because let's face it your site is a skam you stole my winnings and blocked my account for reasons of nationality DISCRIMINATION!

Hello Alex,

Thank you for your comment.

There is nothing we can do to change the rules. According to our terms and conditions - players, who provided documents from restricted countries violate regulations of the license. We provided a detailed explanation of the terms in our previous replies.

It has nothing to do with a specific country, there is a list of geos, which are blocked for our license.

Thank you for your patience and understanding.

Dear Emojino Casino's representatives,

We strongly believe that the player should have been refunded with the all deposits made at Emojino. Since he was in a situation where he simply could not win, because he is a citizen of a country which is not accepted and you do not take the place of his residence into consideration. Also he was not able to provide you with the information of his citizenship at the point of registration, which led him to believe, he is safe to play at your casino. Therefore, the solution of refunding him with at least all the deposits made to your casino is fair in our honest opinion.

I would like to kindly suggest to make the necessary changes in your registration form to further prevent situations like this.

Looking forward for your reply.

Hello Dear Casino Guru representative,

Thank you for your feedback. There is nothing we can change. We follow the terms and conditions of our website. Before registering, players have to read T&C. We have a list for specific countries, which are not allowed and we have to follow the terms described on the website. There is no subject to a refund of the full amount deposited by a player.

Regarding the IP, we have conducted a deeper investigation regarding the sign-up form on our website. There is a dropdown, which allows a player to select a country when creating an account. It appears, there is no pre-selected country based on the IP address. You can try creating an account and check it out. However, when entering a chat, we will see the IP for the specific country, the chat from the user came from. We apologize if we could have misled anyone.

Please please watch the video we sent you directly, which illustrates the process of signing-up with the dropdown menu available.

Terms and conditions are the rules of the casino, which cannot be changed. Thank you for your time, reading this reply.

Apologizing for misleading anyone does not get my money back so this means absolutely nothing to me...on your site doesn't say anything about citizenship or your birth country when you create an account this are just lame excuses to not take responsibility for your mistakes...my mistake was trusting your site and giving you people my hard earned money...you stole my deposits and my winnings what more can i say...you should not be allowed to deposit or create an account if you are a citizen of the countries that are on your black list!! Hope you guys get blacklisted because that's what you deserve for tricking people to play on your site!!

Dear Alex,

In our T&C clearly states:

You are aware that the right to access and use the Website and any products there offered, may be considered illegal in certain countries. Emojino is not able to verify the legality of service in each and every jurisdiction, consequently, You are responsible for determining whether Your accessing and using Our Website is compliant with the applicable laws in Your country and You warrant to Us that gambling is not illegal in the territory where You reside or !CITIZEN! of which you are. You should not use the services of Emojino if You are a resident or !CITIZEN! in one of the following countries and/or territories: the USA, Puerto Rico, the United States Virgin Islands, American Samoa, Guam, Marshall Islands, Northern Mariana Islands, and United States Minor Outlying Islands, Afghanistan, Algeria, Australia, Bahrain, Bangladesh, Belgium, Bhutan, Bonaire, Bulgaria, Brunei, Cambodia, Cayman Islands, Central African Republic, China, Cuba, Curacao, France, French Guiana, French Polynesia, French Southern Territories, Futuna Islands, Gibraltar, Hong Kong, Indonesia, Iran, Israel, Iraq, Jordan, Kuwait, Lebanon, Libya, Macau, Malaysia, Morocco, Niger, Nigeria, North Korea, Oman, Pakistan, Philippines, Qatar, Romania, Russia, Reunion, Saba, St Eustatius, St Martin, Saint Pierre and Miquelon, Saint-Barthelemy and Wallis, Saudi Arabia, Singapore, Slovakia, Spain, Sudan, Syria, Taiwan, Tanzania, Togo, Tunisia, Turkey, Ukraine, UAE, UK ("prohibited countries").

You have played your deposits on our website, and have been able to withdraw your last deposit(from which you had won) which you successfully withdrew.

The winnings have been deducted, as you have violated the Terms that you have agreed to before.

Dear representatives of Emojino Casino,

Please, let me summarize our conclusion for this case one last time.

Firstly, I would like to mention once again, restricting players based on their citizenship is rather unusual and the "country" field in the registration form of your casino should be better specified, whether that should counts as country of residence or country of citizenship. Since the player is a resident of Germany and also he was approaching from German IP, it seems he was led to believe he is safe to play here.

Secondly, since you do not accept players from various countries based on residence and citizenship as well, you should not accept any of the deposits that these players have made, which means that at least all the deposits should be returned to the player. We strongly believe that the player did register and deposit in good faith. Voiding winnings and not returning lost deposits is not fair at all in our point of view, because it means a 0% chance to score any win.

Lastly, we would like to ask you to consider our opinion and it would be greatly appreciated if you'd return the players deposits. If you decide otherwise, we will have no option than to close this complaint as 'unresolved' which will have a negative impact on your rating.

Hello Dear Player and Dear Casino Guru Representative,

Thank you for your messages. We have already mentioned, we have our policy, which we follow. Please see the link:

https://emojino.com/terms-of-use

We do not accept documents from restricted countries. And we cannot refund deposits, which have already been played down. Since the last deposit was not played down to zero, we have a possibility to return it.

Withdrawals section

10. Kindly be aware that our products are consumed instantly during gameplay. Thus, we cannot provide refunds, returns of goods, or cancellation of your service when playing. If you play a game with real money, the money will be drawn from your Player account instantly.

By registering on owe website, user should read terms and conditions, where it is clearly stated, that we do not accept players from restricted countries.

Quoting our terms and conditions:

"Emojino is not able to verify the legality of service in each and every jurisdiction, consequently, You are responsible for determining whether Your accessing and using Our Website is compliant with the applicable laws in Your country and You warrant to Us that gambling is not illegal in the territory where You reside or citizen of which you are."

We strongly suggest to pay attention to the terms of our website before registering so that such situations do not happen again. There is nothing we can do in this case.

Dear All!

Our website does not tolerate any rules violations. So we would like to inform you, that the request has been declined.

The decision that was made is final, and cannot be discussed.

Our users should follow the policies they have accepted while registering. Even when the user has some doubts about our T&C, he always may come to our LiveChat support(which works 24/7) and check it with them right there.

We are really sorry that this situation has happened, but we cannot break the policies we have.

So as stated above, the refund request is declined.

Dear CasinoGuru Team, please close the complaint. Thank you all for your time!

As the casino's decision seems to be final, we will have no other choice than close this complaint as unresolved with the classification 'against fair gambling codex'. Our position in this case is clear, I would like to refer to our Fair Gambling Codex's section about restricted countries: https://casino.guru/fair-gambling-codex-for-casinos#restricted-countries