pa.hollywoodcasino.com
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Submitted URL: https://click.e.mychoice.com/?qs=4c81197600d04bb3e8267b4e123758f1ec9ecf669321fcd5420d4728dcf2eb614a0e98ac8ea0194f5bff0a0ce2aa...
Effective URL: https://pa.hollywoodcasino.com/en-us/home.html?pid=Properties&c=53PGID90fScJc7_DSYLz02Nd7ZgqdRLk&affTrackCode=53PGID90fScJc7_DS...
Submission: On October 07 via manual from US — Scanned from DE
Effective URL: https://pa.hollywoodcasino.com/en-us/home.html?pid=Properties&c=53PGID90fScJc7_DSYLz02Nd7ZgqdRLk&affTrackCode=53PGID90fScJc7_DS...
Submission: On October 07 via manual from US — Scanned from DE
Form analysis 5 forms found in the DOM
<form class="gs-form ng-pristine ng-valid" id="siteSearchFormMobile" novalidate="">
<div class="form-group">
<button class="gs-form__btn btn btn-link" type="submit">
<span class="sr-only">Search button</span>
<span class="fa fa-search" aria-hidden="true"></span>
</button>
<label class="sr-only" for="siteSearchMobile">Enter search term</label>
<input type="search" class="gs-form__input gs-form__input--light" name="siteSearchMobile" id="siteSearchMobile" placeholder="Enter search term">
</div>
</form>POST #
<form method="post" onsubmit="return false" action="#" class="ng-pristine ng-valid">
<div class="m-form__group ">
<label class="sr-only" for="query">Enter Search Query</label>
<input class="m-form__text-input ng-pristine ng-untouched ng-valid ng-empty" name="query" ng-model="query" id="query" type="search" autocomplete="off" ng-change="searchOnChange()">
<span class="m-form__label" aria-hidden="true">Enter Search Query</span>
<span class="m-form__bar"></span>
<!-- /end tooltip markup -->
<!-- validation -->
<div class="error-msg" aria-live="polite">
<!-- Dynamic error message here... -->
</div>
<!--/ error-msg -->
</div>
</form>Name: formLogin — POST
<form name="formLogin" id="formLogin" method="post" novalidate="" ng-submit="login($event,'user')" class="ng-pristine ng-invalid ng-invalid-required ng-valid-minlength ng-valid-maxlength">
<div data-pd="matchPanelHeight" class="login-module__inner">
<div class="errorNotifier user-login-error login-error"></div>
<div class="m-form__group" ng-class="{'has-error has-feedback':(formLogin.gkl.$invalid && formLogin.submitted) || (formLogin.gkl.$invalid && formLogin.gkl.$visited && !formLogin.gkl.$focused),
'has-success has-feedback':formLogin.gkl.$valid && formLogin.gkl.$visited && !formLogin.gkl.$focused}">
<input id="loginModal-username" class="m-form__text-input ng-pristine ng-untouched ng-empty ng-invalid ng-invalid-required ng-valid-minlength ng-valid-maxlength" name="gkl" ng-model="gkl" type="text" ng-required="true" ng-minlength="2"
ng-maxlength="40" autocomplete="off" autocorrect="off" spellcheck="false" ng-focus="" ng-visited="" required="required">
<div ng-show="(formLogin.gkl.$visited && !formLogin.gkl.$focused) || formLogin.submitted" class="ng-hide">
<label class="error m-form__error" for="loginModal-username" ng-show="formLogin.gkl.$error.required">Please enter a username</label>
<label class="error m-form__error ng-hide" for="loginModal-username" ng-show="formLogin.gkl.$error.minlength">Usernames are at least 2 characters. </label>
<label class="error m-form__error ng-hide" for="loginModal-username" ng-show="formLogin.gkl.$error.maxlength">Username is too long.</label>
<label class="error m-form__error ng-hide" for="loginModal-username" ng-show="formLogin.gkl.$error.pattern">Please enter a valid username </label>
</div>
<label class="m-form__label" for="loginModal-username">Username</label>
<span class="m-form__bar"></span>
</div>
<div class="m-form__group" ng-class="{'has-error has-feedback':(formLogin.gkp.$invalid && formLogin.submitted) || (formLogin.gkp.$invalid && formLogin.gkp.$visited && !formLogin.gkp.$focused),
'has-success has-feedback':formLogin.gkp.$valid && formLogin.gkp.$visited && !formLogin.gkp.$focused}">
<input id="loginModal-password" class="m-form__text-input ng-pristine ng-untouched ng-empty ng-invalid ng-invalid-required ng-valid-minlength ng-valid-maxlength" name="gkp" ng-model="gkp" type="password" autocomplete="off" ng-required="true"
ng-minlength="8" ng-maxlength="20" ng-focus="" ng-visited="" required="required">
<div ng-show="(formLogin.gkp.$visited && !formLogin.gkp.$focused) || formLogin.submitted" class="ng-hide">
<label class="error m-form__error" for="loginModal-password" ng-show="formLogin.gkp.$error.required">Please enter a password</label>
<label class="error m-form__error ng-hide" for="loginModal-password" ng-show="formLogin.gkp.$error.minlength">Passwords are at least 8 characters.</label>
<label class="error m-form__error ng-hide" for="loginModal-password" ng-show="formLogin.gkp.$error.maxlength">Password is too long.</label>
<label class="error m-form__error ng-hide" for="loginModal-password" ng-show="formLogin.gkp.$error.pattern">Please enter a valid password</label>
</div>
<label class="m-form__label" for="loginModal-password">Password</label>
<span class="m-form__bar"></span>
</div>
<a href="/content/portal/en/forgot-password.html" class="login-module__forgot-password">Forgot Password?</a>
</div>
<button id="login-submit-button" name="loginSubmit" class="btn btn-wide btn-login btn-progress" type="submit" ng-disabled="disableButton">Sign In<i class="fa fa-spinner fa-pulse"></i></button>
</form>Name: userTwoWayAuth —
<form class="login-form ng-pristine ng-invalid ng-invalid-required ng-valid-pattern ng-valid-minlength ng-valid-maxlength" id="userTwoWayAuth" name="userTwoWayAuth" novalidate="novalidate">
<div data-pd="matchPanelHeight">
<div class="errorNotifier user-login-error login-error"></div>
<div ng-show="resendOTPErrorMsg" class="alert alert-danger ng-binding ng-hide" role="alert"></div>
<div ng-show="resendOTPSuccessMsg" class="alert alert-success ng-binding ng-hide" role="alert"></div>
<p>You have strong authentication enabled. Please enter the six digit one time passcode that has been sent to your registered email address.</p>
<p><a href="#" class="resend-otp" ng-click="resendEmail()" ng-disable="disabled">Resend One Time Passcode ></a></p>
<div class="m-form__group">
<input class="m-form__text-input ng-pristine ng-untouched ng-empty ng-invalid ng-invalid-required ng-valid-pattern ng-valid-minlength ng-valid-maxlength" type="text" ng-model="twowayauthvalue" name="twowayauthvalue" id="twowayauthvalue"
autocomplete="off" autocorrect="off" spellcheck="false" required="required" ng-required="true" minlength="6" maxlength="6" ng-minlength="6" ng-maxlength="6" ng-pattern="/^[\\+0-9 ]*$/">
<div ng-show="(userTwoWayAuth.twowayauthvalue.$visited && !userTwoWayAuth.twowayauthvalue.$focused) || userTwoWayAuth.submitted" class="ng-hide">
<label class="error" for="twowayauthvalue" ng-show="userTwoWayAuth.twowayauthvalue.$error.required">Please enter One Time Passcode here</label>
<label class="error ng-hide" for="twowayauthvalue" ng-show="userTwoWayAuth.twowayauthvalue.$error.minlength">One Time Passcode must be 6 digits</label>
<label class="error ng-hide" for="twowayauthvalue" ng-show="userTwoWayAuth.twowayauthvalue.$error.maxlength">One Time Passcode must be 6 digits</label>
<label class="error ng-hide" for="twowayauthvalue" ng-show="userTwoWayAuth.twowayauthvalue.$error.pattern && !userTwoWayAuth.twowayauthvalue.$error.minlength">One Time Passcode must contain digits only</label>
</div>
<label class="m-form__label" for="twowayauthvalue">One Time Passcode</label>
<span class="m-form__bar"></span>
</div>
<p> </p>
</div>
<div class="verify-btns verify-btns-right clearfix" data-pd="matchverifyHeight">
<button id="verify-otp-submit" type="submit" class="btn btn-login btn-progress" ng-click="verifyOtp()">Verify and Sign In <i class="fa fa-spinner fa-pulse"></i></button>
<a href="#" class="btn btn-outline" ng-click="cancelTwoWayAuth()">Cancel</a>
</div>
</form>GET https://tr.snapchat.com/cm/i
<form method="GET" action="https://tr.snapchat.com/cm/i" target="snap022117916835005946" accept-charset="utf-8" style="display: none;"><iframe id="snap022117916835005946" name="snap022117916835005946"></iframe><input name="pid"></form>Text Content
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WE'RE ALWAYS HERE TO HELP.
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ACCOUNT NOT FULLY ACTIVATED
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CONFIRM NEW LIMITS
To complete your limit increase, please confirm your new limit.
DAILY DEPOSIT LIMIT
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SINGLE WAGER LIMIT
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DAILY SESSION LIMIT
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HOLLYWOODCASINO.COM TERMS AND CONDITIONS
TABLE OF CONTENTS
1. Introduction
2. Privacy
3. Eligibility for the Services
PART I – TERMS SPECIFIC TO INTERACTIVE GAMING ACTIVITIES
4. Account Creation
5. Depositing Funds
6. Promotions, Bonuses, and Special Offers
7. Interactive Gaming Wagers
8. Errors; Loss of Connection
9. Fraudulent Activities; Prohibited Transactions
10. Withdrawing Funds
11. Method of Obtaining Account and Game History
12. Tax Reporting and Withholding
13. Account Security and Account Holder Responsibilities
14. Closure of Accounts
15. Self-Exclusion and Self-Suspension
PART II – IMPORTANT TERMS APPLICABLE TO ALL SERVICES, CONTENT, AND USERS
16. Connectivity; Communications
17. Copyright; Trademarks
18. User Content and Conduct
19. Service Usage; Termination of Usage
20. Links; Third Party Websites
21. Virtual Goods
22. Disclaimer; Limitation of Liability
23. Indemnification
24. Applicable Law; Jurisdiction; ARBITRATION; Dispute Resolution
PART III – IMPORTANT NOTICES AND TERMS OF AGREEMENT
25. Filtering
26. Rules for Sweepstakes, Contests, Raffles, Surveys and Similar Productions
27. Severability; Interpretation
28. Entire Agreement
29. Miscellaneous
30. Contact Information for Customer Service and the Pennsylvania Gaming Control
Board; Complaints to the Pennsylvania Gaming Control Board
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCEPTING. BY ACCEPTING ANY CHANGES,
YOU ACKNOWLEDGE THAT YOU HAVE READ AND ACCEPT THESE TERMS, WHICH INCLUDE AN
ARBITRATION PROVISION.
1. INTRODUCTION
HollywoodCasino.com provides customers with the ability to create, access, and
use interactive gaming accounts (each an “Account”). Accounts are intended for
personal use only and only by individuals who satisfy the eligibility
requirements relating to physical location, age, and other criteria in Section
3. Please read these Terms of Service closely for additional restrictions on
your use of an Account for any interactive gaming.
This Terms of Service Agreement (“Agreement”) is an agreement between you (“you”
or “User”) and Mountainview Thoroughbred Racing Association, LLC (“Licensee”),
Penn Online Entertainment, LLC (“Service Provider”), and their respective
parents, subsidiaries, affiliates, members, developers, and partners
(collectively, “the Company”, “we”, or “us”). Licensee holds a license issued
by the Pennsylvania Gaming Control Board (the “Board”) that authorizes Licensee
to conduct interactive gaming with eligible and registered individuals
physically located in the Commonwealth of Pennsylvania.
This Agreement governs the creation of and access to your Account, the use of
your Account for all interactive gaming activities, your access and use of
HollywoodCasino.com, and your ability to engage in interactive gaming within
HollywoodCasino.com (collectively, the “Services”). As used herein,
“HollywoodCasino.com” shall include all related web pages, interactive features,
applications, widgets, blogs, call center, and mobile applications, and their
respective contents, whether accessed via computer, mobile device, or other
technology.
By using the Services, you agree to be bound by the terms and conditions
contained in this Agreement. If you do not agree to the terms and conditions
contained in this Agreement, you may not access or otherwise use the Services.
In addition, when using particular services or features or making purchases on
the Services, you shall be subject to any posted guidelines or policies
applicable to such services, features or purchases that may be posted from time
to time (including, without limitation, all posted rules and requirements for
each individual wagering game such as the rules of poker). All such guidelines
or policies are hereby incorporated by reference into this Agreement and you
agree to abide by such guidelines or policies as in effect from time-to-time.
Moreover, the availability of the Services and your Account are subject, at all
times, to applicable law and regulations in all respects as in effect from
time-to-time.
NOTICE REGARDING DISPUTE RESOLUTION: This Agreement contains provisions that
govern how claims you and we have against each other are resolved (see Section
23 below), including an obligation to arbitrate disputes, which will, subject to
limited exceptions, require you to submit claims you have against the Company to
binding arbitration, unless you opt-out in accordance with Section 23 below.
2. PRIVACY
Use of the Services is subject to the terms of our Privacy Policy which is
hereby incorporated into and made part of this Agreement. Please carefully
review our Privacy Policy, available by clicking here. By using the Services,
you acknowledge that you have read, and you agree to be bound by, the terms of
our Privacy Policy. We reserve the right, and you authorize us, to use
information regarding your use of the Services, account registration, and any
other personal information provided by you in accordance with our Privacy
Policy. You further acknowledge and agree that any disputes related to the
Privacy Policy, including any breaches in security or privacy, will be subject
to the limitations on liability and dispute resolution provisions contained in
this Agreement.
3. ELIGIBILITY FOR THE SERVICES
By entering into this Agreement, you certify that you are (i) fully able and
competent to enter into this Agreement, and (ii) at least twenty-one (21) years
of age. In addition, you certify that you are not (iii) on any self-exclusion
lists or other exclusion lists where individuals named therein are prohibited
from playing in-person or interactive casino or pari-mutuel wagering or (iv) a
gaming employee, key employee or principal licensed by the Board. If you are
accessing the Services from a mobile device, you also may be required to turn on
location services on your mobile device and for the mobile application.
You further agree that you will be physically present in person in the
Commonwealth of Pennsylvania at all times while wagering on the Services (or in
such other U.S. State or territory from which we may permit you to use the
Services in the future, in which case such permission shall be posted
prominently on the Services). We are required to explicitly advise you that it
is a Federal offense for persons physically located outside of this Commonwealth
to engage in interactive wagering through the Services unless explicitly
authorized by the Board or an interactive gaming reciprocal agreement. Wagering
on the Services will also be unavailable within the Commonwealth of Pennsylvania
where prohibited by the Board or applicable law.
You must and agree to comply, at all times, with all applicable laws, statutes,
and regulations in order to be eligible for the Services. We reserve the right
to verify your eligibility at any time. We further reserve the right to limit
the availability of the Services within Pennsylvania without further notice to
you and in our sole discretion. We further reserve the right to terminate the
Services in whole or in part, or to terminate or deny you access to the
Services, at any time in our sole discretion.
PART I – TERMS SPECIFIC TO INTERACTIVE GAMING ACTIVITIES
4. ACCOUNT CREATION
You are required to establish an Account and are limited to only one Account in
order to take advantage of certain features of the Services, including all
interactive gaming. This account is limited to your personal use and may not be
accessed by, used by, transferred to, or assigned to any other person. The
Account must also be in your own name and not in the name of any other person
(living or deceased), a beneficiary, trust, custodian, or entity. When
providing information on the Services, you agree to (a) provide true, accurate,
current and complete information about yourself requested by the Company and (b)
maintain and promptly update such information to keep it true, accurate,
current, and complete. If you provide any information that is false,
inaccurate, outdated or incomplete, or the Company has reasonable grounds to
suspect that such information is false, inaccurate, outdated, or incomplete, the
Company has the right to suspend or terminate your Account and prohibit any and
all current or future use of the Services (or any portion thereof) by you.
When establishing your one and only Account, you must:
* Read and agree to abide by all of the terms and conditions set forth in this
Agreement, which will be available to you during the Account creation
process;
* Provide all requested personal information, which may include, without
limitation, your full legal name, residential mailing address, email address,
at least the last four digits of social security number, date of burth, and
phone number;
* Provide such identification or documentation as may be requested to verify
your identity, which may include, without limitation, copies of your driver's
license, social security card, or utility bills;
* Establish the required Account information, as may be required from
time-to-time, including a unique username and password, and verify whether
you would like to implement strong authentication for your Account;
* Authorize the Company to use third party services to perform any and all
verifications to authenticate your identity, age, date of birth, residence,
full nine digit social security number, and other personal and identification
information, including (without limitation) services provided by credit
reporting agencies;
* Agree to update your personal information upon any change as soon as possible
but in no event later than ten (10) days after such change;
* Consent to the monitoring and recording of any wagering communications and
geographic location information by the Company and/or the Board;
* Agree to pay all charges posted to your Account for the Services provided
under this Agreement; and
* Acknowledge that false or misleading statements made when establishing an
Account may subject you to civil and criminal penalties.
If you meet the eligibility criteria and successfully complete the Account
creation process, you will become an “Account Holder” subject to all of the
terms and conditions applicable to Account Holders under this Agreement. The
address you provide shall be deemed the address of record for the purposes of
mailing you checks, account withdrawals, notices, and other materials.
After you have accepted this Agreement as part of the Account creation, you can
revisit and access the terms and conditions by visiting HollywoodCasino.com.
5. DEPOSITING FUNDS
Deposits may not be accepted from financial accounts that are in the name of
someone other than the Account Holder. You are solely responsible for any fees
and charges, including cash advance fees and charges, assessed to you by your
bank, credit card, or other financial service provider from any deposit into
your Account. We are not a bank and deposited funds shall not bear any
interest. Funds in your Account will be combined with the funds of other
Account Holders and placed into pooled accounts with one or more FDIC-insured
banks ("Pooled Accounts") separate from any our operating accounts. Balances in
U.S. Dollars that are held in Pooled Accounts at one of the banks may be
eligible for FDIC pass-through insurance. In the unlikely event that an
FDIC-insured bank that holds your funds fails, the total of all of your balances
would be subject to FDIC pass-through deposit insurance coverage up to a total
of $250,000.00.
We reserve the right to deny a deposit at any time, in our sole discretion and
with or without notice; refunds may only be granted in our sole discretion. We
are not liable for any damages or losses resulting from any delay, denial, or
error in processing a deposit. All deposits must be paid in U.S. dollars with
funds derived from lawful sources and for which you have the authority to
transfer through such methods of deposit as may be authorized by us from
time-to-time in our sole discretion, which may include the following:
* Online or mobile deposit on the Services by Automated Clearing House via
electronic funds transfer from a bank account;
* Online or mobile deposit on the Services by Visa or MasterCard credit or
debit cards;
* Cash deposits via PayNearMe;
* Online or mobile deposit on the Services via your verified pre-paid account
card with Sightline Payments LLC; and
* Such other options that may become available in the future in our sole
discretion.
Please note that CASH CANNOT BE ACCEPTED BY MAIL. You are solely responsible
for any additional terms, conditions, or fees imposed by the applicable
financial institutions or service providers transferring your funds into your
Account.
You further agree that you will not attempt to reverse, charge-back, block,
cancel, or in any way attempt to prevent us from receiving the deposit and you
consent to us sharing information with third parties necessary to process your
deposit and to perform any background check necessary, in our sole discretion,
to ensure that your payment source and method are authorized.
Each deposit method may be subject, in our sole discretion, to different (i)
fees, (ii) minimum and maximum deposit requirements, (iii) hold periods before
the deposit is posted to your Account; and (iv) additional requirements. Such
requirements and deposit instructions are available and kept current here. You
acknowledge that these requirements and deposit instructions are subject to
change from time-to-time without further notice to you and in our sole
discretion and agree to abide by all posted requirements and instructions when
depositing funds.
In the event that you attempt a deposit that does not clear or that is not
honored by your financial institution (“Failed Deposit”), the Company may assess
a service charge and reserves its right to recover the funds by any appropriate
means, including, without limitation, collection agencies. You further agree to
be responsible for and hold the Company harmless for any losses, expenses,
damages, and costs, including any reasonable attorneys’ fees, incurred by the
Company arising out of or related to any Failed Deposit or the Company’s
recovery of the funds from the Failed Deposit.
6. PROMOTIONS, BONUSES, AND SPECIAL OFFERS
All promotions, bonuses, or special offers offered to Account Holders on the
Services are subject to the express terms of the bonus offered and
promotion-specific terms and conditions and any bonus credited to your Account
must be used in adherence with such terms and conditions. By accepting a
promotion, bonus, or special offer available on the Services, you consent to the
terms and conditions of such promotion, bonus, or special offer. We reserve the
right to withdraw any promotion, bonus, or special offer at any time. Bonus
funds and any winnings derived therefrom are only converted to cash in
accordance with the express terms of the bonus offered and the
promotion-specific terms and conditions. Bonus funds that have not been
converted to cash may be forfeited under circumstances identified in the terms
and conditions of a specific promotion, bonus, or special offers.
7. INTERACTIVE GAMING WAGERS
Wagering on the Services is limited under applicable law to Account Holders who
are physically located in the Commonwealth of Pennsylvania at the time they are
using the Services. Additional geographic restrictions may apply within the
Commonwealth of Pennsylvania. If your location cannot be confirmed when you are
using the Services, your use of the Services will be limited and you will not be
allowed to place any wagers. You further consent to the monitoring and
recording by us (or our service providers) and/or by the Board of any wagering
communications and geographic location information for determining compliance
with applicable legal requirements.
Subject to the foregoing paragraph, Account Holders may place wagers in U.S.
dollars at interactive games on the Services via the website or mobile
application. Account Holders may only wager up to the balance in their Account,
or personal limits set by the Account Holder, whichever is lesser. All wagered
funds are withdrawn from your Account at the time you place the wager at the
interactive game.
We reserve the right, at our discretion and without prior notice to you, to
cancel or reject any individual wager prior to completing the wagering
transaction and/or discontinue, deny, or alter the Services offered without
creating any obligation or liability to you. In the event we cancel or reject
any particular wager after withdrawing the wagering amount from your Account, we
shall promptly refund the wagering amount to your Account.
You acknowledge and agree that you shall not utilize automated computerized
software or other equivalent mechanisms, such as “bots,” to engage in
interactive gaming or otherwise use the Services.
8. ERRORS; LOSS OF CONNECTION
You agree to inform us as soon as you become aware of any Errors (as defined
below) with respect to your Account. A malfunction voids all pays. In the
event of any such error or system failure or game error (a divergence from the
normal functioning of the game logic) that results in an error in any odds
calculation, charges, fees, rake, bonuses, or payout (“Error”), the Company will
seek to place all parties directly affected in the position they were in before
the error occurred. Subject to compliance with applicable law regarding
completed wagering transactions, we reserve the right to declare null and void
any wagers that were subject of such Error and to take any money from your
Account relating to the relevant wagers. If there are insufficient funds in
your Account, we may demand that you pay us the relevant outstanding amount
relating to the null and void wagers.
In the event that you are disconnected from the Services during game play, you
will be required to log back into your Account to resume game play, check
balances, or otherwise use the Services. The result of any unfinished game play
that you initiated prior to being disconnected from the Services will be subject
to the specific rules of the applicable game, which may allow the game to remain
in an unfinished state for a specified period (until you log back in or the
period expires) or to be completed while you are disconnected in circumstances
in which no further action or wager is required. Results of any game play that
you initiated prior to being disconnected (including any winnings, losses or
refunds) will be made available in your transactions history and will be
reflected in the available funds in your Account. In certain circumstances, if
your disconnection from the Services prevails longer than the specified period
in the game rules, it may take us longer in closing off unfinished sessions.
Your available balance may show an adjustment as a result of this with the
details made available in your transactions history. In the event of any
conflict between the specific game rules and these generally applicable terms,
the specific game rules shall govern.
9. FRAUDULENT ACTIVITIES; PROHIBITED TRANSACTIONS
If, in our sole determination, you are found to have cheated, colluded with any
other User or Users, engaged in any fraudulent or unlawful activity, or
otherwise attempted to defraud us or other Users, including, without limitation,
by means of game manipulation, payment fraud (including use of stolen credit
cards, chargebacks or other payment reversals), betting on all possible
outcomes, concealing your physical location, or money laundering, or if we
suspect you of any of the foregoing or if your deposits failed to be honored by
your bank for any reason, the Company has the right, in its sole discretion, to
suspend or close your Account, void and withhold any or all winnings from such
activities, void and withhold any player ratings (including, without limitation,
myChoice Points), and/or recover winnings or debts from such activities using
whichever method may lawfully be available to the Company. In addition, we
reserve the right to report such activity to the Board for further
investigation. Recovery methods may include, but are not limited to, debiting
the amount owed by you from your Account and/or instructing third-party
collections agencies to collect the debt. This may have a detrimental impact on
your credit rating and will require the Company to share your personal
information, including your identity, with the appropriate agencies, and to
report any criminal or suspicious activity to the appropriate authorities.
10. WITHDRAWING FUNDS
All withdrawals of cash balances in your Account are paid out in U.S. dollars
through such methods of withdrawal as may be authorized by us from time-to-time
in our sole discretion, which may include the following:
* Online or mobile withdrawal on the Services by Global Payments Inc. via their
VIP Preferred ACH electronic funds transfer to a bank account;
* Online or mobile request for a check request made payable to the account
holder's name and sent to the address of record;
* Online or mobile withdrawal on the Services via your verified pre-paid
account card with Sightline Payments LLC; and
* Such other options that may become available in the future in our sole
discretion.
All withdrawals will be processed within approximately five (5) business days of
the withdrawal request with the funds from your Account available as promptly as
possible in accordance with the applicable withdrawal method. Each withdrawal
may be subject, in our sole discretion, to different (i) minimum and maximum
withdrawal requirements, (ii) hold periods before the withdrawal is posted to
your Account; and (iii) additional requirements. Such requirements and
withdrawal instructions are available and kept current here. Bonus funds that
have not been converted to cash in accordance with the applicable bonus and
promotion terms may not be withdrawn from your Account. You acknowledge that
these requirements and withdrawal instructions are subject to change from
time-to-time without further notice to you and in our sole discretion and agree
to abide by all posted requirements and instructions.
11. METHOD OF OBTAINING ACCOUNT AND GAME HISTORY
A statement of your account detailing your Account and game history can be
obtained by logging into your Account and clicking on the “MY ACCOUNT” section
and then clicking on the “TRANSACTION DETAILS” link.
12. TAX REPORTING AND WITHHOLDING
Your use of the Services is subject to compliance with applicable U.S. tax
reporting and withholding laws as in effect from time-to-time. You acknowledge
and agree that the Company must and is hereby authorized to report and/or
withhold your winnings in accordance with U.S. tax reporting and withholding
laws as in effect from time-to-time. All winnings subject to reporting and/or
withholding may be reported and/or withheld by the Company and a copy of the
W-2G Form (or such other form provided by the U.S. Internal Revenue Service for
this purpose) summarizing the information may be issued by the Company for tax
purposes no later than when required by applicable law. You hereby irrevocably
authorize us to file all required reports regarding your wagering activities
with the U.S. Internal Revenue Service and any other applicable taxing
authority. In addition to any withholding by us, you may be subject to
additional income withholding requirements based on the applicable law in your
state of residency. You are solely responsible for any taxes incurred in
connection with winnings on the Services.
You agree to indemnify and hold harmless the Company for any claims, demands,
liens, or judgments based on your non-payment or underpayment of such taxes.
You hereby grant to the Company a priority lien and security interest in all of
your right, title and interest in and to the proceeds of any wager to the extent
required to satisfy any taxing authority’s claims or liens.
13. ACCOUNT SECURITY AND ACCOUNT HOLDER RESPONSIBILITIES
You are prohibited from placing wagers on behalf of another person or allowing
any other person to place wagers from or otherwise use your Account. You
acknowledge that allowing another person, particularly a person who is under
twenty-one (21) years of age, to participate in interactive gaming is a criminal
offense, and any person who does so may be prohibited from interactive gaming in
the Commonwealth of Pennsylvania (among other potential penalties).
In addition, you must protect the confidentiality and security of your Account,
including, without limitation, your username and password and you further agree
to safeguard your Account from any unauthorized use by other individuals. You
must immediately notify the Company of any unauthorized use of your Account or
any other breach of security by contacting Customer Service. To protect the
security of your Account, you must log-out of your Account at the end of each
online and mobile session. After fifteen (15) minutes of inactivity (or such
other period of inactivity as may be in effect from time-to-time), you will be
automatically logged out and will need to re-enter your username and password to
resume using of the Services. Failure to re-enter your login credentials will
result in the system automatically logging you out after you have been inactive
or in “away from computer” status for thirty (30) minutes. In order to protect
your Account from unauthorized access, repeated attempts to access an Account
with incorrect log in information may result in your Account being locked. To
unlock your Account you will need to contact Customer Service. For your
protection, do not disclose your username or password to anyone.
Without limiting the foregoing, you are responsible for all wagers transmitted
from your Account. Funds withdrawn from your Account for any such wagering will
not be refunded to your Account, including wagers resulting from unauthorized
use of your Account prior to your taking steps to prevent such occurrence
(i.e. by notifying the Company and changing your log-in information). The
Company and its Affiliated Parties (as defined in Section 21) are not liable for
any loss or damage arising from your failure to comply with this Section.
Account Holders may change or reset their password by calling Customer Service
and verifying their identity. In addition, passwords may be changed or reset on
the Services.
14. CLOSURE OF ACCOUNTS
Simply deleting the mobile application on your mobile device will not close your
Account. Instead, you may close your Account by calling Customer Service at the
phone number listed in Section 30 and any funds remaining in an Account when you
contact Customer Service to close your Account will be remitted to you. In the
event an Account Holder is deceased, funds in the Account Holder’s account will
be released to the decedent’s duly authorized representative upon receiving a
copy of a valid death certificate and other documents as may be required.
Your Account becomes inactive if your Account remains dormant without the
Account Holder logging in for one (1) full calendar year (an “Inactive
Account”). We reserve the right to close or suspend Inactive Accounts. Any
funds remaining on deposit and any pending wagers shall be treated as provided
by applicable regulations, which may include reporting the funds as abandoned
and remitting the funds to the Pennsylvania Treasury, Bureau of Abandoned and
Unclaimed Property or such other agency as may be applicable. We will attempt
to contact you with the contact information in your Account by mail or email to
inform you that your Inactive Account is subject to termination.
We may limit, terminate, or suspend use of Accounts in our sole discretion, or
if you violate any term of this Agreement, if you file for bankruptcy, or as may
be required by state or federal law.
15. SELF-EXCLUSION AND SELF-SUSPENSION
If you or someone you know has a gambling problem, call 1-800-GAMBLER.
Individuals may choose to set responsible gaming limits, suspend their Accounts
for no less than seventy-two (72) hours, or exclude themselves from establishing
or maintaining an Account on the Services. To request placement on the Board’s
interactive gaming self-exclusion list, an individual must submit a
completed Request for Voluntary Self-Exclusion from Interactive Gaming form on
the Board’s website. A person who has enrolled in interactive gaming
self-exclusion or has otherwise been excluded from interactive gaming
activities, and individuals who are under the age of 21, shall not participate
in interactive gaming or interactive gaming activities and will have their
winnings forfeited and interactive gaming accounts suspended upon violation.
Additional information on the Board’s interactive gaming and other
Self-Exclusion programs is available on the websites for the Pennsylvania Gaming
Control Board, its Office of Compulsive and Problem Gambling or the Department
of Drug and Alcohol Programs gambling addiction participating provider,
including the Self Exclusion Instructions, FAQs, and Brochure.
You can also visit the website for the National Council on Problem
Gambling or Council on Compulsive Gambling of Pennsylvania, Inc. for additional
resources.
Visit our Player Protection Page and responsible gaming website for more
information.
PART II – IMPORTANT TERMS APPLICABLE TO ALL SERVICES, CONTENT AND USERS
16. CONNECTIVITY; COMMUNICATIONS
You must have an internet-enabled mobile device using either the iOS or Android
operating system in order to access the Services, the use of which is subject to
your acceptance and compliance with the End User License Agreement. The End
User License Agreement for the iOS operating system can be found here. The End
User License Agreement for the Android operating system can be found
here. Normal carrier charges and taxes may apply to any content you obtain from
the Services. The Company is not responsible for any surcharges you incur from
your mobile or internet service provider as a result of the use of the Services.
17. COPYRIGHT; TRADEMARKS
You acknowledge that all materials on the Services, including the Services’
design, graphics, text, sounds, pictures, software and other files and the
selection and arrangement thereof (collectively, “Materials”), are the property
of the Company or its licensors, and are subject to and protected by United
States and international copyright and other intellectual property laws and
rights. You will not obtain any ownership interest in the Materials or the
Services through this Agreement or otherwise. All rights to Materials not
expressly granted in this Agreement are reserved to their respective copyright
owners. Except as expressly authorized by this Agreement or on the Services,
you may not copy, reproduce, distribute, republish, download, perform, display,
post, transmit, exploit, create derivative works or otherwise use any of the
Materials in any form or by any means, without the prior written authorization
of the Company or the respective copyright owner. The Company authorizes you to
view and download the Materials only for personal, non-commercial use, provided
that you keep intact all copyright and other proprietary notices contained in
the original Materials. You may not modify or adapt the Materials in any way or
otherwise use them for any public or commercial purposes. The trademarks,
service marks, trade names, trade dress and logos (collectively, “Marks”)
contained or described on the Services are the sole property of the Company
and/or its licensors and may not be copied, imitated or otherwise used, in whole
or in part, without the prior written authorization of the Company and/or
licensors. In addition, all page headers, custom graphics, button icons, and
scripts are Marks of the Company and may not be copied, imitated or otherwise
used, in whole or in part, without the prior written authorization of the
Company. The Company will enforce its intellectual property rights to the
fullest extent of the law.
18. USER CONTENT AND CONDUCT
Where applicable at the Services (e.g., on message boards), you are invited to
post your own content (“User Content”). You understand that all User Content,
whether you have publicly posted on a forum, posted as part of your profile, or
privately transmitted to another Service user or to us, is your sole
responsibility. Though the Services are designed to be a safe place to share
such User Content, the Company cannot guarantee that other Users will not misuse
the User Content that you share. If you have any User Content that you would
like to keep confidential and/or do not want others to use (including but not
limited to, photos, personal information, name, home address, telephone number,
etc.), do not post it to the Services. Under no circumstances will the Company
be liable in any way for any User Content, including, but not limited to, any
errors or omissions in any User Content, or for any loss or damage of any kind
incurred as a result of the use of any User Content posted, emailed, or
otherwise transmitted via the Services. THE COMPANY IS NOT RESPONSIBLE FOR A
USER’S MISUSE OR MISAPPROPRIATION OF ANY USER CONTENT YOU POST TO THE SERVICES.
By posting any User Content at the Services, you hereby grant the Company a
royalty-free, fully paid-up, perpetual, irrevocable, non-exclusive and fully
sub-licensable right and license to use, reproduce, modify, adapt, publish,
translate, combine with other works, create derivative works from, distribute,
perform, edit and display such User Content (in whole or in part) worldwide
and/or to incorporate it in other works in any form, media, or technology now
known or later developed. You specifically waive any “moral rights” in and to
the User Content. The foregoing grant includes, without limitation, any
copyrights and other intellectual property rights in and to your User Content.
You represent and warrant that: you own the User Content posted by you on or
through the Services or otherwise have the right to grant the license set forth
in this Section; and the posting of your User Content on or through the Services
does not violate the privacy rights, publicity rights, copyrights, contract
rights or any other rights of any person. You agree to pay for all royalties,
fees, and any other monies owing any person by reason of any User Content you
posted to or through the Services.
You acknowledge and agree that the Company may preserve User Content and may
also disclose User Content if required to do so by law or in the good faith
belief that such preservation or disclosure is reasonably necessary to: comply
with legal process; enforce this Agreement; respond to claims that any User
Content violates the rights of third-parties; or protect the rights, property,
or personal safety of the Company, its users and the public. You understand
that the technical processing and transmission of the Services, including your
User Content, may involve: transmissions over various networks; and changes to
conform and adapt to technical requirements of connecting networks or devices.
You agree to each of the conditions in this Agreement and further agree that
each of these conditions applies forever and broadly with regard to the Company
worldwide. Posting of User Content to or through the Services, including ideas
or disclosures of opinions, is voluntary on your part. No confidential or
additional contractual relationship is established by your posting of User
Content or is to be implied by our review or subsequent use of your User
Content. The Company shall not be liable for any disclosure of any User
Content, including opinion(s) or suggestion(s), which you post to or through the
Services. THE COMPANY SHALL BE ENTITLED TO UNRESTRICTED USE OF ANY USER CONTENT
IT MAY RECEIVE FROM YOU AT OR THROUGH THE SERVICES, FOR ANY PURPOSE WHATSOEVER,
COMMERCIAL OR OTHERWISE, WITHOUT COMPENSATION TO YOU AS PROVIDER OF THE USER
CONTENT.
You agree that you will not use the Services to:
* upload, post, email, or otherwise transmit any User Content that is unlawful,
harmful, threatening, abusive, harassing, defamatory, vulgar, obscene,
pornographic, libelous, invasive of another's privacy, hateful racially,
ethnically, or otherwise, unlawful, or objectionable (including without
limitation, nudity and depiction of drug use);
* harm minors in any way;
* impersonate any person or entity, including, but not limited to, a
representative of the Company, or falsely state or otherwise misrepresent
your affiliation with a person or entity;
* forge headers or otherwise manipulate identifiers in order to disguise the
origin of any User Content transmitted through the Services;
* upload, post, email, or otherwise transmit any User Content that you do not
have a right to transmit under any law or under contractual or fiduciary
relationships (such as inside information, or proprietary and confidential
information learned or disclosed as part of employment relationships or under
nondisclosure agreements);
* unpload, post, email or otherwise transmit any User Content that infringes
any patent, trademark, trade secret, copyright or other proprietary rights
("Rights") of any party;
* upload, post, email or otherwise transmit any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation, except in those areas
that are designated for such purpose;
* upload, post, email or otherwise transmit any material that contains software
viruses or any other computer code, files, or programs designed to interrupt,
emulate, destroy, or limit the functionality of any computer software or
hardware or telecommunications equipment;
* disrupt the normal flow of dialogue, cause a screen to "scroll" faster than
other users of the Services are able to type, or otherwise act in a manner
that negatively affects other users' ability to engage in real time
exchanges;
* interfere with or disrupt the Services or servers or networks connected to
the Services, or disobey any requirements, procedures, policies or
regulations of networks connected to the Services;
* "stalk" or otherwise harass another;
* collect or store personal information or data about other Service users, or
disclose another user's personal information or data to any third party;
* solicit personal information or data from anyone under twenty-one (21) years
of age; and/or
* "bot," "hack," "crack," or otherwise attempt to circumvent any access
control, copyright protection, or license-enforcement mechanisms associated
with or related to the Services.
You understand that by using the Services, you may be exposed to User Content
created by others that is offensive, indecent, or objectionable. The Company
does not endorse or have control over what is posted as User Content. User
Content is not reviewed by the Company prior to posting and does not reflect the
opinions or policies of the Company. The Company makes no representations or
warranties, express or implied, as to the User Content or the accuracy and
reliability of the User Content or any other material or information that you
may access through the Services. The Company assumes no responsibility for
monitoring the Services for inappropriate submissions or conduct, but reserves
the right to do so. If at any time the Company chooses, in its sole discretion,
to monitor the Services, the Company nonetheless assumes no responsibility for
the User Content, has no obligation to modify or remove any inappropriate User
Content, and has no responsibility for the conduct of the Services users
submitting any such User Content.
Notwithstanding the foregoing, the Company and its designees shall have the
right to remove any User Content at any time, without notice and for any reason,
including but not limited to, content that violates this Agreement or is
otherwise objectionable, in the Company’s sole discretion. You agree that you
must evaluate and bear all risks associated with, the use of any User Content,
including any reliance on the accuracy, completeness, or usefulness of such User
Content. The Company may store User Content indefinitely. However, the Company
has no obligation to store User Content or make it available to you in the
future.
You are solely responsible for your interactions with other Service users. The
Company reserves the right, but has no obligation, to monitor disputes between
you and other Service users. The Company reserves the right to terminate your
Services access if the Company determines, in its sole discretion, that doing so
is prudent.
You may submit reviews or other feedback using forms on the Services. Any
comments, suggestions, or feedback relating to the Services (collectively
“Feedback”) submitted to the Company shall become the property of the Company.
The Company will not be required to treat any Feedback as confidential, and will
not be liable for any ideas (including without limitation, product, application,
website, Services or advertising ideas) and will not incur any liability as a
result of any similarities that may appear in the Services, or operations, in
the future. Without limitation, the Company will have exclusive ownership of
all present and future existing rights to the Feedback of every kind and nature
everywhere and will be entitled to use the Feedback for any commercial or other
purpose whatsoever, without compensation to you or any other person sending the
Feedback. You acknowledge that you are responsible for whatever material you
submit, and you, not the Company, have full responsibility for the message,
including its legality, reliability, appropriateness, originality, and
copyright.
19. SERVICE USAGE; TERMINATION OF USAGE
You are responsible for maintaining the confidentiality of the password(s) and
account(s) you may create and are fully responsible for all activities that
occur under your password(s) and account(s). The Company reserves the right to
refuse registration of, or cancel, a username in its sole discretion. You agree
to (a) immediately notify the Company of any unauthorized use of your password
or account or any other breach of security, and (b) ensure that you exit from
your account at the end of each session. You agree to be responsible for all
actions resulting from the use of your account on the Services, including
actions resulting from unauthorized use of your account prior to your taking
steps to prevent such occurrence by changing your password and notifying the
Company. The Company and its Affiliated Parties (as defined in Section 21)
cannot and will not be liable for any loss or damage arising from your failure
to comply with this Section.
You agree to use the Services only for lawful purposes, and that you are
responsible for your use of and communications on the Services. You agree not
to post on or transmit through the Service any unlawful, infringing,
threatening, harassing, defamatory, vulgar, obscene, profane, indecent,
offensive, hateful, or otherwise objectionable material of any kind, including
any material that encourages criminal conduct or conduct that would give rise to
civil liability, infringes others’ intellectual property rights or otherwise
violates any applicable local, state, national or international law. You agree
not to use the Services in any manner that interferes with its normal operation
or with any other user’s use and enjoyment of the Services.
You further agree that you will not access the Services by any means except
through the interface provided by the Company for access to the Services.
Creating or maintaining any link from another website or application to any page
or functionality on the Services without the prior written authorization of the
Company is prohibited. Running or displaying the Services or any information or
material displayed on the Services in frames or through similar means on another
website or application without the prior written authorization of the Company is
prohibited. Any permitted links to the Services must comply with all applicable
laws, rules, and regulations.
The Company makes no representation that Materials contained on the Services or
products described or offered on the Services are appropriate or available for
use in jurisdictions outside the United States, or that this Agreement complies
with the laws of any other country. Visitors who use the Services and reside
outside the United States do so on their own initiative and are responsible for
compliance with all laws, if and to the extent local laws are applicable. You
agree that you will not access the Services from any territory where its
contents are illegal, and that you, and not the Company and its Affiliated
Parties, are responsible for compliance with applicable local laws.
This Agreement is effective unless and until terminated by either you or the
Company. You may terminate this Agreement at any time, provided that you
discontinue any further use of the Services. The Company also may terminate or
suspend this Agreement or your access to all or part of the Services, at any
time, without notice and accordingly deny you access to the Services, for any
reason, including without limitation, if in the Company’s sole discretion you
fail to comply with any term or provision of this Agreement or your use is
harmful to the interests of another user or the Company and its Affiliated
Parties. Upon any termination of the Agreement by either you or us, you must
promptly uninstall any mobile applications you obtained through the Services and
destroy all materials downloaded or otherwise obtained from the Services, as
well as all copies of such materials, whether made under the Agreement or
otherwise. Additionally, upon termination, your limited license to any Virtual
Goods will be terminated and forfeited and you will have no further rights
associated with the Virtual Goods.
The Company reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Services (or any part thereof) with
or without notice. Except as otherwise expressly stated in this Agreement, you
agree that the Company and its Affiliated Parties shall not be liable to you or
to any third party for any modification, suspension, or discontinuation of the
Services.
This Section, Sections 20-22, and Section 27 and any provision(s) of this
Agreement that expressly or by implication remains in effect following the
termination of this Agreement shall survive any termination of this Agreement.
20. LINKS; THIRD PARTY WEBSITES
Links to third party websites and applications may be provided on the Services
as a convenience to you. If you use these links, you will leave the Services.
Your dealings with third parties through links to such third party websites or
applications are solely between you and such third parties. You agree that the
Company and its Affiliated Parties (as defined in Section 21) will not be
responsible or liable for any content, goods, or services provided on or through
these third party websites or applications, or for your use or inability to use
such websites or applications. You use these links at your own risk. You are
advised that other websites on the Internet and mobile applications, including
third party websites and applications linked from the Services, might contain
material or information that some people may find offensive or inappropriate; or
that is inaccurate, untrue, misleading or deceptive; or that is defamatory,
libelous, infringing of others’ rights, or otherwise unlawful. The Company
expressly disclaims any responsibility for the content, legality, decency, or
accuracy of any information, and for any products and services, that appear on
any third party website or application.
Your correspondence or business dealings with, participation in promotions of,
or purchases from advertisers or third party applications found on or through
the use of the Services, including payment for and delivery of related goods or
services, and any other terms, conditions, warranties, or representations
associated with such dealings, are solely between you and such advertiser or
third party application provider. You agree that the Company and its Affiliated
Parties (as defined in Section 21) shall not be responsible or liable for any
loss or damage of any sort incurred as the result of any such dealings or as the
result of the presence of such advertisers or third party application providers
on the Services.
The Company is not responsible for any third party product or service (including
third party applications) sold on or through the Services or any claims of
quality or performance for such products and services made on or through the
Services.
21. VIRTUAL GOODS
The Services may include an opportunity to license a variety of virtual items,
such as achievements, additional levels, aesthetic enhancements, and content
packs (collectively, “Virtual Goods”). For the avoidance of doubt, Virtual
Goods does not include any U.S. Dollars in your account or any virtual chips or
representations of the U.S. Dollars available to wager. Virtual Goods may be
awarded for free or available for purchase using real-world money. When you use
Virtual Goods within the Services, any Virtual Goods that you have purchased
will be deemed used before any Virtual Goods that you have been awarded.
Any award, gift, or purchase of Virtual Goods solely provides you a limited,
non-transferable, revocable license to use those Virtual Goods within the
Services, which use is subject to your compliance with this Agreement. Virtual
Goods may never be sold to or redeemed by either the Company or any other third
party for real money, non-virtual goods, or any other item of monetary value.
You understand and agree that you have no right or title in Virtual Goods other
than the extent of your limited license. Virtual Goods have no economic value
and provide no economic advantage or gain to the user.
Any purchase of the limited license for Virtual Goods is final and is not
refundable or exchangeable except in the Company’s sole discretion. You may not
purchase, sell, transfer, or exchange Virtual Goods outside the Services. Doing
so is a violation of this Agreement and may result in termination of your
account with the Service and/or legal action to disgorge the proceeds of any
transaction in violation of this Agreement or to obtain any other available
relief.
The Company retains the right to modify, manage, control, and/or eliminate your
limited license with respect to Virtual Goods at its sole discretion. Your
limited license with respect to Virtual Goods is unconditionally and
automatically forfeited if your account is terminated for any reason, in the
Company’s sole discretion, or if the Company discontinues the Services. Prices
and availability of limited licenses for Virtual Goods are subject to change
without notice.
22. DISCLAIMER; LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND THE MATERIALS
CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS
OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, THE COMPANY, ITS OTHER
AFFILIATED COMPANIES AND THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, MEMBERS,
MANAGERS, EMPLOYEES AND OTHER REPRESENTATIVES AND THE COMPANY’S VENDORS AND
BUSINESS PARTNERS (COLLECTIVELY, “THE COMPANY AND ITS AFFILIATED PARTIES” OR
“AFFILIATED PARTIES”). EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, THE COMPANY AND ITS
AFFILIATED PARTIES MAKE NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR
REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (III) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES
WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICES WILL BE
CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE, OR FOR LOSS
OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY AND ITS
AFFILIATED PARTIES OR ON OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THIS AGREEMENT.
ALL SERVICES AND PRODUCTS PURCHASED AND OBTAINED ON OR THROUGH THE SERVICES ARE
SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS,
DISTRIBUTORS, AND/OR SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY
APPLICABLE LAW, THE COMPANY AND ITS AFFILIATED PARTIES DISCLAIM ALL WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES, WITH
RESPECT TO THE PRODUCTS AND SERVICES (INCLUDING VIRTUAL GOODS AND SERVICES OR
THIRD PARTY APPLICATIONS) LISTED OR PURCHASED ON OR THROUGH THE SERVICES.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE EXPRESSLY DISCLAIM ALL
LIABILITY FOR PRODUCT OR SERVICE DEFECT OR FAILURE, SERVICE OR PRODUCT MISUSE,
SERVICE OR PRODUCT ABUSE, SERVICE OR PRODUCT MODIFICATION, IMPROPER SERVICE
SELECTION, AND NON-COMPLIANCE WITH ANY WRITTEN DIRECTIONS.
AT TIMES, YOU MAY EXPERIENCE DIFFICULTY ACCESSING THE SERVICES OR COMMUNICATING
WITH THE COMPANY THROUGH THE INTERNET OR OTHER ELECTRONIC WIRELESS SERVICES AS A
RESULT OF HIGH INTERNET TRAFFIC, TRANSMISSION PROBLEMS, SYSTEMS CAPACITY
LIMITATIONS, OR OTHER PROBLEMS. ANY COMPUTER SYSTEM OR OTHER ELECTRONIC DEVICE,
WHETHER IT IS YOURS, AN INTERNET SERVICE PROVIDER’S, OR THE COMPANY'S, CAN
EXPERIENCE UNANTICIPATED OUTAGES OR SLOWDOWNS OR HAVE CAPACITY LIMITATIONS. THE
COMPANY MAKES NO WARRANTY WHATSOEVER TO YOU, EXPRESS OR IMPLIED, REGARDING THE
AVAILABILITY OF THE INTERNET OR CELL OR DATA SERVICE ON YOUR DEVICE.
THE COMPANY AND ITS AFFILIATED PARTIES SHALL NOT UNDER ANY CIRCUMSTANCES BE
LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR
RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING ANY LIABILITY
(I) AS A PUBLISHER OF INFORMATION; (II) AS A RESELLER OF ANY PRODUCTS OR
SERVICES; (III) FOR ANY DEFECTIVE PRODUCTS OR SERVICES; (IV) FOR ANY INCORRECT
OR INACCURATE INFORMATION, (V) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF
YOUR TRANSMISSIONS OR DATA, (VI) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON
THE SERVICES, OR (VII) FOR ANY OTHER MATTER RELATING TO THE SERVICES OR ANY
THIRD PARTY WEBSITE OR APPLICATION. THIS IS A COMPREHENSIVE LIMITATION OF
LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR
LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA,
COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR THE
LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES OF
THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN
ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND
YOU. THE PRODUCTS, THE INFORMATION, AND SERVICES OFFERED ON AND THROUGH THE
SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING THE
FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF THE COMPANY AND AFFILIATED
PARTIES FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR
CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY PRODUCT,
INFORMATION, OR SERVICE PURCHASED BY YOU FROM THE COMPANY ON THE SERVICES. YOU
ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID THE COMPANY ANY AMOUNTS FOR ANY
PRODUCTS, INFORMATION OR SERVICE PRIOR TO THE DATE ON WHICH YOU FIRST ASSERT ANY
CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE COMPANY IS TO
STOP USING THE SERVICES AND CANCEL YOUR ACCOUNT.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY,
SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH
JURISDICTIONS, THE EXCLUSIONS AND LIABILITY ARE LIMITED TO THE FULLEST EXTENT
PERMITTED BY LAW.
23. INDEMNIFICATION
You agree to indemnify, defend and hold harmless the Company and its Affiliated
Parties against all claims, demands, causes of action, losses, expenses, damages
and costs, including any reasonable attorneys’ fees, resulting or arising from
or relating to your use of or conduct on the Services, any activity related to
your account by you or any other person, any material that you submit to, post
on or transmit through the Services, your breach of this Agreement, your
infringement or violation of any rights of another, or termination of your
access to the Services.
24. APPLICABLE LAW; JURISDICTION; ARBITRATION; DISPUTE RESOLUTION
a. U.S. Site.
The Services are controlled and operated by the Company from within the United
States of America, and are intended for use only by individuals located in the
Commonwealth of Pennsylvania. The Company makes no representations or
warranties that the content or materials of the Services are appropriate or
lawful in any foreign countries, or that any items or applications offered for
sale or download through links on the Services will be available outside the
United States. Those who choose to access the Services from other locations do
so on their own initiative and are responsible for compliance with local laws,
if and to the extent local laws are applicable. You may not use or export or
re-export any content downloaded from the Services or any copy or adaptation of
such content, in violation of any applicable laws or regulations, including
without limitation United States export laws and regulations.
b. Governing law.
Except as set forth in the arbitration provision, this Agreement shall be
governed by, and construed and enforced in accordance with the laws of the
Commonwealth of Pennsylvania, as it is applied to agreements entered into and to
be performed entirely within such state, without regard to conflict of law
principles.
c. Initial Dispute Resolution
We are available by email at playersupport@hollywoodcasino.com to discuss any
concerns you may have regarding your use of the Services. Most concerns may be
quickly resolved in this manner. The parties shall use their best efforts to
settle any dispute, claim, question, or disagreement directly through
consultation and good faith negotiations which shall be a precondition to either
party initiating a lawsuit or arbitration.
d. BINDING ARBITRATION PROVISION
IF THE PARTIES DO NOT REACH AN AGREED UPON SOLUTION WITHIN A PERIOD OF THIRTY
(30) DAYS FROM THE TIME INFORMAL DISPUTE RESOLUTION IS PURSUED PURSUANT TO THE
PARAGRAPH ABOVE, THEN EITHER PARTY MAY INITIATE BINDING ARBITRATION ON AN
INDIVIDUAL (NON-CLASS) BASIS. THE PROCEDURES AND RULES OF THE FEDERAL
ARBITRATION ACT (“FAA”), 9 U.S.C. §§ 1 et seq., SHALL EXCLUSIVELY GOVERN THE
INTERPRETATION AND ENFORCEMENT OF THIS ARBITRATION PROVISION.
THE PARTIES UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, THEY WOULD HAVE
THE RIGHT TO SUE IN COURT AND HAVE THE DISPUTE RESOLVED BY A JUDGE OR JURY.
THEY FURTHER UNDERSTAND THAT, IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD
EXCEED THE COSTS OF LITIGATION AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN
ARBITRATION THAN IN COURT. THIS ARBITRATION PROVISION ALSO CONTAINS A CLASS
ACTION WAIVER.
i. CLAIMS SUBJECT TO ARBITRATION
All past, present, and future claims arising out of or relating to this
Agreement (including its formation, performance, and breach), the parties’
relationship with each other, your account, and/or your use of the Services
shall be finally settled by binding arbitration administered by the American
Arbitration Association (“AAA”), 120 Broadway, Floor 21, New York, NY 10271, in
accordance with the provisions of its commercial arbitration rules and/or its
consumer arbitration rules, excluding any rules or procedures permitting class
arbitration. If for any reason the AAA cannot administer the arbitration and
the parties cannot agree on a replacement, a court with jurisdiction shall
select the arbitration organization or arbitrator. “Claim” has the broadest
possible meaning. It includes initial claims, counterclaims, cross-claims,
third-party claims, and federal, state, local, and administrative claims, and
claims which arose before the effective date of this arbitration provision. It
also includes disputes based upon contract, tort, consumer rights, fraud, and
other intentional torts, constitution, statute, regulation, ordinance, common
law and equity, and claims for money damages and injunctive or declaratory
relief. This arbitration provision may also be enforced by any party named as a
co-defendant with the Company in a claim asserted by you.
II. DELEGATION CLAUSE
Notwithstanding the foregoing, claims or disputes about the validity,
enforceability, coverage or scope of this arbitration provision or any part
thereof (including, without limitation, this sentence, the Class Action Waiver
in Section 23(iv)(5) and the Severability clause in Section 23(iv)(6)), or
whether a party has waived the right to arbitrate through litigation conduct or
otherwise are for a court and not an arbitrator to decide. However, any dispute
or argument that concerns the validity or enforceability of this Agreement as a
whole is for the arbitrator, not a court, to decide.
III. ARBITRATION PROCEDURES
The AAA’s rules governing the arbitration may be accessed at www.adr.org or by
calling the AAA at 1.800.778.7879. The arbitrator shall be empowered to grant
whatever substantive relief would be available in a court under applicable law
or in equity on an individual claim, including, without limitation,
compensatory, statutory, and punitive damages (which will be governed by the
constitutional standards applicable in judicial proceedings), declaratory,
injunctive, and other equitable relief, and attorneys’ fees and costs. The
arbitrator shall apply applicable statutes of limitations and privilege rules
that would apply in a court proceeding. The arbitration hearing will take place
in the federal district where you reside, or at another place mutually agreeable
to the parties. The arbitrator’s award shall be binding on the parties, except
for any appeal rights under the FAA, and may be entered as a judgment in any
court of competent jurisdiction. No arbitration award involving the parties
will have any preclusive effect as to issues or claims in any dispute involving
anyone who is not a party to the arbitration, nor will an arbitration award in
prior disputes involving other parties have preclusive effect in an arbitration
between the parties to this arbitration provision. This arbitration provision
shall survive termination or breach of this Agreement, termination of the
Services or your account and any bankruptcy. If there is a conflict between the
arbitration provision, on the one hand, and this Agreement or the AAA’s rules,
on the other hand, this arbitration provision shall control.
IV. ARBITRATION COSTS
To the extent the filing fee for the arbitration exceeds the cost of filing a
lawsuit, we will pay the additional cost. A request for payment of filing fees
should be submitted to AAA along with your form for initiating the arbitration,
and we will make arrangements to pay all necessary filing fees directly to AAA.
If the arbitrator finds the arbitration to be non-frivolous, we will pay all of
the actual filing and arbitrator fees for the arbitration, provided your claim
does not exceed $75,000. The parties will bear their respective attorney,
expert, and witness fees and costs, unless applicable law or the AAA rules
provide otherwise. We will always pay fees and costs that are required by law
or that are necessary to make this arbitration provision enforceable.
V. CLASS ACTION WAIVER
The parties further agree that any arbitration shall be conducted in their
individual capacities only and not as a class action, private attorney general
action, or other representative action, and the parties expressly waive their
right to file or participate in a class action, private attorney general action,
or other representative action or seek relief on a class basis in court or in
arbitration. The parties also agree not to join or consolidate claims with
claims by or against any other person.
VI. SEVERABILITY
If any portion of this arbitration provision is deemed invalid or unenforceable,
it shall not invalidate the Agreement or the remaining portions of this
arbitration provision, except that:
(i) The parties acknowledge that the Class Action Waiver in Section 23(d)(v) is
material and essential to the arbitration of any disputes between them and is
non-severable from this arbitration provision. If the Class Action Waiver in
Section 23(d)(v) is limited, voided or found unenforceable, then this
arbitration provision (except for this sentence) shall be null and void with
respect to such proceeding, subject to the right to appeal the limitation or
invalidation of the Class Action Waiver in Section 23(d)(v). The parties
acknowledge and agree that under no circumstances will a class action be
arbitrated; and
(ii) If a claim is brought seeking public injunctive relief and a court
determines that the restrictions in the Class Action Waiver in Section 23(d)(v)
or elsewhere in this arbitration provision prohibiting the arbitrator from
awarding relief on behalf of third parties are unenforceable with respect to
such claim (and that determination becomes final after all appeals have been
exhausted), the claim for public injunctive relief will be determined in court
and any individual claims seeking monetary relief will be arbitrated. In such a
case, the parties will request that the court stay the claim for public
injunctive relief until the arbitration award pertaining to individual relief
has been entered in court. In no event will a claim for public injunctive
relief be arbitrated.
VII. THIRTY-DAY RIGHT TO OPT OUT
You have the right to opt-out and not be bound by this arbitration provision by
mailing written notice of your decision to opt-out to the following address: 161
Washington Street, Suite 1125, Conshohocken, Pennsylvania 19428. The written
notice must include your name, mailing address, and the email address you used
to create the account via the Services and it must be sent within thirty (30)
days of the creation of an account via the Services, otherwise you shall be
bound to arbitrate disputes in accordance with the terms of those paragraphs.
If you opt-out of this arbitration provision, we also will not be bound by this
arbitration provision. Opting out of arbitration will not affect any other term
of this Agreement.
VIII. EXCEPTION - SMALL CLAIMS COURT CLAIMS
Notwithstanding the parties’ decision to resolve all disputes through
arbitration, either party may also seek relief in a small claims court for
disputes or claims within the scope of that court’s jurisdiction. However, if
the dispute is transferred, removed, or appealed to a different court, the
dispute will be subject to arbitration.
e. EXCLUSIVE VENUE FOR LITIGATION
Solely to the extent the arbitration provision set forth above does not apply,
or for purposes of either party enforcing an award granted to it pursuant to
arbitration, the parties agree that any litigation between them shall be filed
exclusively in the United States District Court for the Eastern District of
Pennsylvania, or, if federal subject matter jurisdiction is lacking, then in the
state courts located in Berks County, Pennsylvania. The parties expressly
hereby consent to exclusive jurisdiction in the aforesaid courts for any
litigation, hereby also consent to personal jurisdiction in said courts for any
litigation and waive, for all purposes, their right to challenge the lack of
personal jurisdiction said courts over any litigation arising in connection
with, out of, or as a result of (a) this Agreement or the Services, and (b) any
acts or omissions of the Company in connection with this Agreement or the
Services.
f. ONE YEAR TIME LIMIT
The parties agree to commence any arbitration proceeding (or court action if
applicable) with respect to this Agreement within one year after the claim
arises. We agree that a proceeding commenced after this date is barred.
PART III – IMPORTANT NOTICES AND TERMS OF AGREEMENT
25. FILTERING
Pursuant to 47 U.S.C. § 230(d), we hereby notify you that parental control
protections (such as computer hardware, software, or filtering services) are
commercially available that may assist you in limiting access to material that
is harmful to minors. Information identifying current providers of such
protection is available at http://www.staysafeonline.org.
26. RULES FOR SWEEPSTAKES, CONTESTS, RAFFLES, SURVEYS AND SIMILAR PRODUCTIONS
Any sweepstakes, contests, surveys, games, or similar promotions made available
through the Services may be governed by specific rules that are separate from
and in addition to this Agreement. By participating in any such sweepstakes,
contest, survey, game, or similar promotion, you will become subject to those
rules, which may vary from the Agreement as set forth herein, and which are
incorporated into this Agreement. The Company urges you to read the applicable
rules, which may be linked from the particular activity, and to review our
Privacy Policy, which, in addition to this Agreement, governs any information
you submit in connection with such activities.
27. SEVERABILITY; INTERPRETATION
Except as set forth in the arbitration provision, if any provision of this
Agreement shall be deemed unlawful, void or for any reason unenforceable by a
court of competent jurisdiction, the validity and enforceability of any
remaining provisions shall not be affected. When used in this Agreement, the
term “including” shall be deemed to be followed by the words “without
limitation.”
28. ENTIRE AGREEMENT
This Agreement, including the Privacy Policy and other policies incorporated
herein, constitutes the entire and only Agreement between the Company and each
user of the Services with respect to the subject matter of this Agreement, and
supersedes any and all prior or contemporaneous Agreements, representations,
warranties and understandings, written or oral, with respect to the subject
matter of this Agreement.
29. MISCELLANEOUS
The failure of the Company and its Affiliated Parties to insist upon strict
adherence to any term of this Agreement shall not constitute a waiver of such
term or limit that party’s right thereafter to insist upon strict adherence to
that term or any other term of this Agreement.
You agree that regardless of any statute or law to the contrary, any claim of
cause of action arising from or relating to use of the Services or this
Agreement must be filed within one (1) year after such claim or cause of action
arose, or will be forever barred. The “Indemnification” and “Disclaimer;
Limitation of Liability” provisions of this Agreement are for the benefit of the
Company and its Affiliated Parties as defined herein, and each of these
individuals or entities shall have the right to assert and enforce these
provisions directly against you on its own behalf.
The Company shall not be liable for any loss or damage, delay in performance or
nonperformance caused by equipment malfunction or breakdown, information
unavailability, strikes or other labor disputes, riots, fire, insurrection, war,
failure of carriers, the elements, accident, acts of God, or any other causes
beyond the Company’s control whether or not similar to the foregoing.
30. CONTACT INFORMATION FOR CUSTOMER SERVICE AND THE PENNSYLVANIA GAMING CONTROL
BOARD; COMPLAINTS TO THE PENNSYLVANIA GAMING CONTROL BOARD.
If you have any comments, questions or complaints regarding this Agreement or
the Services, or wish to report any violation of this Agreement, you may contact
Customer Service at:
* Phone number: (833) 752-9492
* Email: PlayerSupport@HollywoodCasino.com
* Mailing address: 161 Washington Street, Suite 1125, Conshohocken,
Pennsylvania 19428
You may also contact the Board with any comments or complaints at
https://gamingcontrolboard.pa.gov/?p=113.
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PLAYER LOCATION CHECK
INSTALLATION INSTRUCTIONS
We must verify you are located within the state of Pennsylvania to allow you to
purchase online. Please download and install our Player Location Check software.
* Step 1: Download
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* Step 2: Install
Open the downloaded Player Location Check software and follow instructions to
install it.
* Step 3: Play
When the installation is complete, click OK below and you may start
purchasing. To verify your location, your computer's wi-fi must be turned on
and any VPNs, remote desktop programs or proxies must be turned off.
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