Terms & Conditions

BetAmerica Casino & Sportsbook

Churchill Downs Interactive Gaming, LLC d/b/a BetAmerica (“CDIG”)

Last Updated: March 19, 2021 

PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR PARTICIPATION ON BETAMERICA CASINO AND SPORTSBOOK. 

IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS FURTHER DETAILED IN SECTION 22 BELOW.

Please read these website terms and conditions ("Terms and Conditions") carefully before using this Website (as defined below) and registering as a Patron. If you have any questions relating to this Website or the Terms and Conditions, please check our FAQs or communicate with us using the Contact Us page.  

You should also read our Privacy Policy.  

1. INTRODUCTION

1(a)     The website at www.nj.betamerica.com (and njapp.betamerica.com for mobile) is made available by CDIG (together with any other company within a group of parent, affiliate and subsidiary companies of which CDIG is a part, being collectively referred to herein as "CDIG", "us", "we" or "our"), which is a Delaware limited liability company. Our principal place of business is:  600 N. Hurstbourne Pkwy., Ste. 400, Louisville, KY  40222.

1(b)     The website www.nj.betamerica.com (and njapp.betamerica.com for mobile) (“Website”) and the mobile, tablet and any other BetAmerica casino and sportsbook apps (all of which together are referred to as the “Betting Apps”) are operated and controlled by CDIG and SBTech Malta Ltd. (“SBTech”).  CDIG has contracted with SBTech for the provision of such services.  SBTech is licensed and regulated by the applicable Regulators. The use of the Website and the Betting Apps are subject to all applicable state and federal law and regulations. You will be required to establish an account in order to use the services offered by CDIG and SBTech.

 
 1(c)     Together, the Website and the Betting Apps are referred to collectively herein as the “BetAmerica Casino and Sportsbook Services”. Together, BetAmerica Casino and Sportsbook Services are referred to collectively herein as the “Services”.
 

1(d)     We reserve the right for each or any member of the Churchill Downs Incorporated group of companies (the “CDI Casino Group”) to exercise any of the rights or obligations of any other member of the CDI Casino Group under these Terms and Conditions.
 

1(e)     In these Terms and Conditions, we will refer to you as "you", "your" and "Patron".

1(f)      These Terms and Conditions form a legally binding agreement between you and us.

1(g)     These Terms and Conditions apply when you use the Website and the Betting Apps.

1(h)     We may change these Terms and Conditions at any time. If we do change them, we will post the revised Terms and Conditions on this page for your acknowledgement and acceptance. You will be required to acknowledge and accept the revised Terms and Conditions in order to continue to use our Website and the Betting Apps. Any changes will apply immediately (unless otherwise stated). We recommend that you revisit and read these Terms and Conditions regularly, as they govern your use of the Website and the Betting Apps. You can obtain a copy of these Terms and Conditions on request from Customer Support using the Contact Us page.  

2. DEFINITIONS USED IN THESE TERMS AND CONDITIONS

2(a)     In these Terms and Conditions, where we use capitalized words they will have the meanings set out below:

3. OPENING YOUR ACCOUNT

3(a)     Patron Requirements: To register as a Patron, play Games for Cash, use the Game console chat functionality and/or use any of the other products and services we may make available to Patrons from time to time, you must:

1. be the Minimum Age. We may ask for additional information to confirm your age at any time;
2. register in your own name, for your sole benefit and not register or play on behalf of anyone else;
3. have a payment method that is approved by us and that is registered in your name, such as a valid bank account, credit card or alternative;
4. fully and accurately complete the required information on the registration form
5. comply with these Terms and Conditions at all times in relation to your use of the Website and Betting Apps;
6. not be excluded by law from using the Website or websites that offer the same or similar services to the Website and the Betting Apps; and
7. be physically present in the state where the activity is authorized to Wager. We may ask for additional information to confirm your location at any time.

3(b)     You may only have one active Patron account at any one time.

3(c)     Failure to meet the Patron Requirements: If we become aware that you do not satisfy any of the requirements set out in section 3(a) above or in violation of 3(b) above, we may invalidate and close your Patron account.

3(d)     Minimum Age: It is a criminal offense to Wager or allow another person who is under the Minimum Age to participate in wagering via the Internet or mobile, including, but not limited to, participate in the Services provided on websites that are the same as or similar to the Website and the Betting Apps. If you are found by us to be under the Minimum Age, or allowing another individual under the Minimum Age to participate in wagering, your Patron account will be suspended, your deposits will be paid to the Regulators and any winnings will be paid to the Regulators. No claim may be made against us in these circumstances.

3(e)     Location:

Geolocation Technologies report your physical location from the computer or Internet-connected device that you choose and from which you are accessing the Website and Betting Apps. Geolocation Technologies obtain your physical location by accessing your Internet Protocol (IP) address, MAC address, RFID, hardware embedded article/production number, embedded software number (such as UUID, Exif/IPTC/XMP or modern steganography), Wi-Fi positioning system, or device GPS coordinates. The Geolocation Technologies report to us, our service providers and/or the Regulators the physical and geographic location of the computer or Internet-connected device from which you are accessing the Website and Betting Apps. It is possible that your precise or near-precise physical location will be reported to us, our service providers and/or the Regulators when you use the Website and Betting Apps.

1. By registering a Patron account, you consent to the monitoring and recording by us (or our service providers) and/or by the Regulators of any wagering communications and geographic location information for the purpose of determining compliance with applicable laws and regulations.  
2. We may use or make available a "strong authentication" process to verify your location from time to time. Such process may vary from time to time and require you to verify your identity.  Please see our FAQs for further details.

3(f)      Age and Identity Verification Policy:

1. When considering your Patron registration application and certain deposit and withdrawal transactions, we may use one or more sources, including an independent credit reporting agency, to verify your age, name, address and social security number or any other information that you provide to us. In performing these checks, the credit reporting agency may keep a record of your information. The purpose of such checks is to confirm your age, identity and geographic location only. These checks enable Patron accounts to be opened more quickly, reduce the need to obtain age and identification documents and assist us with our age verification licensing obligations and crime and fraud prevention program. You will not be able to play any Games for Cash until your age, identity and location have been verified. You hereby consent to our making of such an inquiry of any credit reporting agency for this purpose.
2. If we cannot satisfactorily complete our age and identity verification process, we may ask you to provide personal identification documents to further confirm and validate your age and identity. Such checks may include (but may not be limited to): (a) proof of your age (with a valid, current, photo included and government issued passport or other government issued identity document); (b) proof of your address (with a current utility bill, property tax bill, lease agreement or a bank or card statement); and (c) proof of your identity (with a valid, current, photo included and government issued passport or other government issued identity document). We may suspend your Patron account or restrict access to certain functions until you have successfully completed these checks. We will communicate all requests to you via the My Account - Confirm My Details section and also by email, chat or phone.

3(g)     Registration Acceptance and Personal Accounts: Upon acceptance of your registration as a Patron, you will be issued a personal Patron account and sent confirmation of your registration by email. You cannot use the full functionality of your Patron account, including, but not limited to, processing any deposits or withdrawals, until you have confirmed your email address by clicking on the link in your registration confirmation email. If you have entered an incorrect email address at the time of registration, you can update your details in the My Account section of the Website and the Betting Apps.  

3(h)     Declined Applications: We may decline acceptance of a Patron account application at any time and for any reason.

3(i)       Transfer of Accounts and Funds Between Accounts: Your Patron account is unique to you. You must not sell, transfer or acquire Patron accounts to or from other Patrons or attempt to do so. No funds (including, but not limited to, any winnings) or bonuses may be transferred between Patron accounts.

3(j)       Anti-Money Laundering Policy:

1. In addition to the location, age and identity verification policies described above, and as part of our compliance with applicable anti-money laundering laws and regulations, we may at any time (including, but not limited to, certain stages of your Patron account registration) ask you to verify your identity and address as well as request proof of ownership for any payment methods used to deposit or withdraw funds.
2. It is unlawful to deposit, or attempt to deposit, funds obtained from criminal, illegal or fraudulent activities, including funds related to terrorist financing, into your Patron account.
3. We are required to monitor any unusual or suspicious transactions and report suspicious transactions and fraudulent activity to the Regulators, and we may report such activity to the police or relevant authorities.

4.         ACCOUNT PAYMENTS AND WITHDRAWALS

4(a)     Registered Name: You can only use payment methods registered in your own name to make deposits and request withdrawals.

4(b)     Deposit Methods: We do not charge you to deposit to or withdraw from your Patron account. We accept no responsibility for any currency exchange conversions, charges or fees levied by your card issuer, bank or financial institution.

4(c)     Minimum and Maximum Deposits: All deposits are subject to minimum and maximum limits per transaction, which limits may vary depending on the payment method used. Full details can be found in our FAQs. We may limit any Patron’s deposits on any single day.

4(d)     Interest on Patron Account Funds: We are not a financial institution. Interest will not be paid on monies held in Patron accounts as these are merely advance payments for intended wagering.

4(e)     Payment Transactions and Fraudulent and Suspicious Transactions: You must not make or attempt to make any chargebacks, and/or deny or reverse any payment that you have made and in the event of any dishonoured financial instrument or transaction we may charge a service fee of $35.00 or the maximum amount permitted by law and begin collection procedures. You will be required to reimburse us for any chargebacks, denial or reversal of payments you make and any resulting loss suffered by us. If we are notified of any suspected or fraudulent payment (including, but not limited to, use of stolen credit cards) or any other fraudulent activity (including, but not limited to, any chargeback or other reversal of a payment), we may suspend or close a Patron's account, reverse any withdrawal made and recover any winnings.

4(f)      Payment Withholdings: We may, in our sole discretion, cease to provide the Games or withhold payment to certain Patrons or to Patrons paying with certain credit cards or third party payment methods.

4(g)     Minimum and Maximum Withdrawals: All withdrawals are subject to minimum and maximum limits per transaction, which limits may vary depending on the payment method used. Full details can be found in our FAQs. We may limit any Patron’s withdrawals on any single day.

4(h)     Confirmation of Withdrawal Requests: Unless otherwise prohibited pursuant to the Terms and Conditions herein, if you have submitted a request to make a withdrawal via an online payment method, you will see a confirmation message that the transfer has been processed and your balance will immediately clear to the balance of the amount not withdrawn. Only Cash may be withdrawn from your Patron account. Bonus Money is not available for withdrawal.

4(i)       Withdrawal Authorization and Payment: We try to authorize your withdrawal request within twenty-four (24) hours of our receipt of your request. For security reasons, Patrons making withdrawals may have to provide some additional information to ensure stringent safeguards are maintained. We are not responsible for any delays in processing your withdrawal requests if you do not receive or respond to our requests for information. Once your withdrawal has been approved, we are not responsible for any third party financial clearing process that delays your payment being received.

4(j)       Incorrect Account Information: It is your responsibility to submit the correct bank account details for payment of withdrawals. We cannot repay payments made by us to another account due to incorrect account details provided by you. If a payment is unsuccessful and returned to us by our bank payment processor, we will investigate such payment, notify you and request corrected bank account details. Such unsuccessful payments will only be credited to your corrected account details once we have been notified by our bank payment processor that the payment has been successfully retrieved.

4(k)     Uncollected or Reversed Deposits: If any deposit is charged back or is otherwise deemed uncollectable for any reason, any and all winnings generated from play or wagers conducted from such account from the time of the applicable deposit until its reversal or un-collectability shall be invalidated, forfeited and/or deducted from your Patron account balance. In addition, the amount of the initial failed deposit will be invalidated, forfeited and/or deducted from your account balance. In the event that your account balance is not sufficient to collect such forfeitures through deductions, you expressly acknowledge and agree, unless you dispute the validity of the debt, or any portion thereof, in writing within thirty (30) days after your receipt of notice, the debt will be assumed to be valid, due and payable immediately. If you notify CDIG in writing within the thirty (30) day period that the debt, or any portion thereof, is disputed, we will provide you with verification of the debt. You expressly acknowledge and agree that, in the event of non-payment of such debt, we may proceed to enforce our rights, which may include, but not necessarily be limited to, legal action and attendant cost and counsel fees. In such event you agree that in addition to any other amounts due to us, you will pay all legal fees and costs paid by us in collecting any amounts due from you. You further expressly acknowledge and agree that, in the event of non-payment of such debt, we may, at our sole discretion, assign such debt to one or more collection agencies. Note that following the assignment of such debt to a collections agency, the resolution of such debt and any legal processes associated therewith are not within our control and must be negotiated or resolved directly with such collections agency. In accordance with Section 6, we reserve the right to suspend or close the account(s) associated with the uncollected or reversed deposit.

5. MANAGING YOUR ACCOUNT AND SECURITY

5(a)     Up to date details:

1. It is your responsibility to ensure that your personal details are kept up to date. If necessary in connection with the management and operation of your Patron account, we may contact you by email, telephone, SMS (text message) or letter via the contact details you provide to us.
2. In creating and using your Patron account on the Website and Betting Apps, you agree to: (i) provide true, accurate, current and complete information about yourself on any registration form required on the Website and the Betting Apps; and (ii) maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, then we have the right to suspend or terminate your Patron account and refuse any and all current or future use of your Patron account.

5(b)     Keeping Password and Patron Details Secure:

1. Your Patron account username, password and personal question details are for your personal use and should be kept private and confidential at all times. You should change your password on a regular basis. You may update your personal details, including, but not limited to, your password and security answers, via the My Account section on the Website and Betting Apps. Where correct security information is provided, we are entitled to assume that all payment and gaming transactions made through your Patron account are made by you.  
2. We use reasonable precautions to protect the privacy of your username, password and Patron account information, and all credit card information by utilizing a Secure Socket Layer ("SSL") connection. Accordingly, your credit card, username, password and Patron account information are encrypted using an SSL connection and are not expected to be read in an intelligible form as they travel to the Website and Betting Apps. While we provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, interruption, interception or error.
3. If your Patron account is inactive for 15 minutes, you will be required to re-enter your username and password before you can play a Game. Notwithstanding this functionality, you are responsible for adjusting the auto-lock settings on your personal computer and/or device from which you access the Website and Betting Apps in order to prevent unauthorized use of your Patron account.
4. You are ultimately responsible for protecting your username, password and Patron account information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies. You agree to: (i) never allow anyone to have access to your Patron account; (ii) immediately notify us if you become aware or suspect any unauthorized use of your username, password or Patron account, or any other breach of security; and (iii) ensure that you log out of your Patron account at the end of each session. You are always responsible for use of your Patron account by yourself and others, including those persons that gained unauthorized access to your Patron account through your acts and omissions.

5(c)     Responsible Account Management: We take no responsibility for any third party access to your Patron account where your negligence or deliberate act(s) has contributed to such third party access and under no circumstances shall we be liable for any losses incurred by you as a result of misuse of your username or password by any person or for any unauthorized access to your Patron account (unless this is due to our negligence) where your negligence or deliberate act(s) has contributed to such misuse or third party access. All transactions where your username and password have been entered correctly by a third party will be regarded as valid, whether or not authorized by you where your negligence or deliberate act(s) has resulted in such party obtaining your username and password. You must monitor your Patron account to prevent its use by another person.

6. CLOSING ACCOUNTS

6(a)     Account Closure: We may temporarily suspend or permanently close your Patron account at any time without providing any reason.

6(b)     How to Close your Account: You can close your Patron account and request payment of outstanding funds at any time. You may instruct us to close your account at any time by contacting our Customer Support team by calling 1-866-607-7929. Such closure will occur within seven (7) calendar days after our receipt of your request and we will confirm the closure of your Patron account by email. You remain responsible for any activity on your Patron account between your request and the closure of your Patron account by us.

6(c)     Temporary or Permanent Closure of your Account: If you wish to temporarily exclude yourself from the Website or Self-Exclude please see Section 8.

6(d)     Dormant Accounts: If a Patron has a Dormant Account, as defined by the Act, that has no Patron initiated activity for a period of one (1) year, any funds in such Dormant Account remaining on deposit and any pending wagers shall be forfeited.

6(e)     Effect of Account Closure: Provided that you have complied with these Terms and Conditions, and provided the funds in your account have not been forfeited as indicated above, your outstanding funds, as recorded on our systems less any active bonuses will be transferred to your credit card, transferred to your bank account or returned by another payment method used by us and you. Closure of a Patron account will automatically render any open Games, pre-purchased tickets, bonus funds and entries in any bonus schemes or competitions void. We cannot reinstate these if the Patron account is subsequently reopened. We will use reasonable efforts to ensure that you are removed from our promotional lists within seventy-two (72) hours of closure of your Patron account.

6(f)      Re-opening your Account: You may request to re-open a closed Patron account by contacting our Customer Support team using the Contact Us page with the details of the Patron account you wish to re-open. We will review all requests, including a review via phone contact with the Patron to verify account information and identity, to re-open a closed Patron account. Patron accounts closed as part of our self-exclusion or cool off policy cannot be re-opened for any reason until the self-exclusion or cool off time period has expired (see section 8 below).

7.         PATRON CONDUCT

7(a)     You must not use the Website:

1. for any unlawful purpose;
2. for any commercial purpose;
3. in a way that impairs, interrupts or damages the Website and the Betting Apps or the efficiency thereof;
4. to advertise or promote your own or any third party’s products or services;
5. to distribute any unsolicited communications, including, but not limited to, spam;
6. in any way other than for your personal use;
7. from outside the state in which the activity is legal; and
8. in breach of these Terms and Conditions.

7(b)     You must not use (or upload to the Website or our systems) any form of malware (including, but not limited to, viruses, worms, Trojan horses and spyware) or any other code that may be deemed malicious. You are also prohibited from using any "bots" or other form of automated software to place Wagers or entries into competitions or promotions on your behalf.

7(c)     You must comply with:

1. all Game-specific rules;
2. all competition and promotional rules; and
3. any other rules and policies relating to the Website and Betting Apps, that we may publish on the Website and Betting Apps from time to time.

7(d)     We may restrict or prevent your use of the Website and Betting Apps or close your Patron account at any time if we reasonably believe that you have breached any of these Terms and Conditions. We may also take action to defend our rights or the rights of any other person under these Terms and Conditions.

8. RESPONSIBLE GAMING

8(a)     Responsible Gaming Policy: As part of our Responsible Gaming Policy we provide you with the ability to control and limit your spending, and options to temporarily cool off access to your Patron account and an option to self-exclude and close your Patron account for a set period of time. To view our Responsible Gaming Policy and for more details on how you can control your gambling please visit the Responsible Gaming link in the My Account section of the Website and Betting App.

1. Deposit Limit and Frequency Control: Our Deposit Limit and Frequency Control tool enables you to specify the maximum amount you can deposit over a set period of time. You can set a maximum deposit limit and frequency control on your Patron account by accessing the Responsible Gaming section in the My Account section of the Website. The default setting on all new Patron accounts is no limit. Further information on the deposit amount limits and frequency controls is made available in the FAQs. We will take all reasonable precautions to ensure your deposit limit is observed.
2. Spend Limits: Spend Limits lets you specify the maximum amount of Patron deposits that you put at risk (i.e. potentially lose over a daily, weekly, or monthly period), applying to the balance between amount spent to participate in Games and amount won during the defined time period. Further information on the Spend Limits is made available in the FAQs. We will take all reasonable precautions to ensure your Spend Limit is observed but we are not liable to you if you circumvent our procedures to exceed your self-imposed Spend Limit.
3. Daily Session Time Limits: Session Time Limits lets you specify the maximum amount of time you wish to play Games on any day. After the time limit you have set expires, you will no longer be able to play the Games. For further information on session time limits, please see our FAQs.
4. Time-Out Facility: You may temporarily exclude yourself from the Website or Betting Apps for a period from three (3) days up to six (6) months by accessing the Time-Out Facility section in the My Account section of the Website and Betting Apps, and selecting your required time-out duration period. Upon confirming the time-out duration period, your Patron account will be immediately suspended and it will not be possible to login to your Patron account until the selected duration has expired. It is not possible for us to override or remove any cool off time period once set. Any balances and any advance Wagers (including, but not limited to, pre-purchased tickets) that you have placed will remain and any winnings will be credited to your Patron account. You will only be able to withdraw your winnings by contacting our Customer Support team at contact@betamerica.com or using the Contact Us page or after the time-out period has expired. Where you have confirmed the time out, all pre-purchased tickets, stage saved Games, bonus funds and entries in any bonus schemes and competitions cannot be cancelled but you will not be able to access them during the time-out period. It is possible that bonuses may expire during the time-out period. We cannot reinstate these if the Patron account is reopened after the time-out period.

8(b)     Self-Exclusion:

1. You may request to voluntarily exclude access to your Patron account by signing up for the Self-Exclusion Program. To sign up to the self-exclusion program you may submit an application via your Patron account (Personal Information -> Responsible Gaming -> Self-Exclusion) or visit one of the two Department of Gaming Enforcement offices in person at the address locations detailed on the Self-Exclusion section of My Account. For requests made via your Patron account you may exclude access to your Patron account for a period of one (1) year up to five (5) years. During such time you will not be able to re-open your account or take part in any games at any gaming facilities in this state.  A person remains on the list until such time as they appear in person and request to be removed from the list, after expiration of the applicable self-exclusion period.  You may only request a lifetime exclusion by making an in-person request at one of the Regulators’ offices.
2. Upon self-exclusion, any active gaming session will be terminated and you will be logged out of your Patron account with immediate effect. All pre-purchased tickets, stage saved Games, bonus funds and entries in any bonus schemes and competitions cannot be cancelled but you will not be able to access them during the period of self-exclusion. It is possible that bonuses may expire during the period of self-exclusion. We cannot reinstate these if the Patron account is reopened after the self-exclusion period. All remaining balances less any active bonuses will be transferred to your bank card, bank account or transferred to you through any other third party payment method which we make available.

8(c)     General: Any Patron accounts that we detect that contravene our Responsible Gaming Policy will be closed. If you breach our Responsible Gaming Policy, we may suspend any Patron accounts that you may hold including any account you may hold with us.

8(d)     Information: If you or someone you know has a gambling problem and wants help, call: Gamblers Anonymous on 855-2-Call-GA or 855-222-5542 (information is also available from the Gamblers Anonymous   website: www.gamblersanonymous.org).

9. BONUSES

9(a)     We may offer certain bonuses and bonus programs from time to time. All bonuses are subject to these Terms and Conditions (as they are updated from time to time) and any other specific terms relating to bonuses that we publish on the Website and Betting Apps or otherwise including, but not limited to, competitions or promotional rules.

9(b)     If you receive a bonus, you must comply with the relevant specific rules of the competition and/or promotion or any special terms (as they are updated from time to time). In addition, our decisions in respect of such bonuses are final and binding in all respects.

9(c)     Closure of your Patron account will render a bonus void.

9(d)     Bonuses are not transferable between Patron accounts.

9(e)     Failure to comply with these Terms and Conditions and any Bonus Rules (as they are updated from time to time) will automatically render your bonus and/or entry to a bonus program void.

9(f)      We may withhold, withdraw, amend or cancel any bonus or bonus offer at our discretion at any time and without notice.

9(g)     Additional Bonuses: We may choose, in our sole discretion, to provide additional bonuses or complimentary payments to Patrons, either applied directly to their Patron account or through mechanisms such as offering the facility for Patrons to participate in bonus Games, offers and chat and media Games. The application of any bonus or "comp" to a Patron’s account or the offering of bonus Games does not place any obligation on us to make any similar payment or bonus to any other Patron.

10. ACCEPTANCE AND VALIDATION OF WAGERING

10(a)   Confirmed Wagers: A Wager is only placed when it is recorded by us. At that time, the amount of the Wager will be charged against your Patron account. All Wagers are final. We cannot cancel or refund Wagers once they have been confirmed by us unless the Wager is declared void for reasons outlined in these Terms and Conditions.

10(b)   Minimum Wager: A minimum amount of USD $0.01 (one cent) per Wager applies to each Game, unless otherwise specified.

10(c)   Deduction of Wagers / Unresolved Wagers: The cost of a Wager will be deducted from your Patron account at the time of placing your Wager, no matter when the result is determined. We cannot refund Wagers purchased for future plays that have not yet been settled. Any winnings related to such Wagers will be credited to your Patron account once the play has been settled.

10(d)   Our right to Cancel/Terminate Games: We may cancel, amend, remove or terminate any Game at any time in our sole discretion without notice. If a Game is cancelled, amended, removed or terminated in a way that makes it impossible to resolve a Wager that you placed, then that Game shall be deemed null and void and the Wager will be credited back to your Patron account.

10(e)   Our right to Postpone Games: We may postpone any Games at our sole discretion. In this case, any Wagers for the postponed Games shall still stand and the Game will be executed at the new time set by us.

10(f)    Online Wagering only: You may only place Wagers for the Games through this Website. Attempts to place Wagers through any other medium, including, but not limited to, telephone, fax or mail, will not be accepted. The minimum Wagering requirement for each Game may vary and will be specified in each Game.

10(g)   Illegal Wagering is Void: We may, in our sole discretion, declare any Wager as void if a Patron is identified as playing illegally, in which event no winnings will be paid.

11. PRIZES AND PAYMENT OF WINNINGS AND PROMOTIONS

11(a)   Crediting Winnings: Winnings due on Wagers placed through your Patron account will be credited to your current deposit balance automatically. This update of your Patron account is not 'proof of win'. If upon manual review there is evidence of fraud, Malfunction or malfeasance, we may void certain Wagers and winnings and amend Patron accounts accordingly.

11(b)   Rounding of Winnings: We use a Wager multiplier to calculate and accumulate gaming odds and it is therefore possible that for certain Games, winnings payouts can be displayed for presentational clarity having been rounded down to two decimal places to the nearest currency unit (i.e. cents (USD)). However, our (and/or any of our third party Game and/or service providers’) servers calculate and record the exact decimal value of the accumulated winnings payouts and Patrons’ balances.

11(c)   Our Decision is Final: You agree that we and our records (and/or the records of any of our third party Game and/or service providers) shall be the final authority in determining the terms of any Games you play, any Wagers you place, the circumstances in which such Wagers were placed, and the outcome of the same.

11(d)   Taxation on Winnings: Any applicable taxes and fees in connection with any winnings awarded to you are your sole responsibility.

(i)         We report winnings to the Internal Revenue Service (IRS) and the state in which the activity occurred for:

a. Any bet which results in proceeds of $1,200.00 or more from a slot game; or
 b. Any bet which results in proceeds of $600.00 or more where the winnings are at least 300 times the amount of the wager.

(ii)        We also withhold taxes on any bet which results in proceeds of $5,000.00 or more where the winnings are at least 300 times the amount of the wager. We withhold the required amount as directed by the Internal Revenue Service and applicable state revenue or taxing authority and remit such amounts to the Internal Revenue Service and/or applicable state revenue or taxation office, as applicable and as may be amended from time to time.  

(iii)       If you are subject to IRS reporting requirements, we will send you Form W2-G summarizing the information for tax purposes by January 31st of the year following the end of the tax year of winning.

(iv)       We may also withhold applicable amounts due pursuant to a state’s child support intercept law, as applicable, as well as any validly issued and served legal process such as but not limited to a levy received from the Internal Revenue Service.  In accordance with NJAC 13:69D-1.40(s), jackpot wins greater than $50,000 may be subject to withholding should the jackpot winner be in arrears on child support obligations. This regulation requires the licensee or operator to access a New Jersey State website to verify the obligation to withhold. Procedures for withholding shall be in compliance with the procedures as set forth by the New Jersey Office of Child Support Services (OCSS). Notification to the jackpot winner will be made in the event withholdings are applicable.

11(e)   Progressive Jackpots: We may choose to make available to Patrons pooled Progressive Jackpots across networks and services owned and operated by NetEnt Americas, LLC, Everi Interactive LLC, Konami Gaming Inc., Spin Games, LLC and International Game Technology, PLC or its affiliates, and/or third parties.

11(f)    Progressive Jackpot Winnings: All Progressive Jackpot winnings will be subject to our confirmation. Our decision will be final and no correspondence will be entered into.

11(g)   Progressive Jackpot Accuracy: We use reasonable measures to ensure that the Progressive Jackpot value displayed in a Game matches the value on the Game server. However, it is the Progressive Jackpot value on the server that is used when the Progressive Jackpot is paid out. A small discrepancy may arise due to the delay between the initial Progressive Jackpot being displayed to you and the Progressive Jackpot that is actually won and paid out. Although unlikely, it is theoretically possible for the Progressive Jackpot to be apparently won by more than one Patron during the delay period mentioned above. If more than one Patron apparently wins a Progressive Jackpot simultaneously then the Patron recorded on our servers and/or our Game or service providers’ servers as having won the Progressive Jackpot first shall be the recipient and the subsequent Patron(s) shall win the value of the Progressive Jackpot when reset. In the extremely unlikely event of the server recording a win truly simultaneously, we may share the Progressive Jackpot equally between the winning Patrons.

12. COMPETITIONS AND PROMOTIONS

12(a)   From time to time we may offer you the chance to enter competitions and/or promotions, or you may be automatically entered into a competition and/or promotion as a result of being a Patron. We will provide the specific rules for such competitions and/or promotions at the relevant time. You should therefore read these Terms and Conditions in combination with any applicable specific rules for a competition and/or promotion you wish to enter. Where any such specific rules conflict with these Terms and Conditions, the specific rules will take precedence.

12(b)   In order to participate in any promotion, you hereby agree to be unconditionally bound by the following (as may be applicable): (i) these Terms and Conditions; (ii) the end user license agreement governing the use of the Website and the Betting Apps (“EULA”); (iii) the specific promotion and/or competition rules governing participation in any promotion and/or competition on the Website and the Betting Apps; and (iv) any special terms and conditions relevant to the individual promotion and/or competition as may be displayed on the Website and Betting App.   

12(c)   Failure to comply with these Terms and Conditions (and any applicable competition and/or promotion-specific rules) will automatically render your entry to any competition or promotion void.

12(d)   We may withhold any credits, bonuses or prizes awarded as part of a competition and/or promotion at our discretion.

12(e)   Closure of a Patron account during any competition and/or promotion will render your entry void and you will not be able to receive a prize.

12(f)    We may withdraw or amend any competition or promotion at any time and without prior notice.

12(g)   To take part in any competition and/or promotion you must be 21 (twenty-one) years of age or over. You may be asked at any stage to provide us or our designated third party with proof of your age and/or identity and you must, on demand, be able to present a valid passport or other valid government issued picture ID to verify your age and/or identity. If you are unable to produce any such document(s) to our reasonable satisfaction, you will be automatically excluded from the competition and/or promotion and may forfeit any privileges, prizes or funds that have been allocated to you without compensation of any kind. 

12(h) Each entrant for a competition and/or promotion must be the same person whose name appears on the patron account on the Website and Betting Apps that registered to take part in the competition and/or promotion (to the extent that a patron account is necessary in accordance with the specific rules of the competition and/or promotion). You may only have one patron account with us and you must use that patron account to take part in the competition and/or promotion.  Furthermore, you must not permit another person to take part in the competition and/or promotion using your patron account. By taking part in any competition and/or promotion, you hereby confirm to us that your name, address and personal details as registered on and set out in your patron account is correct and up to date.  If you are unable to produce valid proof of your name, address or other personal details to our reasonable satisfaction, you will be excluded or disqualified from the competition and/or promotion. 

12(i)     Our employees and relatives of our employees and any entities affiliated or related to us are not permitted to participate in any competition and/or promotion. For these purposes, the term 'relative' shall include but not be limited to spouse, partner, parent, cousin, child or sibling and ‘affiliated’ shall include but not be limited to such an employee’s housemate(s) or co-habitee(s).

12(j)     You may only participate in a competition and/or promotion if you are physically present in the state in which we are licensed and authorized by the Regulators to conduct the competition and/or promotion.  

12(k)   If we become aware of any fraud, deceit, misconduct, dishonesty or similar action concerning your participation in the competition and/or promotion or where you breach these Terms and Conditions or the specific rules of the competition and/or promotion or the EULA, then we reserve the absolute right to automatically disqualify you or invalidate your entry.  If the fraud, deceit, misconduct, dishonesty or other action is only discovered after any prize has been awarded to you, then you shall be required, upon demand, to return the same (or provide compensation) to us forthwith upon notification to do so.  

12(l)     Throughout the duration of any competition and/or promotion, strict rules regarding the behaviour of all entrants will be enforced. We reserve the right to take any action we  deem necessary against any entrant found to be in breach of these Terms and Conditions, the EULA, specific rules of the competition and/or promotion or any special terms and/or acting deceitfully or dishonestly with respect to the competition and/or promotion and such action may include but shall not be limited to exclusion, suspension or disqualification from the competition and/or promotion, the confiscation of any prize or of any rewards that have been allocated and/or that would ordinarily have been awarded to that entrant. The decision as to what activity or behaviour constitutes a breach of these Terms and Conditions, the EULA or the specific rules/special terms and conditions of the competition and/or promotion or what constitutes an act of deceit or dishonesty in relation to any conduct by an entrant while participating in the competition and /or promotion rests solely with us in our sole discretion.

12(m)  For the avoidance of doubt, the prizes or rewards and/or all other items which may be given away as part of a competition and/or promotion are non-transferable and may not be given, assigned, transferred, sold to or exchanged with any other person(s).

12(n)   We reserve the right to provide a cash alternative for any prize or gift. You will not have the right to require payment of the cash alternative unless we agree.  The cash value of each prize or gift (to the extent that we agree to make such cash alternative available in any given competition and/or promotion) will be specified in the specific rules of the competition and/or promotion or any special terms.

12(o)   Winners of Prizes/Gifts will be notified in accordance with the specific rules of the competition and/or promotion or any special terms. It is each entrant’s responsibility to ensure that the contact details and email address contained in their patron account is valid and correct.  

12(p)   Prizes/gifts must be claimed within thirty (30) days from when you are notified of your winnings unless otherwise stated.  If you have not claimed the prize/gift within this time your prize/gift will be void, and may be redrawn and offered to another entrant or offered in another competition and/or promotion. Following notification to you that you have won a prize or are entitled to receive a gift, the prize/gift will be sent or made available to you no later than ninety (90) days following the conclusion of the competition and/or promotion.  Note however that if an element of a prize/gift may relate to an event taking place at a future date, you will not be able to use the prize/gift until such future date.  Prizes/gifts are subject to availability. In the event of unavailability, we reserve the right to provide an alternative prize or gift of similar value and specification.

12(q)   There may be additional terms and conditions imposed by the supplier of a prize or gift (“Third Party Rules”) in order for you to claim and/or use a particular prize or gift and we will not be responsible for your failure to comply with any such Third Party Rules. In addition, you may be required to enter into a separate binding agreement with regard to conditions governing the award and/or use of any element of the prize and/or gift. Failure to abide by such conditions may result in the forfeiture of the prize/gift.  

12(r)    No prize or gift will be awarded to any entrant who, for any reason, would not be allowed by applicable law to receive and/or use the prize/gift or where the supply of the prize/gift to that entrant would be unlawful.

12(s)   Any entrant in receipt of a prize/gift as part of any competition and/or promotion bears sole responsibility for all duties, taxes or charges that may be payable to any relevant authority, whether applied as a withholding tax from the payment of prize/gift or as tax in respect of the receipt of the prize/gift, in accordance with applicable laws. If we are required to withhold tax from the prize/gift, the amount you receive may be less than the advertised prize/gift.  

12(t)    Limitations of liability. BY PARTICIPATING IN ANY COMPETITION AND/OR PROMOTION YOU HEREBY AGREE TO RELEASE, DISCHARGE AND HOLD HARMLESS CDIG, SBTECH AND ANY CDI COMPANY ALONG WITH THEIR LEGAL REPRESENTATIVES, AFFILIATES, SUBSIDIARIES, AGENCIES AND RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM ANY COSTS, EXPENSES DAMAGES, LOSSES CLAIMS, ACTIONS OR PROCEEDINGS BROUGHT BY YOU (OR ANY THIRD PARTY ON YOUR BEHALF) (“CLAIMS”), AS A RESULT  OF YOUR PARTICIPATION IN ANY COMPETITION AND/OR PROMOTION AND /OR ANY PRIZE/GIFT THAT MAY BE AWARDED TO YOU AS A RESULT THEREOF AND CDIG, SBTECH AND ANY CDI COMPANY FULLY DISCLAIMS ANY LIABILITY IN RELATION TO ANY SUCH CLAIMS (OTHER THAN PAYMENT OF ANY COSTS AND EXPENSES SPECIFICALLY PROVIDED AS PART OF THE PRIZE (IF ANY) WITH RESPECT TO THE COMPETITION AND/OR PROMOTION). THIS LIMITATION DOES NOT INCLUDE ANY LIABILITY ON THE PART OF CDIG AND SBTECH TO YOU FOR: (I) NEGLIGENCE; (II) DEATH OR PERSONAL INJURY ARISING OUT OF CDIG AND SBTECH’S NEGLIGENCE OR THE NEGLIGENCE OF ITS EMPLOYEES; (III) FRAUDULENT MISREPRESENTATION; OR (IV) ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.  

EXCEPT AS PERMITTED UNDER THE PARAGRAPH ABOVE, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, IN NO EVENT WILL CDIG OR ITS AFFILIATES AND SBTECH, INCLUDING, WITHOUT LIMITATION, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS, BE LIABLE TO YOU OR ANY PARTY FOR: (I) ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF BUSINESS AND OTHER PROFITS, LOSS OF PROGRAMS, COST OF REPLACING EQUIPMENT OR SOFTWARE OR LOSS OF RECORDS, INFORMATION OR DATA), OR ANY OTHER DAMAGES ARISING IN ANY WAY FROM OR IN RELATION TO YOUR PARTICIPATION IN ANY PROMOTION (OR INABILITY TO DO THE SAME), EVEN IF SUCH PARTIES SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE APPLICABLE PROMOTION.

WE SHALL NOT BE LIABLE TO YOU TO PERFORM ANY OF ITS OBLIGATIONS UNDER THE COMPETITION AND/OR PROMOTION OR IN RESPECT OF THE PRIZE/GIFT WHERE IT IS UNABLE TO DO SO AS A RESULT OF CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL AND WHILE PROVIDER MAY ENDEAVOUR TO PROVIDE AN ALTERNATIVE PRIZE/GIFT, IT SHALL NOT BE LIABLE TO COMPENSATE ANY ENTRANT WHERE IT FAILS TO DO SO IN SUCH CIRCUMSTANCES.

YOU HEREBY AGREE TO INDEMNIFY CDIG AND SBTECH ALONG WITH THEIR LEGAL REPRESENTATIVES, AFFILIATES, SUBSIDIARIES, AGENCIES AND RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AGAINST ALL COSTS, LOSSES, DAMAGES, EXPENSES AND LIABILITIES (INCLUDING FOR LOSS OF REPUTATION AND GOODWILL AND PROFESSIONAL ADVISORS FEES) SUFFERED BY THEM AND ARISING AS A RESULT OF A BREACH BY YOU OF YOUR OBLIGATIONS UNDER THESE TERMS AND CONDITIONS, THE EULA, THE COMPETITION AND/OR PROMOTION RULES OR THE SPECIAL TERMS OR IN CONNECTION WITH YOUR FAILURE TO FOLLOW ANY INSTRUCTIONS OR IN RELATION TO ANY MATTER CONCERNING YOUR PARTICIPATION IN A COMPETITION AND/OR PROMOTION.

12(u)   By participating in any of our competitions and/or promotions, you hereby grant to us the right to use your name, likeness, voice and image in marketing and promotion campaigns in any media whatsoever without compensation and you expressly waive any claims or right to any action against us pertaining to such use in any way.

12(v)    These Terms and Conditions, the EULA, the specific rules of the competition and/or promotion or any special terms represent the entire agreement between you and us relating to each competition and/or promotion that you participate in and supersedes all prior representations, agreements, negotiations or understandings (whether oral or in writing) between us and you. Except as specifically set out herein, all conditions, warranties, representations and terms (whether expressed or implied by law) are fully excluded. The invalidity, illegality, or unenforceability of the whole or any part of these Terms and Conditions does not affect or impair the continuation in force of the remainder of the Terms and Conditions.  

12(w)   We reserve the right, at any time, to alter these Terms and Conditions, the EULA, specific rules of the competition and/or promotion or any special terms at our sole discretion, including to cancel, modify or suspend any competition and/or promotion if, in our sole discretion, we believe that the competition and/or promotion is not capable of being conducted as specified. Any changes to any competition and/or promotion shall be made on the Website and Betting Apps and your continued participation in that competition and/or promotion shall be deemed an acceptance of any proposed changes, modification or alterations.

13. REGULATION OF RESULTS

13(a)   Our Server Evidenced Results: If there is a discrepancy between either the numbers that you believe that you have entered or the graphic display of the Game you have played and those in our (or any of our third party Game or service providers’) database, the numbers in the database are considered valid and no correspondence disputing such issues will be entered into by us. This covers disputed results on both play for real and demo mode games.

13(b)   Random Number Generator: You accept and agree that: (i) random number generator software, hosted on our (or any of our third party Game or service providers’) servers will determine the outcome of the Games; (ii) if the result shown on the software conflicts with the result shown on our (or any of our third party Game or service providers’) server, the result shown on our (or any of our third party Game or service providers’) server shall in all circumstances take precedence; and (iii) our (or any of our third party Game or service providers’) records shall be the final authority in determining the circumstances of your use of the Website and you shall have no right to dispute our decisions in regard to such matters.

13(c)   Claims and Disputes: No claims or disputes will be considered more than seven (7) days after the date of the original transaction for casino claims or disputes and seven (7) days after settlement for sports pool claims or disputes.  All claims or disputes should be raised with our Customer Support by email at contact@betamerica.com or using the Contact Us page.

13(d)   Integrity of Random Number Generator: The output of our (or our third party Game or service providers’) random number generator is monitored regularly by us to ensure it performs within expected bounds and it is also checked periodically by the Regulators and is accepted and certified by the Regulators in accordance with the provisions of the Act.

13(e)   Automatic Game Playing / Manipulation of Software: Automatic playing of Games by software (including, but not limited to, so called "bots", AI-software and any software used for opponent-filing and automatic betting) or any other manipulation of the Games or your/another Patron's account data is not permitted and may (without affecting our other rights and remedies) result in closure of your Patron account, closure of all associated Patron accounts, and the cancellation of any outstanding winnings and deposits. Patrons that breach this section will not be eligible for reinstatement under different screen names.

14. GENERAL INFORMATION

14(a)   Disconnections:

1. Games are played over the Internet, and, in the case of mobile Games, over mobile telephone networks. These are communication mediums that are known to be imperfect. If you are disconnected from the Internet or a mobile telephone network, then: (i) if you have not commenced the Game when you are disconnected, there will be no effect on your account; or (ii) if you have commenced the Game when you are disconnected the Game will be recorded on the Game servers and the Wager will stand and the outcome will be reflected in your Patron account status.
2. Some Games are multi stage and may include bonus Games. If you are disconnected from the Internet or a mobile telephone network during a bonus Game or a multi stage Game, reconnecting and re-selecting the Game (at the same value where applicable) should cause the Game to recommence from the point at which it terminated. Non multi stage Games will complete the outcome of the Game or bonus Game in your absence and will credit your Patron account if you win. If a bonus Game cannot for any reason be recommenced in this way, this is considered a Malfunction unless otherwise stated in the specific Game rules. If there is a disconnection, the records stored on the Game server shall be the final authority in determining the terms of any Wagers you place and the circumstances in which they were made. Malfunction voids all Wagers, pays and plays.

14(b)   Patron Account Balances: The balance of your Patron account will at all times be as recorded on our server.

14(c)   Wager Result Acceptance: By placing any further Wagers with us, you accept the results of any previous Wager.

14(d)   Site Activity Monitoring: Use of the Website and Betting Apps may be monitored to ensure that you are not using the Website and Betting Apps with a frequency or in a manner which might suggest you are using it for bookmaking or other suspected criminal activities. We may withhold any monies and/or suspend and/or close your Patron account if we consider that the Website and Betting Apps is being used by you for bookmaking or other suspected criminal activities.

14(e)   Suspicious Activity: If we determine or suspect that a transaction is suspicious (including, but not limited to, collusion between Patrons whether using our systems or other systems) and involves or may involve financial crime, fraud, cheating or irresponsible gaming behavior or breaches any of our policies, we may retain the amount of that transaction and any other transaction made by you. We shall be under no obligation to provide you with any reasons for doing so. In addition, we may disclose information of such activity (including, but not limited to, any details relating to you) to the Regulators and other applicable Law Enforcement agencies.

14(f)    Fraud: We may withhold winnings, void or freeze Wagers and notify the Regulators if you or another Patron manipulates the Games in a fraudulent manner, if there is collusion (or suspected collusion) between Patrons.

14(g) Malfunction: In the event of a discrepancy between the information displayed to you and the information maintained on our servers, the information on our servers will be definitive. Malfunction in the services will void all pays and plays.

14(h) Error: BetAmerica makes every effort to ensure that the site is free from errors and that the odds offered are correct. However, human or technical errors and malfunctions may occur. BetAmerica defines an Error as any human or technical mistake or malfunction including but not limited to incorrect markets, late bets, pricing errors, and /or settlement errors. Where an Error occurs before the start of the event, BetAmerica will make a reasonable attempt to contact you, but subject to the approval of the Pennsylvania Gaming Control Board, BetAmerica reserves the right to cancel or void any wagers where an Error has occurred pursuant to these terms and conditions.

i. Incorrect Market – Where a wager is accepted on an event that cannot or will not occur, bets will be deemed no action and the stake returned.

ii. Late Bets – Where a wager is accepted after the beginning of the event or after the outcome of any prop/live wager is known or should be known, we may in our discretion, void the wager and return the stake.

iii. Pricing Error – Where a wager is made on odds which represents an obvious or palpable error, BetAmerica will make a reasonable attempt to contact you, but reserves to the right to cancel your bet and return your stake. An obvious or palpable error is where the odds offered are materially different than those available within the jurisdiction’s general market.

iv. Settlement Error – Where the outcome of a wager is settled incorrectly, the wager will be resettled based on official results. Where the cash-out of a wager is incorrectly calculated, the wager will be resettled at the correct amount. In the event that resettlement would require adjustment of your account, BetAmerica reserves the right to take reasonable action, without notice, to adjust your account, void or cancel subsequent transactions, and/or suspended your account and contact you to resolve or collect any overpayment as a result of resettlement. You agree to refund any such winnings which were received by you in error or by mistake.

14(i)     Auto-play Facility: If you use an auto-play facility that we make available on any of our Games, the outcome of any spins prior to pressing the STOP button, including, but not limited to, any spin in progress at the time you press the STOP button cannot be reversed.

14(j)     Employee and Service Providers Playing Restrictions: Neither: (a) our employees who are key employees and casino employees prohibited from wagering in any casino or simulcasting facility; nor (b) Service Providers and their employees, agents or assigns who provide software licenses, software supplies, software developments to us may register as Patrons, play the Games or make transactions on the Website and Betting Apps unless authorized to do so by one of our legally entitled officials for test purposes only. No funds or winnings in Patron accounts used in this manner may be withdrawn unless otherwise approved by the Regulators.

14(k) Force Majeure Events: If we are prevented from providing all or part of the Website and Betting Apps (including, but not limited to, any service or Game) or fulfilling any of our obligations under these Terms and Conditions due to an event beyond our reasonable control, including, but not limited to, an act of God, an outbreak of hostilities, riot, civil disturbance, acts of terrorism, the act of any government or authority (including, but not limited to, any refusal or revocation of any license or consent), fire, explosion, flood, theft, malicious damage, strike, lock-out, or industrial action of any kind or any other such cause beyond our reasonable control, the Website and Betting Apps (including, but not limited to, any service or Game) may be suspended until such time as we are able to provide access to the Website and Betting Apps (or any affected part thereof) or fulfill any obligations under these Terms and Conditions. You agree to waive any claim against us which may arise in such circumstances.

15. CHAT ROOMS

15(a) Chat Content Standards: We may provide you with a chat facility to enable you to communicate with our chat hosts on the Website and Betting Apps. We may review and keep a record of all such content on such chat facility. As a condition of your use of the chat facility, you agree to comply with the following terms:

1. you must not make any statements or submit any material that is sexually explicit or offensive, including, but not limited to, messages that are expressions of bigotry, racism, hatred, prejudice or profanity;
2. you must not make statements or submit any material that is abusive, defamatory or harassing or insulting;
3. you must not distribute viruses or any other technology that may harm the Website or otherwise disrupt our systems;
4. you must not make statements or submit any material that advertises, promotes or otherwise relates to any other websites or online or offline ventures, discusses illegal activities, or post personal details;
5. you must not make statements or submit any material about us or the Website or the Betting Apps any other website or service connected to us that is untrue and/or malicious and/or damaging to us;
6. you must not hold us responsible for the publication of Patron content in the chat rooms or on the Website or on the Betting Apps; and 
7. you must not submit any content that you do not have the right to post.

15(b) Monitoring Levels: We may review Patron content that you post on the Website, and Betting Apps including, but not limited to, on the chat facility and take necessary action retrospectively. If we consider that any such content is unsuitable, we may mute or suspend your ability to use the chat facility or close your Patron account at our sole discretion and your activity may be reported to your Internet Service Provider (ISP) or the relevant authorities.

15(c) Open Forum: You acknowledge and accept that your communications on the chat facility are not private or confidential, and may be viewed and used by others accessing the Website and Betting Apps.

16. CONVENIENCE AND INFORMATION ONLY: The Website and Betting Apps are provided to you as a convenience and for your entertainment and information only. By merely providing access to the Website and Betting Apps, we do not warrant or represent that: (a) the Website and Betting Apps’ Content: (i) is accurate or complete; (ii) is up-to-date or current (nor do we have any obligation to keep any such Website and Betting Apps’ Content up-to-date); (iii) is free from technical inaccuracies or typographical errors; or (iv) is free from changes caused by a third party; and/or (b) your access to the Website and Betting Apps will be free from interruptions, errors, computer viruses or other harmful components; and/or (c) any information obtained in response to questions asked through the Website and Betting Apps is accurate or complete.

17. INDEMNIFICATION; DISCLAIMERS; LIMITATION OF LIABILITY

17(a) NO WARRANTIES; INDEMNIFICATION: YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE AND BETTING APPS IS AT YOUR SOLE RISK. THE WEBSITE, THE BETTING APPS, WEBSITE CONTENT, ANY SERVICE OR ANY GAMES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WE PROVIDE THE WEBSITE AND BETTING APPS ON A COMMERCIALLY REASONABLE BASIS AND MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE, THE BETTING APPS, WEBSITE CONTENT, ANY SERVICE OR ANY GAME OFFERED IN CONNECTION WITH THE WEBSITE AND BETTING APPS ARE OR WILL REMAIN UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEB PAGES ON THE WEBSITE AND BETTING APPS OR THE SERVERS USED IN CONNECTION WITH THE WEBSITE AND BETTING APPS ARE OR WILL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AND BETTING APPS AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT WE WILL HAVE ADEQUATE CAPACITY FOR THE WEBSITE AND BETTING APPS AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.

17(b) INDEMNIFICATION: You agree to defend, indemnify and hold us and our directors, officers, employees and agents harmless from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys’ fees) assessed or incurred by us or them, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms and Conditions; (ii) your breach of your obligations under these Terms and Conditions; and/or (iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties.

17(c) Limitation of Liability: OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICE OR GAME PROVIDED ON OR THROUGH THE WEBSITE AND BETTING APPS WILL BE: (A) WHERE SUCH LIABILITY RELATES TO A SPECIFIC WAGER, THE VALUE OF SUCH WAGER PAID BY YOU; OR (B) WHERE SUCH LIABILITY RELATES TO ANY MONEY IN YOUR PATRON ACCOUNT WHICH HAS BEEN MISPLACED, THE AMOUNT THAT HAS BEEN MISPLACED; OR (C) IN RELATION TO ANY OTHER CLAIM, THE AMOUNT OF $2,000. IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, THE BETTING APPS AND/OR ANY SERVICES OR GAMES PROVIDED IN CONNECTION WITH THE WEBSITE AND BETTING APPS OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE, THE BETTING APPS AND/OR ANY SERVICES OR GAMES PROVIDED IN CONNECTION WITH THE WEBSITE AND BETTING APPS. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.

17(d) We do not endorse, warrant or guarantee any third party product or services shown on the Website and Betting Apps and will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.

17(e) The information and other content provided as part of the Website and Betting Apps does not constitute any kind of advice, recommendation or endorsement by us and is not intended to be relied upon by you in making (or refraining from making) any specific decision. We therefore disclaim all liability and responsibility arising from any reliance placed on such information or content by you or any Patron, or by anyone who may be informed of any of its contents.

17(f) We may discontinue, withdraw, terminate or modify the Website and Betting Apps or any part of each at any time with or without notice or further liability to you.

18. THIRD PARTY CONTENT

18(a) We may provide hyperlinks to other websites maintained by third parties, or we may provide third party content on the Website and Betting Apps by framing or other methods. THE LINKS TO THIRD PARTY WEBSITES ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT ON ANY LINKED WEBSITE IS NOT UNDER OUR CONTROL AND WE ARE NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEBSITES, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD PARTY WEBSITE. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY WEBSITES LINKED TO THE WEBSITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.

18(b) If a third party links to the Website or Betting Apps, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with us. In most cases, we are not even aware that a third party has linked to the Website and Betting Apps. A third party website that links to the Website and Betting Apps: (i) may link to, but not replicate, our content (including, but not limited to the Website and Betting Apps’ Content); (ii) may not create a browser, border environment or frame our content (including, but not limited to the Website and Betting Apps’ Content); (iii) may not imply that we are endorsing it or its products or services; (iv) may not misrepresent its relationship with us; (v) may not present false or misleading information about our products or services; (vi) should not include content that could be construed as distasteful, offensive or controversial; and (vii) should contain only content that is appropriate for all age groups.

19. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS

19(a) General: We are the copyright owner or authorized licensee of all text and all graphics contained on the Website and Betting Apps. The "BetAmerica" name and certain related names, domain names and marks reflected on the Website and Betting Apps are owned by CDIG. The trademarks, service marks and logos used and displayed on the Website and Betting Apps are ours, or our subsidiaries’ or affiliates’, registered and unregistered trademarks. Other parties’ trademarks and service marks that may be referred to on the Website and Betting Apps are the property of their respective owners. Nothing on the Website and Betting Apps should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our, or our subsidiaries’ or affiliates’, trademarks, service marks or copyrights, nor those of any third-party licensor as described above, without our prior, written permission. We aggressively enforce our intellectual property rights. Neither our name, our subsidiaries or affiliates, nor any of our other trademarks, service marks or copyrighted materials, whether owned by us or licensed from others as aforesaid, may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Website and the Betting Apps or otherwise, without our prior written permission, except that a third party website that desires to link to the Website and Betting Apps and that complies with the requirements of section 19(b) above may use the name "BetAmerica" in or as part of that link.

19(b) Software License for use of the Website and Betting Apps: The Website and Betting Apps may include software which may be downloaded and installed on your PC, mobile and/or any other device. We hereby grant to you a revocable, non-exclusive, non-sub licensable, non-transferable license for the use of the software on PC, mobile and/or any other device owned or operated by you, solely for the purpose of wagering and managing your Patron account on the Website and Betting Apps. You may view, copy or print pages from the Website and Betting Apps solely for personal, non-commercial purposes. You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from the Website and Betting Apps without our express, prior, written consent.

19(c) No assignment: Other than the license set out in clause 19(b), you neither have nor obtain any right, title or interest in the Website and Betting Apps (including, but not limited to any Website and Betting Apps’ Content) or any rights therein (including, but not limited to, Intellectual Property Rights) of us or our licensors. All right, title and interest (including goodwill) arising from your use of the Website and Betting Apps will vest in us or our licensors (as applicable).

20. SUBMISSIONS:

20(a) If you:

(i) send, transmit, post on the Website and Betting Apps, mail, email or otherwise convey to us, whether at our request or not, any non-personally identifiable information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, notes, drawings, articles, stories about yourself, or other materials of any kind whatsoever, including, but not limited to, postings in chat rooms or on bulletin boards, competition entries, photographs, footage, audio recordings and quotes (including, but not limited to, any taken from telephone conversations or email correspondence); and/or (ii) agree to be filmed, photographed and/or recorded for the purposes of producing audio, visual and audio visual material for inclusion in marketing and publicity material,(collectively, the "Submissions"), subject to our Privacy Policy, none of the Submissions will be subject to any obligation of confidentiality on our part, nor will we be liable for the use or disclosure of any Submissions. Without limitation of the foregoing, you grant us and our successors and assigns a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license (as well as consent) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform, display and sublicense any Submissions (in whole or in part and with or without the use of your name in conjunction therewith) anywhere in the world. You also grant to us and our successors and assigns the right to incorporate Submissions into other works in any form, medium or technology now known or later developed, for the full term of any copyrights, trademarks and other intellectual and proprietary rights, including Intellectual Property Rights, (collectively, "Rights") that may exist in such Submissions. You also warrant to us that any third party holder of any Rights has validly and irrevocably granted to you the right to grant the rights and licenses set out above. You further acknowledge that we and our successors and assigns will be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, including, but not limited to, if you close your Patron account.

20(b) We operate official pages on Facebook, Twitter and other social media websites in relation to the BetAmerica brand and other brands of (or licensed by) CDIG (collectively, the "Social Media Pages"). You accept that the Social Media Pages may feature Submissions made by or featuring you. You further acknowledge and agree that we have no responsibility for posts made by third parties on Social Media Pages.

21. COPYRIGHT COMPLAINTS: We own, protect and enforce copyright and other rights in our own intellectual property, and respect the intellectual property rights of others. Materials also may be made available on the Website and Betting Apps by third parties not within our control. It is our policy not to permit materials known by us to be infringing to remain on the Website and Betting Apps. Please notify us promptly if you believe that any materials on the Website and Betting Apps infringe on the intellectual property rights of anyone else. Once we receive proper notice of claimed infringement under the Digital Millennium Copyright Act (the "DMCA"), we will respond promptly to remove the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue. Notice of alleged infringement must be sent by certified mail and marked "Copyright Infringement" to: 

ATTN: Compliance

Churchill Downs Interactive Gaming, LLC d/b/a BetAmerica

600 N. Hurstbourne Pkwy., Ste. 400

Louisville, KY  40222 

22. MISCELLANEOUS

22(a) Complaints:

1. If you have a complaint, please follow our complaints procedure as set out in our FAQs. We will investigate each complaint and provide a response to you.
2. After all reasonable steps have been taken by you and us to resolve your complaint, you may file a complaint with the Regulators.
3. We may provide a copy of your complaint if it relates to your Patron account, Game outcomes and/or illegal activity and our response to you, including, but not limited to, any relevant documentation, to the Regulators.

22(b) DISPUTE RESOLUTION; ARBITRATION; CHOICE OF LAW

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

WAIVER OF CLASS ACTION PARTICIPATION:

YOU AGREE THAT BY USING THE WEBSITE, WEBSITE CONTENT, ANY SERVICE OR ANY GAMES, YOU AND EACH OF THE SERVICE PARTIES ARE EACH WAIVING THE RIGHT TO A COURT OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. YOU AND EACH OF THE SERVICE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR, OR ITS, INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.

ARBITRATION:

WITH THE EXCEPTION OF INTERNET GAMING RELATED COMPLAINTS, WHICH MAY BE FILED WITH THE REGULATORS AS SET FORTH IN SECTION 22(a)(ii) ABOVE, YOU AND EACH OF THE SERVICE PARTIES AGREE THAT ANY AND ALL CLAIMS AND DISPUTES ARISING FROM OR RELATING IN ANY WAY TO THE SUBJECT MATTER OF THESE TERMS, YOUR USE OF THE SERVICE, OR YOUR AND EACH OF THE SERVICE PARTIES’ DEALINGS WITH ONE ANOTHER SHALL BE FINALLY SETTLED AND RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION AS DESCRIBED IN THIS SECTION. THIS AGREEMENT TO ARBITRATE IS INTENDED TO BE INTERPRETED BROADLY. THE ARBITRATION WILL BE GOVERNED BY THE COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), AS MODIFIED BY THIS SECTION. THE DISPUTE WILL BE REFERRED TO AN ARBITRATION ORGANIZATION OR ARBITRATOR THAT YOU AND EACH OF THE SERVICE PARTIES AGREE UPON IN WRITING OR THAT IS APPOINTED PURSUANT TO SECTION 5 OF THE FEDERAL ARBITRATION ACT. FOR ANY CLAIM WHERE THE TOTAL AMOUNT OF THE AWARD SOUGHT IS $10,000 OR LESS, THE ARBITRATOR, YOU, AND APPLICABLE SERVICE PARTY MUST ABIDE BY THE FOLLOWING RULES: (A) THE ARBITRATION SHALL BE CONDUCTED SOLELY BASED ON TELEPHONE OR ONLINE APPEARANCES AND/OR WRITTEN SUBMISSIONS; AND (B) THE ARBITRATION SHALL NOT INVOLVE ANY PERSONAL APPEARANCE BY THE PARTIES OR WITNESSES UNLESS OTHERWISE MUTUALLY AGREED BY THE PARTIES. IF THE CLAIM EXCEEDS $10,000, THE RIGHT TO A HEARING WILL BE DETERMINED BY THE AAA RULES, AND THE HEARING (IF ANY) MUST TAKE PLACE IN THE STATE IN WHICH THE WEBSITE AND BETTING APPS WERE USED BY YOU AND LICENSED FOR USE BY PATRONS IN THAT STATE.  THE ARBITRATOR’S RULING IS BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION, OR APPLICATION MAY BE MADE TO SUCH COURT FOR JUDICIAL ACCEPTANCE OF ANY AWARD AND AN ORDER OF ENFORCEMENT, AS THE CASE MAY BE.

THERE IS NO JUDGE OR JURY IN ARBITRATION. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT AND REVIEW BY A COURT IS LIMITED. NEITHER YOU NOR THE APPLICABLE SERVICE PARTY WILL BE ABLE TO HAVE A COURT OR JURY TRIAL OR PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION. YOU AND EACH OF THE SERVICE PARTIES UNDERSTAND AND AGREE THAT BY AGREEING TO RESOLVE ANY DISPUTE THROUGH INDIVIDUAL ARBITRATION, YOU AND EACH OF THE SERVICE PARTIES ARE EACH WAIVING THE RIGHT TO A COURT OR JURY TRIAL. ANY DISPUTE SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION OR ANY SIMILAR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MULTIPLE PARTIES.

LIMITATION OF ACTIONS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING IN ANYWAY TO THESE TERMS OF USE, YOUR USE OF THE SERVICE, OR YOUR AND THE APPLICABLE SERVICE PARTY’S DEALINGS WITH ONE ANOTHER MUST BE COMMENCED IN ARBITRATION WITHIN TWO (2) YEARS AFTER THE CAUSE OF ACTION ACCRUES. AFTER THAT TWO (2)-YEAR PERIOD, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. SOME JURISDICTIONS DO NOT ALLOW TIME LIMITATIONS OTHER THAN THOSE SET FORTH IN SUCH STATE’S STATUTE OF LIMITATIONS LAWS. IN SUCH CASES, THE APPLICABLE STATUTE OF LIMITATIONS PROVIDED FOR UNDER THE LAWS OF SUCH STATE SHALL APPLY.

YOU AND EACH OF THE SERVICE PARTIES AGREE THAT ALL CHALLENGES TO THE VALIDITY AND APPLICABILITY OF THE ARBITRATION PROVISION — I.E. WHETHER A PARTICULAR CLAIM OR DISPUTE IS SUBJECT TO ARBITRATION — SHALL BE DETERMINED BY THE ARBITRATOR. NOTWITHSTANDING ANY PROVISION IN THESE TERMS TO THE CONTRARY, IF THE CLASS-ACTION WAIVER ABOVE IS DEEMED INVALID OR UNENFORCEABLE YOU AGREE THAT YOU SHALL NOT SEEK TO, AND WAIVE ANY RIGHT TO, ARBITRATE CLASS OR COLLECTIVE CLAIMS. IF THE ARBITRATION PROVISION IN THIS SECTION IS FOUND UNENFORCEABLE OR TO NOT APPLY FOR A GIVEN DISPUTE, THEN THE PROCEEDING MUST BE BROUGHT EXCLUSIVELY IN THE STATE COURTS OF COMPETENT JURISDICTION LOCATED IN THE STATE IN WHICH THE WEBSITE AND BETTING APPS ARE OFFERED PURSUANT TO A LICENSE ISSUED BY THE REGULATORS, AND YOU AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF EACH OF THESE COURTS FOR THE PURPOSE OF LITIGATING SUCH CLAIMS OR DISPUTES, AND YOU STILL WAIVE YOUR RIGHT TO A JURY TRIAL, WAIVE YOUR RIGHT TO INITIATE OR PROCEED IN A CLASS OR COLLECTIVE ACTION, AND REMAIN BOUND BY ANY AND ALL LIMITATIONS ON LIABILITY AND DAMAGES INCLUDED IN THESE TERMS. THIS ARBITRATION AGREEMENT WILL SURVIVE TERMINATION OF YOUR USE OF THE SERVICE AND YOUR RELATIONSHIP WITH EACH OF THE SERVICE PARTIES. THIS ARBITRATION AGREEMENT INVOLVES INTERSTATE COMMERCE AND, THEREFORE, SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT, 9 U.S.C. §§ 1-16 (“FAA”), AND NOT BY STATE LAW. INFORMATION ON AAA AND HOW TO START ARBITRATION CAN BE FOUND AT WWW.ADR.ORG OR BY CALLING 800-778-7879.

IF YOU WISH TO OPT-OUT OF THE AGREEMENT TO ARBITRATE, WITHIN 45 DAYS OF WHEN YOU FIRST USE THE SERVICE OR SUBMIT THROUGH THE SERVICE A REQUEST FOR INFORMATION, YOU MUST SEND US A LETTER STATING “REQUEST TO OPT-OUT OF AGREEMENT TO ARBITRATE” AT THE FOLLOWING ADDRESS:

ATTN: General Counsel

Churchill Downs Interactive Gaming, LLC d/b/a BetAmerica
 600 N. Hurstbourne Pkwy., Ste. 400

Louisville, KY  40222

In the event you opt out of the arbitration provision, you agree to litigate exclusively in the state or Federal courts in the state in which the Website and Betting Apps are offered pursuant to a license issued by the Regulators, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action. These Terms will be governed by the laws of the state in which the Website and Betting Apps are offered pursuant to a license issued by the Regulators, without giving effect to any principles of conflicts of laws.

22(c) Governing Law and Jurisdiction: These Terms and Conditions will be governed by the laws of the State in which the Website and Betting Apps are offered pursuant to a license issued by the Regulators, without giving effect to any principles of conflicts of laws. By using or accessing the Website, you agree that any action at law or in equity arising out of or relating to your use of the Website or these Terms and Conditions will be filed only in the state or Federal courts in the state in which the Website and Betting Apps are offered pursuant to a license issued by the Regulators and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.

22(d) Local Laws: We make no representation that content or materials on the Website and Betting Apps are appropriate or available for use in jurisdictions outside the United States. Access to the Website and Betting Apps from jurisdictions where such access is illegal is prohibited. If you choose to access the Website and Betting Apps from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. We are not responsible for any such violation of law. You may not use or export the Content or materials on the Website and Betting Apps in violation of U.S. export laws and regulations. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).

22(e) Separate Effect: If any part of these Terms and Conditions is disallowed or found to be ineffective, then the other provisions of these Terms and Conditions shall continue to apply.

22(f) No Waiver of Rights: Any failure by us to insist, in any one or more instances, upon performance of any of these Terms and Conditions or to exercise any rights hereunder, shall not be construed as a waiver or relinquishment of the future performance by us of any rights, and shall not excuse you from any performance under the Terms and Conditions.

22(g) Third parties: These Terms and Conditions form an agreement between you and us and are not intended to give any rights to any third party. This does not affect our right to transfer our rights under section 22(h).

22(h) Transfer of rights: We may wish to transfer our rights or obligations under these Terms and Conditions to any of our parent, subsidiary and/or affiliated entities, or to any other legal entity, including, but not limited to: (i) our third party service providers; or (ii) if we restructure our business or if there is a sale of our business. You agree that we may do so provided that in the case of a transfer, after we notify you of the date on which we transfer our rights and obligations under these Terms and Conditions, your rights in connection with these Terms and Conditions will be against the new legal entity. These Terms and Conditions are personal to you and you may not transfer your rights or obligations under these Terms and Conditions to anyone else.

23.  State Requirements.

23(a)   New Jersey

1. YOU MUST BE PHYSICALLY LOCATED IN THE STATE OF NEW JERSEY TO PLAY AT BETAMERICA CASINO OR BETAMERICA SPORTSBOOK.
2. The website www.nj.betamerica.com (and njapp.betamerica.com for mobile) (“Website”) and the mobile, tablet and any other BetAmerica casino and sportsbook apps (all of which together are referred to as the “Betting Apps”) are operated and controlled by CDIG under an agreement with Golden Nugget Atlantic City LLC (“GNAC”), pursuant to the oversight, regulatory requirements, and licensing of the New Jersey Division of Gaming Enforcement (“NJDGE”) pursuant to and in accordance with the Act (as defined in section 2 below), N.J.S.A. 5:12-95.21. GNAC is authorized to conduct Internet Gaming in the State of New Jersey pursuant to the Act, N.J.S.A. 5:12-95.21 under a license issued to Golden Nugget Atlantic City, LLC. The use of the Website and the Betting Apps are subject to all applicable New Jersey State and United States federal regulations.
3. The “Act” for patrons in New Jersey means the New Jersey Casino Control Act, N.J.S.A. 5:12-1 et seq., and the regulations promulgated thereunder by the New Jersey Casino Control Commission and the New Jersey Division of Gaming Enforcement.
4. CDIG is approved by the NJDGE to conduct Internet gaming related business with GNAC, a New Jersey casino license holder and sports wagering license holder, for the purpose of Internet and mobile gaming and sports wagering. 
5. As required under the Act, the Website is currently operated from computer servers hosted and maintained by Continent 8 in Oceans Resort Casino in Atlantic City, New Jersey or its service provider.  These Terms and Conditions shall apply to our operation of the Website regardless of what party or parties may (a) hold the applicable Permit, or (b) host or maintain the servers from which the Website is operated.
6. This language in bold is included in Section 3(a)(vi) above:  “not be excluded by law from using the Website or websites that offer the same or similar services to the Website, including, but not limited to, being: (a) listed at any time on the Regulators’ "Exclusion List" (pursuant to the Act, N.J.S.A. 5:12-71 et seq.); (b) self-excluded (pursuant to the Act, N.J.S.A. 5:12-12-71.2); or (c) any other person specifically excluded under the Act, including, but not limited to, any casino key employees and casino employees prohibited from wagering in any casino or simulcasting facility in the State of New Jersey (pursuant to the Act, N.J.S.A. 5:12-7 and 5:12-9 (respectively)).”

Your Consent To These Terms and Conditions

By accessing and using the Website and Betting Apps, you consent to and agree to be bound by the foregoing Terms and Conditions. If you have additional questions or comments of any kind, or if you see anything on the Website that you think is inappropriate, please let us know by sending your comments to:

BetAmerica

Attn: Customer Support - Website

contact@betamerica.com

Copyright © 2019. Churchill Downs Interactive Gaming, LLC. All Rights Reserved.