Part I – Terms Specific to Account and Wagering Activities:
Part II – Important Terms Applicable to All Services, Content, and Users:
Part III – Important Notices and Terms of Agreement:
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCEPTING. BY ACCEPTING, YOU ACKNOWLEDGE THAT YOU HAVE READ AND ACCEPT THESE TERMS, WHICH INCLUDE AN ARBITRATION PROVISION.
Barstool Sportsbook provides customers with the ability to create, access, and use accounts (each an “Account”) for internet gaming and online sports wagering (collectively, “Interactive Gaming”). 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 Sections 3 and 4. Please read these Terms of Service closely for additional restrictions on your use of an Account. As used herein, “Barstool Sportsbook” shall include all related web pages, interactive features, applications, widgets, blogs, call center, and mobile applications, and their respective contents (including, where available, “Barstool Sportsbook and iCasino”), whether accessed via computer, mobile device, tablet, or other technology.
This Terms of Service Agreement (“Agreement”) is an agreement between you (“you” or “User”) and Penn Sports Interactive, LLC (“Licensee”, “the Company”, “we”, or “us”) for which its respective parents, subsidiaries, affiliates, members, developers, and partners. This Agreement governs the creation of and access to your Account, the use of your Account for all Interactive Gaming activities (including sports wagering) within the State of New Jersey, your access and use of Barstool Sportsbook, and your ability to engage in Interactive Gaming (including sports wagering) within Barstool Sportsbook and within the State of New Jersey (collectively, the “Services”). 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.
NOTICE REGARDING DISPUTE RESOLUTION: This Agreement contains provisions that govern how claims you and we have against each other are resolved (see Section 26 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 26 below.
Online sports wagering offered as part of the Services are operated and controlled by Licensee (i) under an agreement with FR Park Racing, LP (“Freehold Raceway”), which holds a permit to conduct horse racing with pari-mutuel wagering and a sports wagering license each issued by the New Jersey Racing Commission (“NJRC”), and (ii) pursuant to the oversight, regulatory requirements, and licensing of the New Jersey Division of Gaming Enforcement (“NJDGE”, and together with the NJRC, the “New Jersey Gaming Authorities”) and the NJRC. Internet gaming offered as part of the Services are operated and controlled by Licensee (i) under an agreement with Resorts Digital Gaming, LLC (“Resorts”), which holds an internet gaming permit issued by the NJDGE, and (ii) pursuant to the oversight, regulatory requirements, and licensing of the NJDGE. Licensee (i) is further approved by the NJDGE (x) as an internet sports pool operator for Freehold Raceway and (y) an internet gaming affiliated operator of Resorts and, in connection therewith, (ii) holds a casino service industry enterprise license, sports wagering permit and internet gaming permit each of which was issued by the NJDGE. Your use of your Account for, and your ability to engage in, all Interactive Gaming activities (including sports wagering) outside the State of New Jersey will be or is subject to a separate state-specific terms of service agreement between you and the applicable state-licensed affiliates of the Company offering Barstool Sportsbook in the given jurisdiction. In accordance with the scope of this Agreement (and any other state-specific terms of service agreement which you have agreed to), you acknowledge and agree that you will and must be physically present in person in the State of New Jersey at all times while wagering on the Services (or in such other U.S. State or territory for which we may permit you to use the Services to engage in wagering pursuant to a separate state-specific terms of service agreement entered into with the applicable state-licensed affiliates of the Company). As used in this Agreement, “Applicable U.S. States” refers to the State of New Jersey and such other U.S. States or territories in which we and our applicable state-licensed affiliates have permitted you to use the Services for wagering. We are required to explicitly advise you that there are certain Federal and state prohibitions and restrictions regarding unlicensed Interactive Gaming. For example, it is a Federal offense for persons physically located outside the State of New Jersey to engage in internet gaming or online sports wagering in New Jersey internet gaming or internet sports pool operator, unless explicitly authorized by the NJDGE. Wagering on the Services may only be engaged in with our applicable state-licensed affiliate in the Applicable U.S. State where you are located at the time of wagering. The availability of an Account on our Services does not constitute an offer, solicitation, or invitation by us for the use of our Services for any wagering outside of the Applicable U.S. States. We further reserve the right, at any time without further notice to you and in our sole discretion, to limit the availability of the Services, restrict, suspend or terminate the Services in whole or in part, or to restrict, suspend or terminate your access to the Services. In addition, wagering on the Services will also be unavailable within the State of New Jersey where prohibited by the NJDGE or applicable law.
The following individuals are prohibited by law, regulation and/or this Agreement from opening an Account or otherwise using the Services (each a “Prohibited User”):
By entering into this Agreement, you certify that you are (i) fully able and competent to enter into this Agreement, and not a (ii) Prohibited User. You must, and you agree to, comply, at all times, with all applicable laws, statutes, and regulations in order to be eligible for the Services. 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.
ANYONE UNDER THE AGE OF 21 YEARS OLD FOUND TO BE USING THE SERVICES, AS WELL AS ANYONE WHO FACILITATES SOMEONE UNDER THE AGE OF 21 YEARS OLD USING THE SERVICES, MAY BE REPORTED TO LAW ENFORCEMENT AND MAY BE SUBJECT TO OTHER LEGAL PENALTIES. UNDERAGE GAMBLING IS A CRIMINAL OFFENSE AND ANYONE WHO FACILITATES GAMBLING BY A PERSON UNDER THE AGE OF 21 CAN BE A CRIMINAL OFFENSE AS WELL.
Users employed, associated or professionally connected with any sports team, league or governing body are prohibited by law, regulation and/or this Agreement from wagering on any event governed by the league(s) or sports governing body(ies) with which they are affiliated (“Insider Wagering”). Without limiting the generality of the foregoing prohibition, “Insider Wagering” includes – and Users are expressly prohibited from engaging in – any wagering that may undermine the integrity of wagering or the sports event that is the subject of the wager, including but not limited to the following:
By entering into this Agreement, you acknowledge and agree that you may not and will refrain from engaging in any Insider Wagering prohibited by law, regulation and/or this Agreement.
We reserve the right to verify your compliance with this eligibility and Insider Wagering requirements at any time. We may ask for information to verify your age and identity and can restrict or suspend your Account until your age and identity are confirmed. By signing up for an Account, you consent to our confirmation of your age and identity. In the event that you have violated any of these eligibility or Insider Wagering requirements (i), we may cancel any wager that you have placed in violation of these requirements; (ii), we shall not be obliged to pay any winnings which might otherwise have been payable in respect of any such wager; (iii) we shall be authorized to deduct any winnings that may have been deposited in your Account prior to determining your wager was in violation (or recover such improper winnings from you through any other lawful means); and (iv) we may refer the matter to the police, guardians, sports team, league, governing or any other appropriate regulatory authority.
Use of the Services to engage in any sports wagering is subject to the Barstool Sportsbook House Rules as in effect from time-to-time. Please carefully review the current Barstool Sportsbook House Rules, available by clicking here. By using the Services to engage in any sports wagering, you acknowledge that you it is your responsibility to review the Barstool Sportsbook House Rules, and you agree to be bound by, the terms of the Barstool Sportsbook House Rules.
The topics covered by the House Rules consist of, but are not limited to, the following:
We reserve the right to amend the Barstool Sportsbook House Rules from time-to-time to add new types of wagers, sporting activities, or for any other reason in our sole discretion, in each case subject only to compliance with applicable law and regulations governing the Barstool Sportsbook House Rules. Additions and revisions to the Barstool Sportsbook House Rules will be binding and effective immediately upon receipt of applicable regulatory approval or the posting of the as-amended Barstool Sportsbook House Rules, whichever is later, and any sports wagers accepted thereafter shall be governed by the as-amended Barstool Sportsbook House Rules. By continuing to use the Services to engage in any sports wagering, you acknowledge that you have read, and you agree to be bound by, the then-current terms of the Barstool Sportsbook House Rules.
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 or available sports bet, such as general, or sport specific rules, voiding and cancellation rules of sporting events and any interactive casino games, such as poker, that may be made available to you in the Services now or in the future). 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.
Please familiarize yourself with betting and gaming terminology, how the various bets and games are operated, and the specific rules and requirements applicable to any sports wager or interactive casino game you participate in. If you have any questions relating to the foregoing, please contact Customer Service. We cannot accept any responsibility if you place a bet in circumstances where you do not fully understand any of the terms involved or how the bet or game is operated.
In the event of any conflict or inconsistency between the terms and conditions comprising this Agreement, the more specific term or condition shall govern the more general term or condition. 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.
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.
By and when establishing your one and only Account, you must and hereby agree that you have:
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. Upon the creation of your Account, you will also be enrolled in the Company’s Loyalty Program, which offers patrons the ability to earn and/or redeem certain tier points, comps, or other benefits based on certain activities and criteria set forth in the official mychoice rules, which may be amended or supplemented from time-to-time by the Company in its sole discretion. Customers enrolled in the Loyalty Program may use www.mychoice.com or sign up for the mychoice mobile application to manage their participation in the Loyalty Program (or such other websites or applications as the Company may make available for the Loyalty Program from time-to-time).
After you have accepted this Agreement as part of the Account creation, you can revisit and access the terms and conditions by visiting www.barstoolsportsbook.com/terms-and-conditions or by viewing them on the Barstool Sportsbook mobile application.
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:
Please note that CASH CANNOT BE ACCEPTED BY MAIL. All deposits are subject to the rules, requirements and terms of service of the applicable financial institutions or service providers and you are solely responsible for compliance with such rules, requirements and terms of service, including any 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, dispute, cancel, or in any way attempt to prevent us from receiving or retaining 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) minimum and maximum deposit requirements, (ii) hold periods before the deposit is posted to your Account; and (iii) additional requirements. Such requirements and deposit instructions are available and kept current here or you can contact Customer Service. 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, may temporarily block your Account for investigation of fraud, or suspend your Account, 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.
All promotions, bonuses, free play, 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 funds or free play credited to your Account are non-transferable, non-exchangeable, and must be used in adherence with this Agreement and the applicable terms and conditions, including the dispute resolution provisions contained in this Agreement. By accepting a promotion, bonus, free play or special offer available on the Services, you consent to the terms and conditions of such promotion, bonus, free play or special offer. We reserve the right to withdraw any promotion, bonus, free play or special offer at any time. Bonus funds or free play credited to your Account are not convertible to cash and any winnings derived from wagering with bonus funds or free play are only converted to cash after satisfying a one-time play through for online sports wagering, twenty-five times play through for online table games, and five-times play through for online slots, except to the extent otherwise provided in the express terms and conditions of the applicable promotion, bonus, free play or special offer or communicated in writing at the time of the applicable promotion, bonus, free play or special offer is awarded. Any bonus funds and free play credited to your Account that have not been converted to cash are forfeited upon the closing of your Account (whether such closure is voluntary or involuntary) and upon the occurrence (or omission) of such other circumstances as may be identified in the terms and conditions of a specific promotion, bonus, free play, or special offers. In certain circumstances subject to applicable law and regulations, we may have discretion to issue certain eligible Account Holders a limited amount of discretionary bonus funds or free play. The availability of any such discretionary bonus funds or free play or any other promotion, bonus, free play or special offer available on the Services is hereby expressly subject to our sole discretion. In instances where a promotion, bonus, free play or special offer is in conflict with the approved House Rules, the terms of the promotion, bonus, free play or special offer shall prevail. Applicable terms and conditions for promotions, bonuses, free play or special offers may also be requested from Customer Service.
Wagering on the Services is limited under applicable law to Account Holders who are physically located in the Applicable U.S. States at the time they are using the Services. Additional geographic restrictions may apply within the Applicable U.S. States. 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 New Jersey Gaming Authorities 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 on the Services via the website or mobile application. Account Holders may not wager in excess of (i) the balance in their Account, (ii) personal limits set by the Account Holder, or (iii) any limits imposed by the Company, in our sole discretion, on the specific wager or Account Holder, whichever is the lowest limit. All wagered funds are withdrawn from your Account at the time you place the wager.
We reserve the right, at our discretion and without prior notice to you, to cancel or reject any individual wagering transaction prior to completing the wagering transaction and/or discontinue, deny, or alter the Services offered without creating any obligation or liability to you. Upon completing a wagering instruction, we further reserve the right, at our discretion and without prior notice to you but subject to any applicable approvals from NJDGE, to cancel or reject (i) a completed internet game wager if the cancellation is necessary to resolve a game error or malfunction or for “obvious error”, (ii) a completed sports wager for “obvious error” (defined in Section 10 below), and (iii) any other completed wager as may be required or permitted by the NJDGE under the applicable law and the NJDGE’s regulations. 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 the prices or odds available for the same or similar sports wagers across the Services at different times and in different jurisdictions may not be the same and that affiliates or business partners of the Company may also offer the same or similar sports wagers in other sportsbooks in the same or different jurisdictions at different prices or odds. We expressly disclaim any representation or warranty about whether different prices or odds may be available on the same or similar sports wagers and you further agree that the Company has no liability if more favorable prices or odds were available or become available on the same or similar wager than the price or odd you accepted at the time of placing the sports wager.
In addition, you agree that you shall not utilize automated computerized software or other equivalent mechanisms, such as “bots,” to wager or otherwise use the Services.
You agree to inform us as soon as you become aware of any Errors and Obvious 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, payout, or excess deposit into your Account (“Error”), the Company will seek to place all parties directly affected in the position they were in before the Error occurred. In the event of any technical or system problems or human error that results in the price of a sports wager that is materially different from those available in the general betting market at the time the bet was made or clearly incorrect given the chance of the event occurring at the time the bet was made (“Obvious Error”), the Company will seek to place all parties directly affected in the position they were in before the Obvious Error occurred or settle any affected sports wagers at the correct price as reasonably determined by the Company. Subject to compliance with applicable laws and regulations regarding completed wagering transactions, we reserve the right to declare null and void any wagers that were subject of such Error or Obvious 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 or wagering, you will be required to log back into your Account to resume, 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 specific game rules or house rules and these generally applicable terms, the specific game rules or house rules shall govern.
To the extent that “live” statistics is available on the Services, all “live” statistics and other information provided through the Services and related information sources are unofficial. Live sports statistics and their respective components are offered in good faith for informational and/or entertainment purposes only and are not used to determine the results of any games or wagers. However, the Company cannot make any representations of any kind with respect to any such information and cannot accept liability for any errors or omissions in respect of any information, such as the posting of prices, runners, times, scores, results or general statistics.
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 or event manipulation, system manipulation, payment fraud (including use of stolen credit cards, credit card chargebacks or dispute or other payment reversals), betting on all possible outcomes, concealing your physical location, multi-accounting, unauthorized account usage, proxy betting, 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, then 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 any or all previously accepted wagers that remain unsettled (any stakes for unsettled wagers voided by us will be credited to your Account), void and withhold any player ratings or loyalty points (including, without limitation, myChoice Points or any other reward point program utilized), and/or recover winnings or debts from such activities using whichever method may lawfully be available to the Company. Furthermore, we may, in our sole discretion, invalidate any head-to-head wager between two or more Users for the purposes of preventing collusion, abusive and/or any unfair or potentially unlawful activity, or in the event that there is a risk of any such abusive, illegal, or unfair activity. In addition, we reserve the right to report such activity to the NJDGE or applicable law enforcement 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.
Withdrawals may not be made into financial accounts that are in the name of someone other than the Account Holder. 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:
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; unless we believe, in good faith that you engaged in fraudulent conduct or conduct that puts us in violation of applicable law or regulation.. 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 or you can contact Customer Service. 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.
Sports wagers are reviewed and graded based on the final statistics and scoring results at the completion of the last sports event subject to the wager. Once the wagers and the sports event subject to the wager are reviewed and graded, all cleared winnings are credited to your Account. The results of any wager may not be changed after it is reviewed and graded regardless of any official statistics or scoring adjustments made by the leagues at later times or dates, except in our sole discretion.
Any questions relating to a bet must be raised no later than thirty (30) days after the last sports event subject to the wager. We cannot guarantee that we will be able to address your question if it is not raised within this time.
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 HISTORY” link.
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. In the event of any technical, system or human error resulting in insufficient withholdings from any winnings, we may deduct the relevant outstanding amount from funds in your Account or recover the relevant outstanding amount from you through any other lawful means. 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 hereby explicitly consent to the Company performing background checks (including but not limited to credit checks and/or review of your social media sites) on you for any reason related toyour use of the Services, including (without limitation) in circumstances when you have won a jackpot or other prize that is subject to withholding for child support arrears under applicable law. The Company shall not be under any further obligation to advise you of any such background check. Such background checks may also include the use of third-party companies who perform the investigation as required. The Company may decide, in its sole discretion, to block your Account and/or restrict funds in your Account on the basis of such background check.
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.
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 Interactive Gaming in the Applicable U.S. States (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 of your Account and will need to re-enter your username and password to resume using 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. You are solely responsible for configuring access to and logging out of your computer, mobile device, tablet, or other technology through which you access the Services. 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 provide additional Account information or may be required to contact Customer Service. For your protection, do not disclose your username, password, or any Account information 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). We recommend that you disable any automatic password memory in your browser prior to using the Services to limit the risk to you of unauthorized use of your Account. The Company and its Affiliated Parties (as defined in Section 24) are not liable for any loss or damage arising from your failure to secure your Account or to otherwise comply with this Section.
Account Holders may change or reset their password by logging into their Account or by calling Customer Service and verifying their identity. Visit our Responsible Gaming & Player Protection Page for more information.
Simply deleting the mobile application on your mobile device will not close your Account. Instead, you may close your Account by contacting the Company’s Customer Service (*see *Section 32) and any funds remaining in an Account when you close your Account will be remitted to you. In the event an Account Holder is deceased, the Account will be closed and cash 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 cash funds remaining on deposit and any pending wagers shall be treated as provided by applicable regulations, which may include reporting the cash funds as abandoned and remitting some or all of the funds to the New Jersey Department of the Treasury, Unclaimed Property Administration, the State General Fund 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, (i) if you violate any term of this Agreement, (ii) if you file for bankruptcy or have a negative balance in your Account, (iii) upon a determination that you are a Prohibited User, (iv) at the request or direction of the NJDGE, (v) upon reasonable evidence or indication that you have engaged in illegal activity or (vi) as otherwise may be required by state or federal law. A suspended Account may not be closed and funds may not be withdrawn from a suspended Account except in our sole discretion.
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 and no more than thirty (30) days, or exclude themselves from establishing or maintaining an Account on the Services. To request registration on the NJDGE’s self-exclusion list, an individual must submit an application either in person with the NJDGE or NJRC or apply for registration on the NJDGE’s website or on the Services (as applicable). A person who has enrolled in 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 Accounts suspended upon violation.
Additional information on the NJDGE’s responsible gaming and Self Exclusion Program is available on the websites for the NJDGE and its Self-Exclusion Program, including an online registration, FAQs, Self-Exclusion Program Brochure, and additional resources.
You can also visit the website for the National Council on Problem Gambling, Council on Compulsive Gambling of NJ, Inc., International Center for Responsible Gaming, or Gamblers Anonymous for additional resources.
Visit our Responsible Gaming & Player Protection Page for more information.
If you enroll in self-exclusion from all Interactive Wagering, your Account will remain deactivated unless you contact us by telephone to request the reactivation of your Account after you are removed from the interactive gaming self-exclusion list. No other method of contact will re-activate your Account and we reserve the right to deny a reactivation request for any reason. Once we receive your initial reactivation request, there will be a 24 hour waiting period during which our compliance and operations team will confirm you are no longer excluded from gambling After this 24 hours has passed, you will be contacted with the results of the review and will be informed as to whether your account will be reactivated or not. Enrolling in interactive gaming self-exclusion may also result in your exclusion from interactive gaming, any casino or racetrack facility now or in the future operated by, and/or any other products or services now or in the future offered by us (including affiliates), regardless of location. For a list of physical facilities now operated by our affiliates, please visit Penn National Gaming, Inc.’s website.
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.
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.
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:
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.
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 24) 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 22, 23, 24, 25, 26, and 29 and any provision(s) of this Agreement that expressly or by implication remains in effect following the termination of this Agreement, including any limitation of liability, shall survive any termination of this Agreement.
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 24) 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 24) 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.
The Services may include an opportunity to license a variety of virtual items, such as, achievements, aesthetic enhancements, betting content, betting tips, video content, audio content, 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.
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 (INCLUDING BARSTOOL SPORTS, INC.) (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.
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.
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 Applicable U.S. States. 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 firstname.lastname@example.org 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 26(iv)(5) and the Severability clause in Section 26(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 (but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim), 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 judicial 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.
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 26(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 26(d)(v) is limited, voided or found unenforceable and that determination becomes final after all appeals have been exhausted, then this arbitration provision (except for this sentence) shall be null and void with respect to such proceeding. 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 26(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: 825 Berkshire Boulevard, Suite 200, Wyomissing, PA 19610, ATTN: Barstool Sportsbook. 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 or any other agreement between you and the Company (or its affiliates).
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.
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.
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.”
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.
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, epidemics, pandemics, acts of God, or any other causes beyond the Company’s control whether or not similar to the foregoing.
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: 1-877-449-0489
You may also contact the NJDGE with any comments or complaints via email at email@example.com or by calling (609) 984-0909 and additional contact information is available at https://www.njoag.gov/contact-dge/.