Footer: Terms & Conditions

Terms of Service: Last Updated June 29, 2020

Welcome to play.windcreekcasino.com. We offer a range of fun and exciting online gaming and wagering opportunities. This Terms of Service Agreement including those additional terms and conditions and policies referenced herein and/or available by hyperlinks (collectively, the “Agreement”) governs our operation and offering of, and your access to and use of, our online casino. Please read it carefully.

1. INTRODUCTION

The Pennsylvania Gaming Control Board ( “PGCB”) has issued Wind Creek Bethlehem, LLC (“Wind Creek” or “we” or “us”) an interactive gaming certificate which authorizes Wind Creek to conduct interactive gaming activities, including real money gaming and interactive sports wagering, with eligible individuals physically located in the Commonwealth of Pennsylvania, via the website play.windcreekcasino.com or a mobile application or any other approved technology (collectively, the “Sites”). The “Sites” shall include all related web pages, interactive features, applications, widgets, blogs, call center, and mobile applications, and their respective contents, software, games and other offerings, whether accessed via computer, mobile device, or other technology and whether available to you now or in the future, and as may be modified.

You will be required to establish an interactive gaming account (“Account”) in order to participate in the online gaming activities offered by Wind Creek on the Sites.

THIS AGREEMENT IS A BINDING AGREEMENT BETWEEN YOU (“YOU” OR “PLAYER”) AND WIND CREEK WHICH SETS FORTH THE TERMS AND CONDITIONS REGARDING WIND CREEK’S OPERATION AND OFFERING OF, AND YOUR ACCESS TO AND USE OF THE SITES AND YOUR ACCOUNT, AND YOUR ABILITY TO ENGAGE IN ONLINE GAMING, INTERACTIVE SPORTS WAGERING, AND OTHER ACTIVITIES WITHIN THE SITES (COLLECTIVELY, THE “SERVICES”). THEREFORE, READ THIS AGREEMENT CAREFULLY AND IN ITS ENTIRETY PRIOR TO YOUR USE OF THE SERVICES.

2. ACKNOWLEDGEMENT AND ACCEPTANCE OF AGREEMENT AND OTHER TERMS AND CONDITIONS REFERENCED IN THE AGREEMENT

BY ACCESSING OR USING ANY OF THE SERVICES IN ANY MANNER (WHETHER AUTOMATED OR OTHERWISE), YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 21 YEARS OF AGE OR OLDER AND SATISFY THE OTHER ELIGIBILITY CONDITIONS AND CRITERIA OF THIS AGREEMENT; (C) ACCEPT THIS AGREEMENT AND AGREE TO ALL OF ITS TERMS AND CONDITIONS AS WELL AS THOSE OF THE ADDITIONAL RULES AND POLICIES REFERENCED IN THIS AGREEMENT, ALL OF WHICH ARE CONSIDERED A PART OF THIS AGREEMENT; AND (D) AGREE AND UNDERSTAND THAT YOU ARE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND OF SUCH ADDITIONAL RULES AND POLICIES.

You understand and agree that we are unable to provide you with any legal advice or assurances, and we make no representation or warranty, in respect of the legality of your use of the Services. You are solely responsible for, and represent, warrant and confirm that your registration with, and use and continued use of the Services will comply with all applicable laws and regulations. Please consult your own legal counsel if you have any questions about the legality of your use of the Services.

IF YOU DO NOT AGREE TO ANY OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT YOU MAY NOT ACCESS, DOWNLOAD, INSTALL OR OTHERWISE USE THE SERVICES. IF DOWNLOADED OR INSTALLED YOU MUST DELETE THE DOWNLOADS AND/OR UNINSTALL.

You may request a copy of this Agreement by emailing us at support@play.windcreekcasino.com.

3. MODIFICATIONS TO AGREEMENT

WE RESERVE THE RIGHT AT ANY TIME TO UPDATE, MODIFY OR CHANGE THIS AGREEMENT AND THE POLICIES AND TERMS AND CONDITIONS SET FORTH OR REFERRED TO HEREIN. SUCH CHANGES WILL BE EFFECTIVE WHEN POSTED (UNLESS WE EXPRESSLY STATE A LATER EFFECTIVE DATE). ANY CHANGES MADE TO THIS AGREEMENT WILL APPLY ONLY PROSPECTIVELY. CONTINUING TO USE THE SERVICES AFTER WE POST ANY MODIFICATION IS DEEMED ACCEPTANCE OF THE MODIFICATION.

THE AVAILABILITY OF THE SERVICES AND YOUR ACCOUNT ARE SUBJECT, AT ALL TIMES, TO APPLICABLE LAW AND REGULATIONS IN EFFECT AT THE TIME.

4. IMPORTANT NOTICE REGARDING DISPUTE RESOLUTION:

This Agreement contains provisions that govern how claims you and we have against each other are resolved (see Section 24 below), including an obligation to, subject to limited exceptions, submit claims you have against us to binding arbitration and to waive class action rights.

5. WHO ARE WE?

Wind Creek is a Pennsylvania limited liability corporation, which is licensed by the PGCB to own and operate the Wind Creek Bethlehem Casino. It is also the holder of an interactive gaming certificate issued by the PGCB pursuant to and in accordance Act 42 of 2017 (the “Act”) and the related regulations, including but not limited to Title 58, Part VII, Subpart L (the “Regulations”), which permits Wind Creek to offer the Services. Wind Creek is operating the Sites, is the holder of the domain name for the Sites, and is performing the Services pursuant to the authority granted by such certificate and in accordance with the requirements of such certificate, the Act, the Regulations, and all applicable laws and regulations, including federal regulations. Your use of the Services is also subject to all such requirements.

In order to provide the Services, Wind Creek has entered into agreements with third party licensors of intellectual property including game content (for example) as well as third party service providers who are providing services in connection with the Services (third party licensors and third party service providers and their third party licensors and service providers shall sometimes be collectively referred to as “Third Party Providers” unless otherwise separately defined). You may be required to enter into agreements with certain of the Third Party Providers in order to utilize the Services.

One such Third Party Provider is Pala Interactive LLC (“Pala”). Pala provides services, software and hardware to Wind Creek relating to patron account management, game content and other matters in connection with the Services. Pala also utelizes licensed software of its Third Party Providers in connection with the Services, including game content and game-related software, and you will be bound by its terms and agree to sign any required agreements if requested. Pala is licensed by the PGCB and is subject to the requirements of such license as well as all applicable laws and regulations. Another such Third Party Provider is Betfred Sports (Pennsylvania) LLC (“Betfred”). Betfred provides certain services and, through its service providers, software and hardware to Wind Creek relating to sports wagering operations. Betfred will also utilize licensed software of its Third Party Providers in connection with the Services, including sports betting markets and sports betting related software, and you will be bound by its terms and agree to sign any required agreements, if requested. Betfred is licensed by the PGCB and is subject to the requirements of such license as well as all applicable laws and regulations.

The provisions of this Agreement are entirely subject to all applicable federal and Commonwealth of Pennsylvania laws and regulations and the requirements of the licenses or other authorizations issued by the PGCB to Wind Creek, Pala, other Third Party Providers and Payment Providers (later defined).

6. ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED AND CONSIDERED A PART OF THIS AGREEMENT ABOVE AND YOUR RELATIONSHIP WITH WIND CREEK AND THE SITES AND SERVICES

By visiting the Sites and/or by registering and/or using the Services, you understand and agree to also be bound by the following, all of which may be changed or modified at any time:

Our Privacy Policy
Our Responsible Gaming Policy
Additional posted rules, requirements or policies relating to the Services that may change from time to time (for example: house rules or special rules for each wagering game, rules/policies relating to special offers or special features, those relating to deposits and withdrawals).

7. PRE-REQUISITES TO ACCOUNT OPENING

7.1 21 or Older. You must be at least 21 to open an Account or utilize or participate in the Services, and it is a criminal offense for anyone under 21 to do so. Additionally, ANYONE WHO FACILITATES GAMBLING BY A PERSON UNDER THE AGE OF 21 HAS COMMITTED A CRIMINAL OFFENSE AND SHALL BE PROHIBITED FROM INTERACTIVE GAMING. In accordance with 58 Pa.C.S. §§ 812.2 and 1408.3(b)(4), we must authenticate that you meet certain age, identity and other eligibility requirements before we can permit you to register and open an Account. We may ask for information to verify your age and identity such as, not by way of limitation, name, address, date of birth, passport information and/or social security number. We can deny opening an Account for you until your age and identity is confirmed, or exclude you permanently from opening Account if after verification we suspect you do not meet the age, identity and other eligibility requirements. By commencing the process to register for an Account, you consent to our confirmation of your age, identity and other eligibility requirements as described above in this Section 7.1 before Account opening and conform to at any time after an Account is opened.

7.2 Your verifications, representations and warranties and agreements. You verify, represent warrant and acknowledge that:

You know the legal age for interactive gaming is 21 years of age, and you are at least 21 years of age.
You are not all of the following: (i) a holder of a license, permit or registration issued by the Pennsylvania Gaming Control Board; (2) currently employed by or are a principal of Wind Creek Bethlehem LLC or PCI Gaming Authority d/b/a Wind Creek Hospitality; and (3) in a position with job duties including interactive gaming.
You have provided the required personal data about you, including legal name, date of birth, last four digits of your social security number, physical address, email address and telephone number and such information is accurate, and agree to inform us of any changes in such details.
You are not self-excluded under 4 Pa.C.S. § 1516, and you are not required to be excluded or ejected or denied access under 4 Pa.C.S. § 1514 and § 1515.
As it relates to interactive sports wagering, you are not a collegiate or professional athlete, referee, official, coach, manager, handler or athletic trainer, or employee or contractor of a team or athletic organization who has access to non-public information concerning an athlete or team engaging in sports wagering on an athletic event or the performance of an individual in an athletic event in the sport or league in which you participate or are otherwise involved.
You are not otherwise prohibited for any reason from betting with us or from using the Services or the Sites including but not limited to the reasons set forth herein.
You understand that neither your Account nor the benefit thereof may be transferred to a third party and nor will you acquire or attempt to acquire an Account which has been opened in the name of a third party.
The Account is being opened solely for your personal use and will be used only for such reasons.
You are prohibited from allowing any other person to access or use your Account.
You are acting as a principal and not as an agent on behalf of a third party.
You are entirely responsible for complying with, and will comply with all applicable laws, statutes and regulations including but not limited to the Act and the Regulations and you will not wager with us unless you are in the Commonwealth of Pennsylvania.
You are legally capable of entering into binding contracts, including this Agreement.

7.3 After Opening. We reserve the right to suspend or cancel your Account and exclude you, temporarily or permanently, from using the Services and the Sites if after the opening of your Account, we have reason to believe that you do not fulfill one or more of the eligibility criteria listed above or elsewhere in this Agreement or otherwise required under applicable law for use of the Services and Site, or otherwise breach this Agreement. We can also take the actions listed in other provisions of this Agreement, including Section 15.

7.4 Our Additional Discretion. We can decline, in our sole discretion, your request for us to open an Account for any reason, or we can decide to permit the Account to open, but can impose limits on certain features or materials offered or restrict your access to certain features or materials without notice or liability, which can be placed when an account is opened or at any time after opening.

8. LOCATION REQUIREMENTS.

8.1. Location of Interactive Gaming Offerings. All interactive gaming offerings available to you via the Services and Sites occur in Pennsylvania, where the principal servers accessed for purposes of operating the Services are located.

8.2. Your Location. You may only participate in interactive wagering if you are physically present in the Commonwealth of Pennsylvania.

8.3. Consent to Geolocation Activities. By using the Services and Sites, you consent to the collection, storage, processing and transmission of data to establish your physical location when accessing the Services and to the verification of your location during the duration of your play. You may withdraw this consent (opt out) by emailing support@play.windcreekcasino.com. It may take us a few days to process your opt out. In the event you opt out, you will not be able to access the Services or the Sites.

8.4 Federal Prohibitions. There are various federal prohibitions and limitations upon interactive/internet gaming, specifically those contained in 18 U.S.C.A § 1084 (The Wire Act) and 31 U.S.C.A §§ 5361 through 5367(Unlawful Internet Gambling Enforcement Act of 2006).

You acknowledge and agree that it is a Federal offense for persons physically located outside the Commonwealth of Pennsylvania to engage in interactive wagering through a PCGB interactive certificate holder such as Wind Creek, unless explicitly authorized by the PGCB and, therefore, it is prohibited for you to attempt to engage in interactive wagering on our Sites if you are not physically present in the Commonwealth of Pennsylvania.
In the event that we detect that you are attempting to engage in interactive wagering through the Services or Sites while not being physically present in the Commonwealth of Pennsylvania, we will, among all other actions permitted under law and this Agreement, block your access to the Services and Sites immediately upon such detection regardless of the status of any game play. Neither Wind Creek nor any Third Party Provider shall be liable for any loss incurred by you as a result of any disconnection from the Services as a result of you not being physically located in the Commonwealth of Pennsylvania.

9. OUR ACCEPTANCE/OPENING AN ACCOUNT

9.1 Your additional representations and acknowledgements. In consideration of our accepting your application to establish an Account, you represent and acknowledge the following, and we may rely on these representations as follows:

You have read and agree to abide by all of the terms in this Agreement including the other representations you make in this Agreement.
You are not an Excluded Person.
You are twenty-one (21) years of age or over, of sound mind and capable of taking responsibility for your own actions, and you can enter into a legally binding agreement with us.
You have provided accurate Account opening information. That information describes you, and you are not impersonating another person.
You will not allow any other person to access or use your Account, and you may not sell, share or otherwise transfer your Account information.
You will refrain from wagering on the Sites unless you are physically present in the Commonwealth of Pennsylvania.
You consent to the jurisdiction of the Commonwealth of Pennsylvania to resolve any disputes arising out of your use of the Services and the Sites.
You will not deliberately or otherwise, transfer money from one (1) Account to another.
You consent to the monitoring and recording by us and the PGCB of any wagering communications and geographic location information.
You are solely responsible for recording, reporting, paying, and accounting for any tax that may be payable on any winnings to any relevant governmental or taxation authority.
You are solely responsible for the acquisition, supply and maintenance of all of the computer equipment, and telecommunications networks, and Internet access services, and of all other consents and permissions that you need to use in order to access our Services.

9.2. Updates. Wind Creek must be updated regarding any changes in personal information previously provided. You understand that failure to do so may result in wagers being declined or incorrectly recorded or payments being declined or issued incorrectly. Account personal information can be updated on the Sites, by Live Chat, or by email to support@play.windcreekcasino.com, provided that certain key data may not be available for amendment, such as your social security number.

9.3 Identity Matching. Wind Creek also reserves the right to suspend or close any Account and cancel any associated wagers if the Account holder and the owner of the funding instrument are not the same.

9.4 Wind Creek, Pala, and Betfred Employee Prohibition. Additionally, the following individuals may not open an Account or use the Services including but not limited to participation in any promotions with the exception of employees who may participate for quality assurance purposes:

Employees and Principals of Wind Creek and its affiliates including but not limited to PCI Gaming Authority, who hold a license, permit or registration issued by the Pennsylvania Gaming Control Board and are in a position with job duties including interactive gaming.
Marketing Department employee’s immediate family members or members of the Marketing Department employee’s immediate households (immediate family members are mother, father, siblings, spouse or children).
PCI Gaming Authority Directors and above; their immediate family members; and members of their immediate households (immediate family members are mother, father, siblings, spouse or children).
Participating Third Party Providers as set forth herein and their directors and officers and any employee or consultant of such Third Party Provider involved in the provision of the Services.
Neither a Tribal Council member, PCI Gaming Board member, Tribal Gaming Commissioner, nor their respective immediate family members and adults living in the household.
As it relates to interactive sports wagering Services, employees of Betfred and its affiliates, and employees of Wind Creek and its affiliates whose job duties include sports wagering.

10. SECURITY AND YOUR ACCOUNT

10.1 Registration Information. Even after an Account is established, in order to access certain features or areas of the Services, you may be required to provide personal or other information, including, as one example, as part of another required sign-up, registration or log-in process for a promotion or special feature. As with opening of the Account, you must provide full, truthful, accurate, current and complete information in respect of all details and information as required by the applicable sign-up, registration or log-in process.. You agree to update details in the event of any change thereto in order to enable us to maintain current account information about you.

10.2 Login Credentials. Registration and log in procedures require you to use certain credentials which may include a player name, password, authentication information or other security information that is selected by you or assigned to you (such credentials referred to as the “Login Credentials”). You are required to select Login Credentials in accordance with the rules presented to you at the time of such selection or any reset of your Login Credentials. You are permitted to change your Login Credentials, including but not limited to your password. See below for further information regarding passwords

10.3 Strong Authentication/Player Protection Page. You have the option of enabling strong authentication. When you enable strong authentication, upon login, you will be prompted to answer two security questions in addition to being prompted to enter your password, the Player Protection Page provides account security tools and information, such as a description of what strong authentication is and how a player may enable it. It also includes responsible gaming information, links to resources as required by PGCB and a description of the tools’ players can employ to limit play and also the process to self-exclude.

10.4 Confidentiality of Login Credentials. You agree to keep your Login Credentials secret and confidential at all times and to use every effort to protect their secrecy and confidentiality. You are responsible for maintaining the security and confidentiality of your Account. You are prohibited from sharing any of your Login Credentials with any other person or otherwise permitting or enabling anyone to access your Account or the Services via your Account in any manner, including, without limitation, for anyone to place wagers on your behalf. To retrieve a forgotten password, you can click on the “Forgot Password” link on the login page. When you click on the link, you will be asked to insert your email address. You will be emailed a link that will direct you to change password page. Upon changing the password, you will be directly logged in.

10.5 Password Reset. After three consecutive incorrect account login attempts, your account will be locked until you either reset your password or contact Guest support team by Live Chat, or by email to support@play.windcreekcasino.com for further assistance. However, you may bypass the lockdown period by resetting your password as specified in Section 10.4.

10.6 Responsibility for Account Activity. You are solely responsible for all activity occurring when the Services are accessed through your Account, whether authorized by you or not. As stated, you may change your Login Credentials. That includes changing your password, which we recommend you do on a regular basis. As also stated, you have the option of enabling strong authentication. Any use of your Login Credentials shall be deemed to be your use hereunder, and any liability arising therefrom shall be your sole responsibility. Provided that we have been correctly supplied with the Account information requested, we are entitled to assume that wagering activity and payments are made by you. You are fully responsible for and agree to indemnify us and hold us harmless against any costs, claims, damages and expenses arising in connection with the use of, or access to, your Account by any third party.

10.7 One Account Only. A Player may only have one Account and shall only use the Services and Sites with that one Account. You are not permitted to open multiple Accounts. Wind Creek reserves the right to close down any duplicate Accounts and to cancel any wagers on duplicate Accounts. Wind Creek also has the right to restrict, limit or cancel all of your Accounts, and not permit re-opening of them or the establishment of a new Account, either temporarily or permanently.

10.8 Voluntary Account Closure. To close an online gaming account, the registered account holder must contact the Guest support team by Live Chat or by email to support@play.windcreekcasino.com. The Community Manager will then verify the reason the player wishes to close their account as well as the holder’s security answers. It can take approximately 48 hours, and sometimes longer, for the Account to close. A confirmation email will automatically be sent to the player. If a previously registered holder of an Account requests their closed account to be re-opened, the player should contact the Play.windcreekcasino.com team by Live Chat, or by email to support@play.windcreekcasino.com. A member of the support team will advise the player that the Account may be re-opened if certain verifications occur and will commence the verification process. In most cases the player will need to answer security questions, upload identification information and provide information as to the reason for closure. The request will be reviewed, and a decision made and communicated to the player within 48 hours. A confirmation email will automatically be sent to the player once (or if) the account is re-opened.

10.9 Authority. Wind Creek and the PGCB retain authority over the issuing, maintenance, and closing of your Account and you agree that any dispute related thereto shall be addressed in accordance with our procedures and regulations of the PGCB and this Agreement.

11. DEPOSITS AND INACTIVE ACCOUNTS

11.1 Deposits –Representations. Before you can place a wager for money on the Sites you must deposit funds into your Account. All funds in Accounts are held in a separate non set-off account in the name of Wind Creek. Funds deposited via a third party payment provider (“Payment Provider”) may take a few days to clear before they appear in your Account, during which time they will be held in the account of the relevant Payment Provider. In connection with making a deposit, you represent that:

All money that you deposit in your Account originates from a payment source of which you are the legal owner.
All money that you deposit in your Account is free from and unconnected to any illegality and, in particular, does not originate from any illegal activity or source
All payments made into your Account are authorized and you will not attempt to make a chargeback, denial or reversal of a payment made into your Account or take any action which will cause such a payment to be denied or reversed by a third party in order to avoid any legitimate liability.
You understand you are fully responsible for paying all monies owed to Wind Creek. You acknowledge that all transactions may be checked for the detection of money laundering and that any transactions made by you that we deem suspicious may be reported to the appropriate authorities.

11.2 No Extension of Credit/No Negative Balance/No Interest. You will not be able to place any wagers using the Services in an amount greater than the total amount of money in your Account. Additionally, funds in your Account do not accrue interest. We are prohibited from extending credit to you for use in interactive gaming and will not extend such credit to you. We also are prohibited from allowing the deposit of funds into your Account that are derived from the extension of credit by our affiliates or agents and will not permit such deposits. You represent you will not deposit or attempt to deposit such funds into your Account.

11.3 Deposit Methods Generally. Deposits to your Account can be made using several different and convenient payment methods, some of which are through a Payment Provider. Wind Creek and/or the Payment Provider on Wind Creek’s behalf reserve the right to run credit and/or age and identity checks on you either itself or through a third party provider (“Third Party Provider”) of such services using the information you provided to us in order to register for your Account or any time thereafter. A Payment Provider or Third Party Provider of such services may retain a record of such information. The current methods are displayed on our Site and may change from time to time without notice to you. See Deposit and Withdrawal Methods accepted by clicking HERE. In order to load funds to your Account using a Payment Provider, the Payment Provider may require you to agree to its terms and conditions. The Payment Provider is solely responsible for its payment service, and we are not liable for any acts or omissions of the Payment Provider in connection with the services being provided to you.

11.4 If there is a Chargeback. You are fully responsible for paying all monies owed to Wind Creek. If there is a chargeback, denial or reversal despite your representations in Section 11.1 you will reimburse Wind Creek for any such chargebacks, denial or reversal of payments and any loss suffered by us as a consequence. It will be considered to be a debt to Wind Creek and we can offset any funds already in your Account to pay such debt. If there is not enough money in your Account to pay the debt at the time it is owed we can offset it at a later time when there is enough money in the Account. In the event of chargeback, denial or reversal you agree that we may provide any Payment Provider with information relating to you necessary to resolve the chargeback

11.5 Chargeback Fees. Each credit card chargeback transaction that you initiate will be assessed a $5.00 fee, which may be increased at any time, applicable against any available cash balance in your Account at the time such fee is assessed. Any credit card chargeback that you initiate requiring pre-arbitration proceedings will further be assessed a $500.00 fee, applicable against any available cash balance in your Account at the time such fee is assessed.

11.6 Account Information. You consent and acknowledge that in addition to its other resources, any Payment Provider and those providing services to it in connection with your Account will utilize information provided to us by you when you opened your Account and at any time thereafter in connection with your Account, and may retain a record of such information. See “Privacy Policy”.

11.7 Segregation of Funds. You further acknowledge and agree that an amount equivalent to the monies deposited by you in your active Account are held by us separately, together with monies equivalent to other active Accounts, in a Commonwealth of Pennsylvania trust bank account in our name on your behalf, independent from all of our other operating accounts of Wind Creek.

11.8 Dormant Accounts. You acknowledge and agree that, if your Account is “active” (i.e. you have logged into your Account at any time during the prior consecutive 12-month period), monies deposited by you in your Account will continue to be held in a trust account on your behalf and are considered to be your deposits. However, in the event that you have not logged into your Account for a consecutive 12-month period, your Account will be considered “dormant”. Notice will be sent to the registered email address that your casino account is now dormant, and any remaining account balance will be forfeited unless you login to your account within the next 60 days. If an Account remains dormant, the funds in such Account may become subject to forfeiture in accordance with the Act and Regulations. These funds would then become unclaimed property with the PA Treasury. Patron may go to https://www.patreasury.gov/unclaimed-property/ to obtain information on claiming their property. Subject to the terms and conditions of this Agreement (including your compliance herewith), you will be entitled to re-activate your Account by contacting our Guest service team at service@play.windcreekcasino.com and authenticating yourself as the owner of that Account to our satisfaction, however, any balance previously forfeited will not be returned.

12. ACCOUNT WITHDRAWAL

12.1. General Statement. We have a number of procedures to follow and verifications that must occur in connection with a withdrawal request before the funds in your account can be released. For example, some transactions will require either us, a Third Party Provider on our behalf, or a Payment Provider to verify your age and identity. These procedures and verifications are part of our ongoing commitment to maintaining the security of our Guests’ funds. You may make a withdrawal only from your own account. In order for you to make a withdrawal from your account, it must have a cash balance that can be withdrawn and not solely Bonus funds.

12.2 Methods. Withdrawals from your Account can be obtained through various methods. New methods may be added, and certain current methods may be eliminated, at our discretion. See Deposit and Withdrawal Methods accepted by clicking HERE.

12.3 Additional Criteria. We reserve the right to establish and apply additional eligibility criteria to determine the withdrawal options available to you at any given time.

12.4 Timing. When you wish to make a withdrawal from your Account, we will make payment as soon as reasonably possible, subject to our standard internal processing time and that of the Payment Provider if applicable. This process typically takes approximately 7 days. However, the timing is subject to various factors, including but not limited to the following:

If you have any deposits which are pending receipt of confirmation of funds (e.g., deposits by check, ACH, wire transfer or other deposit methods), we reserve the right, in our sole discretion, to delay any withdrawal payment until such deposited funds have been confirmed.
If you have an active wagering bonus at the time of submitting a withdrawal request, any and all incomplete/pending game rounds in your account, as well as your current active wagering bonus, will be voided.
Additionally, you may experience additional delays due to any security or identity verification review we undertake, or if any other provision of this Agreement allows or requires us to hold a payment.

12.5 Correct Information. It is your responsibility to submit the correct details for your withdrawal. We are not liable or responsible for reissuing any withdrawal payments made by us to an incorrect account as a result of incorrect account details provided by you or a Payment Provider on your behalf. An incorrectly issued payment will be credited to your corrected account details only once we receive confirmation that the incorrectly issued payment has been successfully retrieved.

12.6 Withdrawal During Cooling-Off Period. During any Cooling-Off Period, which shall last no less than 72 hours in accordance with the Regulations, you will be able to withdraw the cash balance of your Account.

12.7 Withdrawal during Self-Exclusion. Upon notice of your participation on the iGaming Self-Exclusion List, your Account’s cash balance, less any Bonus funds and any winnings resulting from wagers of Bonus funds after you were placed on the self-exclusion list, will be mailed in the form of a written check to you at the address of record we have on file for your account.

12.8 Taxes upon Withdrawal. All taxes and fees payable on winnings resulting from wagers in your Account, prizes awarded to you from Promotions, and Bonus funds converted to cash in your Account, and/or any other payments we may make to you, and all associated tax filings, are your sole responsibility. No such winnings, prizes, cash, or payments can be transferred, substituted, or redeemed for any other consideration, except with our prior written consent. We reserve the right to make tax filings or other reports related to your use of the Services or any winnings, prizes, cash, or payments paid to you.

13. WAGERING; GAME RULES

13.1 Acceptance. Wagers on any Games may only be placed through your Account. Wagers will only be validly made and accepted by us if they are accepted by our server located in the Commonwealth of Pennsylvania, in accordance with the Act and Regulations, and made in accordance with this Agreement and the rules applicable to each individual Game (“Game Rules”). Until our server actually accepts a valid wager made by you, all communications from you, and all information displayed through the Services, will be non-binding.

13.2 Refusal of Wager. Wind Creek has the right to refuse or limit any wager(s) attempted to be placed by a player at our sole discretion and for any reason. We may do this for games or bonuses for example by setting minimum and maximum amounts or setting wagering requirements. Where applicable, maximum payouts will be indicated to you in the rules for the game or promotion or elsewhere on the Services. Such limits can be changed at our sole discretion for any reason whatsoever without any obligation to provide you with notice.

13.3 Void Wagers. If a wager is deemed to be or is declared void by us not due to any breach of this Agreement or any suspected wrongdoing by you, we will return to your Account any sum deducted for that wager.

13.4. Unresolved/Undecided Wagers. We reserve the right to void any wager you place if the wager remains undecided or unresolved (e.g., in incomplete games) for whatever reason, including but not limited to technological failure, and is incapable of being resolved and completed through replay options or other means. If you notify us of an unresolved or undecided wager we may immediately (and without notice to you) void such wager if it cannot be resolved or completed. If you do not notify us of an unresolved or undecided wager, we have the right to void such wager (without notice to you) after 90 days from the original wager placement date. This wager will be canceled and returned to you no later than the fifth business day of the second subsequent calendar month following the calendar month in which the wager became pending.

13.5 Game Rules. Rules for each of the games, including pay tables, will be available to you before and during game play. It is your responsibility to read and understand the rules of each game before you play, sometimes called the Game Rules, and by engaging in play you represent you understand the Game Rules and agree to abide by all such Game Rules, which may be modified and are incorporated by reference into this Agreement. It is also your responsibility to know the payout rate and pay tables applicable to each game before placing a wager. The pay information for each slot game can be viewed by clicking on the Help / Pays (or similar language) button on the button panel for each slot game. The pay information for the non-slot Games (i.e., interactive table games) can be viewed by clicking on any button that reads “Pay Table” (or similar language); If no pay table button is viewable from the game, then by selecting a button or icon with the word “Help” on it. Wind Creek’s house rules for interactive sports wagering (“House Rules”), which have been approved by the PGCB, can be found HERE.

13.6 Games Removal/Modification. We reserve the right to suspend, discontinue, modify, remove or add Games and/or add features to any Game at our discretion with immediate effect and without any obligation to provide you with notice and we will not be liable as a result of any such action.

13.7 Waiver of Rule. Should we decide to waive any rule for the benefit of any player, it shall only be for that one instance and shall not set a precedent for the future for that player or any other player.

13.8 Random Number Generator. Except for sports wagering, you accept and agree that random number generators tested and approved by the PGCB will determine the outcome of all games available through the Services. In the event of a discrepancy between the results displayed on your computer or device and the Game records on our server, our records shall be regarded as definitive.

13.9 Compliance with Law /No Misuse. The Services including but not limited to the Games thereon may be used only for lawful purposes and in a lawful manner. You agree to comply with the Act and the Regulation and this Agreement with respect to the Services, the Game Rules, and any wagers placed on the Games. In addition to your other representations and warranties and the Code of Conduct set forth herein, you agree not to interfere, interrupt, attempt to interrupt, or attempt to manipulate the operations of the Services or the normal play of any of the Games in any manner whatsoever. In particular, you agree not to use or attempt to use any artificial intelligence or player assistance software, and instead, will always play personally via the interfaces provided only by us.

If you become aware that any game contains any error, you must stop play or participation and inform our Guest service team. You agree that you will not take advantage of any such error. In addition to other actions as described in Section 15 of this Agreement We reserve the right to recover any advantage that you may gain from any error, as well as all costs and expenses in making such recovery.

13.10 Monitoring Wagering Communications Account Statements You hereby consent to the monitoring and recording by us, any Third Party Provider including but not limited to a Payment Provider, and the PGCB of all wagering communications you make through the Services. A copy of your Account statement, detailing your account activity (including game play history) may be requested by contacting our Guest support team by Live Chat, or by email to support@play.windcreekcasino.com.

14. GENERAL PROMOTIONS AND BONUS MONEY

14.1 Introduction. From time-to-time, we may offer bonus money (“Bonus Money”), sweepstakes, contests, raffles, surveys, and other promotions (each a “Promotion” or collectively, “Promotions”). All Promotions will also be governed by specific terms and conditions in addition to those in this Agreement. Be sure to read the specific terms and conditions (sometimes referred to as the “Rules”) of a Promotion prior to participating in the Promotion as by participating in the Promotion you agree to be bound by its Rules.

14.2 Available Funds and Restricted Funds. Your Account is made up of available funds (“Available Funds”) and restricted funds (“Restricted Funds”). Available Funds are “cash” that can be used in any Game and that can be withdrawn. Restricted Funds have no cash value, are non-withdrawable and non-transferrable, and contain varying restrictions including but not limited to the Games that can be played with such funds. Restricted Funds can turn into Available Funds if stated requirements such as (but not limited to) minimum wagering requirements, often referred to as “play-through requirements,” are met. If you have both Available Funds and Restricted Funds in your Account, your Restricted Funds will be used first. Available Funds will be used only once your Restricted Funds balance is zero.

14.3 Bonus Money. Bonus Money received because you entered a Promotion goes into your Account as Restricted Funds. Bonus Money becomes Available Funds (cash) you can withdraw if the minimum wagering (play-through) and/other requirements of that Promotion are met prior to a stated expiration date.

You can “activate” Bonus Money immediately or you can “bank” it in your Account to activate later, prior to its expiration. You cannot activate Bonus Money from another Bonus Money Promotion until the play-through and other requirements for your activated Bonus Money Promotion have been met, unless expired. You must always activate all Bonus Money from a particular Bonus Money Promotion at once. You must accept Bonus Money by entering the applicable bonus code after logging in.
The play-through requirements for certain Bonus Money Promotions may also require minimum contribution percentages from wagers on certain Games or Game types (for example: 20% of the play-through requirement must be met through wagers on slots).
The requirements and restrictions for Bonus Money will be specified in the Rules for a Bonus Money Promotion. At a minimum, all Bonus Money (which are Restricted Funds) must be wagered before other money (Available Funds) in your Account.
If funds initially deposited by a player to participate in the Promotion are withdrawn, or if the Promotion expires prior to the play-through and any other requirements being met, Bonus Money and any winnings which may have been generated through wagers made with Bonus Money will be forfeited.

14.4 Cancellation or Amendment/Restrictions/Discretion. Notwithstanding the foregoing, at any time and for any reason and without notice, we reserve the right, at our sole discretion and to the fullest extent permitted by law, to cancel, withdraw, revoke or change the terms of any Bonus Money Promotion prior to the conversion of Bonus Money to cash, and we shall not incur any liability for such a change or termination.

This right includes but is not limited to changing play-through and other requirements and restrictions at any time, whether or not the Bonus Money is already banked or activated.
In addition to the Bonus Money Promotions offered generally, we may also choose, in our sole discretion, to provide additional Bonus Money or complimentaries to a particular player at any time and for any reason or no reason. We are under no obligation to issue the same or similar Bonus Money or complimentaries to any other player.

14.5 All Promotions Generally.

You must agree to the Rules of the Promotion by entering the applicable Promotion Code. Any exceptions are in the sole discretion of Wind Creek. Wind Creek is the sole judge of Promotion Rules and the awarding of prizes.
Any participant who we find, in our sole discretion, is not in compliance with this Agreement or the specific Rules of a Promotion, or who is abusing or otherwise acting in bad faith in relation to any Promotion, may be disqualified. All Bonus Money and other prizes will be withheld, withdrawn from the participant’s Account, or forfeited, and in the case of Bonus Money Promotions, together with any winnings derived from wagers made, in whole or in part, with such Bonus Money. We also have the right to exercise all other remedies available to us under law and this Agreement including but not limited to termination of your Account.
Any person ineligible to use the Services cannot participate in any Promotion or receive any Bonus Money or prizes, including but not limited to Restricted Funds (Bonus Money).
You agree that Wind Creek and/or its designee may use your name, pictures and likeness for promotional purposes without further compensation or agreement.
Winners are responsible for paying any and all taxes on any prizes won and authorize the deduction of such taxes, if any, from the prizes, if required by law.
In consideration of, and as a strict condition of participation in any Promotion, winners, their heirs and personal representatives waive and release all rights, claims, demands and/or causes of action against Wind Creek.

15. MALFUNCTION, DISCONNECTION AND MISUSE

15.1 Transactions Voided. As required by the Act and the Regulations, a malfunction on the Site voids all payouts. Malfunction occurs whenever a hardware, software or other error interferes with the proper and normal game play, bonuses, payout, odds calculation or result of a wager (i.e., a game attempts to pay out amounts that are incorrect or inconsistent with the rules of the games and the pay tables). In such instances, absent breach of this Agreement or any suspected wrongdoing by you, Wind Creek will seek to place all parties directly affected in the position they were in before the error occurred.

15.2 Cancel/Void Bets. Notwithstanding any other provisions in this Agreement, and not as our sole permitted action or remedy, we may cancel or void any bets in our absolute discretion where:

In our judgment, acting reasonably, there is a manifest error in the terms of a bet offered to, or placed by, any party; or
There is fraudulent, illegal and improper use as described in Section 15.1 and elsewhere in this Agreement.

15.3 Disconnection Policy Generally

If you are disconnected from the Services before committing a bet, there will be no effect on your Account.
If you are disconnected from the Services after you have committed a bet, and no additional action or input is required by you at the time of disconnection, the game will produce a final outcome (as determined by our or our third-party service provider’s random number generator), and when you reconnect to our servers, such final outcome will be available for your review in the Account history for the game;
If you are disconnected from the Services after you have committed a bet involving no other players, and further input is required by you to complete the game, there will not be a final outcome and upon subsequent activation, you will be returned to the game state immediately prior to the interruption and you will be allowed to complete the game.
If you are disconnected from the Services after you have committed a bet involving multiple players, where the result is affected by the time to respond to a game event, upon reconnection, you will be returned to a game without other players but as you were immediately prior to the interruption and you will be allowed to complete the game.

15.4 Game in Progress/Failed Re-Verification. In the event our geolocation technologies verify your physical presence in the Commonwealth of Pennsylvania when you initiate an interactive gaming session, but later during such session are unable to re-verify your continued physical presence in the Commonwealth of Pennsylvania, the game in progress at the time of such failed re-verification will produce a final outcome, if possible, and the game play session will immediately terminate.

15.5 No Responsibility/Telecommunication Service Provider. We and Third Party Providers who assist us in providing the Services accept no responsibility and will not be liable for any loss resulting from delays or interruptions to play due to failure, breakdown, malfunction, interruption of or disconnection from the Games server or any other causes over which we have no control. Not in limitation of such statement, Wind Creek and such third parties shall not in any way be held responsible for acts or omissions made by your telecommunications service provider through who you gained access to the servers, websites and software. Wind Creek shall not be a party to any dispute between you and any such provider, nor shall any such dispute have any effect on your obligations under this Agreement.

15.6 Notice of Malfunction. In the event you detect a malfunction, you agree to inform Wind Creek a as soon as the malfunction is discovered by contacting our Guest support team by Live Chat or by email to support@play.windcreekcasino.com and to stop any further interaction with the malfunctioning system. You agree that you will not take advantage of any such malfunction. In addition to other actions as described in Section 15, we reserve the right to recover any advantage that you may gain from any malfunction, as well as all costs and expenses in making such recovery.

16. ACCOUNT SUSPENSION AND TERMINATION/OTHER ACTIONS WE CAN TAKE REGARDING YOUR ACCOUNT

16.1 Wind Creek’s Discretion. We may, at our sole discretion and without any requirement to give reasons, exclude any player from our Services. We also reserve the right to restrict, suspend or terminate your account at any time and for any reason and/or cancel pending wagers. Additionally, if we determine, in our sole discretion, that you are in breach of the Act, the Regulations, this Agreement including any other Agreement with respect to the Services, including believing that your use of the Services is fraudulent, illegal or improper. Examples of fraudulent, illegal or improper use includes but is not limited to: financial fraud or wrongdoing (e.g., improper chargebacks, transactions with no clear legal purpose, money laundering, etc.), suspicious betting activity, multiple accounts, collusion, use of ‘bots’ or ‘robots,’ other cheating, attempted cheating, unacceptable behavior to other players or our employees or the employees of our Third Party Providers, identity fraud, taking advantage of us or other players by exploiting a fault or loophole (for example, abusing an error or malfunction) or any other improper use of an Account, we have the right to take any or all of the actions set forth below. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ACKNOWLEDGE AND AGREE THAT WE AND OUR THIRD PARTY PROVIDERS WILL HAVE NO LIABILITY TO YOU OF ANY KIND FOR TAKING ANY OR ALL OF THE FOLLOWING ACTIONS REGARDING YOU AND/OR YOUR ACCOUNT:

Issuance of a warning.
Imposing limits and disabling or denying access to certain Account features either permanently or temporarily, including but not limited to certain games, bonus and promotional activities, or player content areas.
Immediate, temporary or permanent termination of your right to use any or all of the Services.
Forfeiture of any deposits, bonus funds and/or winnings resulting from wagers in your Account, either at our discretion or as directed by the PGCB pursuant to the Act and Regulations.
Disclosure of such information regarding your breach of this Agreement (including your identity) to law enforcement authorities. third party complainants and Third Party Providers, as we reasonably feel is necessary or required, and continued cooperation and provision of information during any investigation, no matter the eventual outcome.
Disclosure of your identity to any third party who is claiming that any of your player content constitutes a violation of their intellectual property rights, right to privacy, or other legal rights.
Withholding or cancelling pending wagers.
Taking legal action against you, including but not limited to recouping winnings paid and fees and costs and seeking damages, if applicable, with respect to our recoupment and the wrongful actions.
Offset against funds in your Account now and in the future as described in Section 16.2.

16.2. Right to Offset. Additionally, at all times, we retain the right to offset, recoup, and/or recover monies from your account to satisfy payment for transaction(s) returned by your bank unpaid (other than for reasons of third-party fraud),or due to the fraudulent, illegal or improper reasons set forth by way of example and not limitation in Section 16.1. You expressly authorize us to take these acts and you acknowledge and agree to forfeit any deposits, Bonus funds, and/or winnings resulting from wagers held in your Account to accomplish this purpose. If there are insufficient funds in the Account, Wind Creek is entitled to claim or otherwise appropriate the relevant outstanding amount relating to any winnings paid out in error which shall be a debt from the player to Wind Creek until fully and finally repaid, which can also be paid by offset if sufficient funds are in the player’s account at a later time.

16.3 You are Bound. In the event that we suspend or terminate your access to and/or use of the Services, you will continue to be bound by the terms of this Agreement that were in effect as of the date of your suspension or termination.

16.4 Reports. You agree and instruct that we may obtain and use consumer and other third party reports and documentation to review and enforce your continuing compliance with this Agreement and as otherwise necessary for us to meet legal obligations relating to your Account.

16.5 Record Retention. Upon suspension or termination of an Account, we will retain all records and information associated with such Account for as long as necessary to comply with all requirements of applicable law including but not limited to the Act and the Regulations.

16.6 Law Enforcement. By breaching certain terms of this Agreement, you may also be committing a civil or criminal offense, and you may be subject to legal action, including criminal prosecution. As stated in Section 16.1e, we reserve the right to disclose to, cooperate with and provide further information to law enforcement and other regulatory authorities, including the PGCB, in investigating claims of suspicious or presumed illegal activity on the Services, and as stated in Section 16.1 we will have no liability to you even if: (i) no action is pursued against you; (ii) an action against is later dismissed; or (c) you are found not guilty of any wrongdoing.

16.7 Return of Funds. Notwithstanding the other provisions of this Agreement, if following suspension or termination of your Account, after investigation we could not reasonably demonstrate a breach of this Agreement or any other Agreement related the Services, or in order to comply with any advice, request or instruction from any governmental, regulatory or enforcement authority, we will return any withdrawable funds in your Account unless not permitted by any law or regulation. Please contact our Guest support team by Live Chat, or by email to support@play.windcreekcasino.com to request any funds held in suspended or closed accounts.

16.8 Questions. If you have a question relating to your Account, it is your responsibility to notify us at the earliest opportunity, providing as much information as Wind Creek may require.

17. RESPONSIBLE GAMING/PLAYER PROTECTION

Responsible gaming is a priority for Wind Creek, and we take this issue very seriously. We want our players to gamble responsibly and sensibly, and have strived to provide a safe and comfortable environment that encourages responsible gaming for all players. We know that while most people engage in gaming for enjoyment and entertainment, for a small number of players, gambling is a serious problem. Wind Creek has adopted policies and guidelines with respect to problem gambling, including employee education and training programs and written procedures to help our employees identify players that are at risk for a gambling problem or that exhibit signs of compulsive gambling, and assist in managing these issues. If you or someone you know has a gambling problem and wants help, call 1-800-Gambler. Please see Patron Protection/Responsible Gaming Policy for information about responsible gaming including resources, ability to set deposit, spend and time limits as well as a “cooling-off: period. See also information regarding self –exclusion. See Responsible Gaming Policy.

18. PRIVACY POLICY

18.1 Privacy Policy. Use of the Services is subject to the terms of our Privacy Policy (see Privacy Policy), which are hereby incorporated into and made part of this Agreement. By using the Services, you acknowledge that you have read and agree to be bound by the terms of our Privacy Policy. We have created the Privacy Policy to let you know what information we collect when you use our Services, why we collect this information and how we use the collected information. We are committed to protecting information that the Privacy Policy defines as Personal Information. Through this Privacy Policy we reserve the right, and you authorize us to use information regarding your use of the Services or that we obtained through your use of the Services and any other Personal Information provided by you or others (as defined in the Privacy Policy), in accordance with this policy. You further acknowledge and agree that any disputes related to the Privacy Policy, including any breaches in security or privacy, will be subject to the limitations on liability and dispute resolution provisions contained in this Agreement.

18.2 Acceptance and Modification. The linked policy is our entire and exclusive Privacy Policy, and it supersedes any earlier version. It should be read in conjunction with the other terms of this Agreement and any additional applicable rules and policies referenced herein or posted on the Sites. By clicking ‘Submit’ or ‘I agree’ during the registration process or by your continued use of the Services following the posting of this Privacy Policy (as applicable), you agree to this Privacy Policy. We recommend that you revisit this Privacy Policy regularly. We may periodically make changes to this Privacy Policy and will notify you of these changes by posting the modified terms on our Sites with the dates.

19. INTELLECTUAL PROPERTY / GRANT OF LICENSE

19.1 Ownership. The Services and their entire contents, features and functionality (including but not limited to all information, software, domain names, trademarks, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) (collectively, the “Content”) are owned by Wind Creek, Wind Creek’s licensors, Pala, Pala’s licensors, Betfred, Betfred’s licensors, and Third Party Providers of such Content and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws and international treaty provisions. The structure, organization and code of the Services and Content are the valuable trade secrets and confidential information of, as applicable, Wind Creek, our licensors, Pala, Pala’s licensors, Betfred, Betfred’s licensors and Third Party Providers. No title to any intellectual property rights is transferred to you.

19.2 Trademarks. Without limitation of the foregoing, the terms play.windcreekcasino.com, and Wind Creek and the logos, service marks, signs, trade names and/or domain names displayed on the Services from time to time as well as the trademarks, logos, service marks, signs, trade names and domain names of Wind Creek (the “Trademarks”) are owned by Wind Creek. Under no circumstances may you use the Trademarks without the prior written consent of Wind Creek or, if applicable, its licensor.

19.3 Limited License. Subject to the terms and conditions of this Agreement, Wind Creek hereby grants you a non-exclusive, non-transferable, personal, non-assignable, revocable, limited license, without rights to sublicense, to access and use the Services solely for your individual, personal non-commercial use while you are physically located in the Commonwealth of Pennsylvania, and, if applicable, including the software you download and install (such as the mobile application) instead of accessing the Services through a web browser, in each case, on your computer, tablet, smartphone, PDA, cell phone or other device that you own or control (your “Device”), for their intended purposes, conditioned upon your continuing strict compliance with this Agreement and all applicable laws, regulations and contractual obligations applicable when you access and use the Services. As such, in addition to the other prohibitions in this Agreement, you represent, warrant and covenant that you will not do the following:

Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services (or any Content) to any other person or entity, including but not limited to enable another person to access your Account, through a computer network or otherwise.
Copy any part of the Services except as strictly limited in this Agreement for personal use as set forth in this Agreement.
Attempt to modify, decompile, expose, exploit, reverse-engineer, reduce to human readable form, disassemble, merge, attempt to derive the source code of, attempt to create derivative works or otherwise attempt to discover the data contained in or derived from the Services or any of its Content, subprograms or modules or parts thereof or incorporate the same into or with other software, or permit a third party to do any of the foregoing.
Place the Services or any of its Content, subprograms or modules onto a server so that it is accessible via a public network such as the Internet.
Use any robot, spider, artificial intelligence or other automatic device, process, or means to access the Services or Content or any of its subprograms or modules for any purpose, including monitoring or copying any of the material on the Services.

19.4 Reservation of Rights. You acknowledge and agree that the Services and Content are provided under a limited license under this Agreement, and subject to all terms, conditions, and restrictions of this Agreement You do not have any ownership interest in any aspect of the Services or Content, or any other rights or license thereto by estoppel, implication or otherwise, and (b) Wind Creek, Pala, Betfred each of their licensors and third party licensors expressly reserve, and shall retain, any and all other rights including intellectual property rights in and to the Services and Content. You agree to refrain from any action that would diminish such rights or would call them into question.

19.5 Third Party Software.

Notwithstanding the terms and conditions of this Agreement, all or any portion of the Services contains software that is licensed to you subject to the terms and conditions of a software license agreement (“Third Party Software”) and your use is governed by such license. As with all software, you are only permitted to use such Third Party Software and data contained therein or derived therefrom for your personal and internal purposes, and you may not transfer, sublicense or encumber the Third Party Software You may make a single copy of such Third Party Software for backup/archival purposes that retains all proprietary rights notices. WIND CREEK MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THIRD-PARTY SOFTWARE OR RELATED HARDWARE EVEN IF DOWNLOADED FROM WIND CREEK’S WEBSITE OR BY MEANS OF A LINK ON SUCH SITE.
The Services and Content may contain links to other websites, resources and advertisers. Wind Creek is not responsible and has no liability with respect to such external sites. Third parties may offer from time to time applications or services to access, “plug-in” to or otherwise interact with the Software. Your use of such third-party applications is at your own risk and subject to the terms and conditions of those third parties. THE LIMITED LICENSE GRANTED TO YOU IN THIS AGREEMENT SHALL REVERT TO WIND CREEK IN THE EVENT YOU VIOLATE THIS AGREEMENT INCLUDING BUT NOT LIMITED TO IF YOU USE ANY THIRD-PARTY SOFTWARE OR SERVICE IN CONNECTION WITH THE SERVICES TO GAIN AN UNFAIR ADVANTAGE OR THAT OTHERWISE PROVIDES UNETHICAL WAGERING ASSISTANCE OR WAGERING ASSISTANCE NOT AUTHORIZED BY WIND CREEK.

19.6 Player Contributions.

The Services may contain interactive features including message or chat features, player image options, comment functionality, player profiles or other forums (collectively, “Interactive Services”) that allow players to post, submit, publish, display, or transmit to other players, to Provider or to other persons (hereinafter, “post”) content or materials (collectively, “Player Contributions”) on or through the Services.
If you post any Player Contributions on or through the Services or otherwise submit any ideas to us, you grant us and our affiliates a royalty-free, perpetual, irrevocable, transferrable, assignable, sub-licensable, worldwide license to use, reproduce, modify, adapt, publish, translate, combine with other works, create derivative works from, distribute, perform, edit and display such Player Contributions (in whole or in part) and/or to incorporate it in other works in any form, media, or technology now known or later developed.
You represent and warrant to us that (i) any Player Contributions posted by you on or through the Services, or ideas you submit to us, are original to you and do not infringe the intellectual property, privacy or other rights of any person or entity; (ii) you own or otherwise have the rights to grant us these rights; and (iii) including, without limitation, any copyrights and other intellectual property rights and the posting of your Player Contributions on or through the Services does not violate the rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Player Contributions you posted to or through the Services.
WE SHALL BE ENTITLED TO UNRESTRICTED USE OF ANY PLAYER CONTRIBUTION IT MAY RECEIVE FROM YOU AT OR THROUGH THE SERVICES, FOR ANY PURPOSE WHATSOEVER, COMMERCIAL OR OTHERWISE, WITHOUT COMPENSATION TO YOU AS PROVIDER THEROF.
You acknowledge and agree that such permission includes that we may but have no obligation to preserve Player Contributions and may also disclose Player Contributions if required to do so by law or in the good faith belief that such action is reasonably necessary to comply with legal process; enforce this Agreement; respond to claims that any Player Contribution violates the rights of third-parties; or to protect the rights, property, or personal safety of Wind Creek, affiliates, Third Party Providers, its users, or the public.
You also authorize us to promote, at our discretion, the activities you engage in through the Services, including without limitation: news articles posted online and visible to other users of the Services, leaderboards published on the Services, email or text communications to us or other users of the Services, press releases; and other advertising across all media.
You agree to each of these conditions and further agree that they apply forever and broadly as may be interpretable with regard to Wind Creek. Posting of Player Contributions 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 such posting or implied by our review or subsequent use thereof. Wind Creek shall not be liable for any disclosure of any Player Contributions including opinion(s) or suggestion(s), you post to or through the Services.
Player Contributions are subject to the Code of Conduct in Section 20 below.
Wind Creek assumes no responsibility for monitoring the Services for inappropriate submissions or conduct and for disputes between you and others, but reserves the right to do so. Such right, if exercised imposes no responsibility on Wind Creek with respect to the Player Contributions or the contributing players. Wind Creek has the right, but no obligation to modify or remove any inappropriate Player Contributions at any time, without notice and for any reason, including but not limited to, Player Contributions that violate this Agreement or are otherwise objectionable, as determined in Wind Creek’s sole discretion. You are solely responsible for your interactions with other users of the Services.
You understand that by using the Services, you may be exposed to Player Contribution created by others that is offensive, indecent, or objectionable. Wind Creek does not review prior to posting, endorse or have control over what is posted as Player Contribution, and Player Contributions do not reflect the opinions or policies of Wind Creek. Wind Creek makes no representations or warranties, expressed or implied, as to the Player Contribution or the accuracy and reliability thereof or any other material or information that you may access through the Services. You agree that you must evaluate and bear all risks associated with the use of any Player Contribution Wind Creek reserves the right to terminate your Services access if Wind Creek determines, in its sole discretion, that doing so is prudent.

20. CODE OF CONDUCT

20.1 Harassment and Cyberbullying. You are prohibited from uploading, posting, emailing, transmitting or otherwise using the Services to harass, threaten, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability (“Prohibited Acts”). This includes a prohibition on cyberbullying, the use of electronic technology and communication tools including social media sites, text messages, chat and websites to perform Prohibited Acts. We reserve the right to terminate your use of the Services if it is determined you have engaged in these activities regarding another user of the Services or any of our employees.

20.2 Additional Prohibitions.

You additionally represent, warrant and agree that you will not use the Services to:
- - upload, post, email or otherwise transmit any information that is unlawful, vulgar, obscene, pornographic, or invasive of another’s privacy, (including without limitation, nudity and depiction of drug use);
  - harm minors in any way;
  - upload, post, email or otherwise transmit information that encourages criminal conduct;
  - impersonate or misrepresent your affiliation with a person or entity;
  - manipulate identifiers to disguise the origin of any Player Contribution or other information transmitted through the Services;
  - upload, post, email, or otherwise transmit any information that you do not have a right to transmit (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  - upload, post, email or otherwise transmit any information that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
  - upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  - upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, emulate, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  - disrupt the normal flow of dialogue on the screen or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges and to enjoy the Services;
  - interfere with or disrupt the Services or servers or networks connected to the Services, disobey any requirements, procedures, policies or regulations of networks connected to the Services or interfere with normal operations and with any other user’s use and enjoyment of the Services;
  - “stalk,” collect, or store personal information or data about others using the Services, or disclose another user’s personal information or data;
  - solicit personal information or data from anyone under twenty-one (21) years of age;
  - “bot,” “hack,” “crack,” or otherwise attempt to circumvent any access control, copyright;
  - use, or attempt to use, the Services in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
  - engage in fraudulent or dishonest activity while using the Services, including without limitation, Game manipulation, using a stolen credit card or fraudulent chargeback, money laundering or making any other fraudulent payment.
You further represent, warrant and agree that you will not access the Services by any means except through the interface provided by Wind Creek for access to the Services. 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 Wind Creek is prohibited. Any permitted links to the Services must comply with all applicable laws, rules, and regulations.
You additionally further warrant and agree you will not cheat, collude, or engage in other fraudulent, illegal, or restricted activity in your play of games through the Services or attempt to do so. Additionally, if you suspect any player is engaging in fraudulent activity in playing games, report it to us immediately by email to service@play.windcreekcasino.com and include a brief description of the suspicious activity and the players’ screen names. We reserve the right, in addition to other measures, to restrict seating and/or to prohibit players from playing at a particular game or in a tournament, or from playing at the same game or in the same tournament.

20.3 Automatic Termination upon Violation. Your rights under this Agreement to use and access the Services and Content will automatically terminate without notice from us if you fail to comply with any of the provisions of this Agreement including but not limited to this Code of Conduct.

21. NO WARRANTY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT AND TO THE FULLEST EXTENT PERMITTED BY LAW, WIND CREEK AND ITS AFFILIATES, PALA AND ITS AFFILIATES, BETFRED AND ITS AFFILIATES, AND, WITH RESPECT TO EACH, ALL LICENSORS, LICENSEES, THIRD PARTY PROVIDERS,VENDORS,CONTRACTORS, SUPPLIERS, AND THEIR SUCCESSORS AND ASSIGNS, AND THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS AND EMPLOYEES (COLLECTIVELY, THE “WIND CREEK PARTIES”) HEREBY DISCLAIM AND MAKE NO REPRESENTATIONS, WARRANTIES, ENDORSEMENTS, OR PROMISES, EXPRESS OR IMPLIED, OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION,NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS WITH RESPECT TO THE SERVICES, CONTENT, AND SOFTWARE, INCLUDING THIRD PARTY SOFTWARE, MESSAGES, WAGERING ACTIVITIES AND OTHER INFORMATION SENT VIA THE SERVICES BY USERS, ANY PRODUCTS OR SERVICES OFFERED VIA THE SERVICES OR LINKS TO THIRD PARTY WEBSITES, ANY TELECOMMUNICATIONS, INFRASTRUCTURE, AND/OR SECURITY INCLUDING ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR ANY LINKED WEBSITE.

THIS MEANS THAT WE MAKE NO REPRESENTATION OR WARRANTY THAT:

THE SERVICES AND ALL FUNCTIONS, CONTENT, AND FEATURES OF THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR THAT THEY WILL BE UNINTERRUPTED OR ERROR-FREE.
THE SERVICES WILL MEET ANY PARTICULAR REQUIREMENTS OR PROVIDE ANY PARTICULAR RESULTS.

THE RESULTS OBTAINED FROM THE USE OF SERVICES OR THE INFORMATION AND MATERIALS (INCLUDING ANY INSTRUCTIONS) PROVIDED IN CONNECTION WITH THE SERVICES ARE ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, OR RELIABLE.

THE SERVICES OR THE INFORMATION TRANSMITTED OR STORED WILL BE SECURE FROM UNAUTHORIZED ACCESS OR ANY OTHER LOSS, THEFT, CORRUPTION OR OTHER INCIDENT.
INFORMATION AND MATERIALS THAT YOU STORE IN YOUR ACCOUNT OR ON THE SERVICES WILL REMAIN RETREIVABLE AND UNCORRUPTED.

DEFECTS OR ERRORS WILL BE REPAIRED OR CORRECTED.
THE SERVICES OR THE RELATED SERVERS ARE FREE FROM ANY HARMFUL COMPONENTS (INCLUDING VIRUSES, TROJAN HORSES, AND OTHER TECHNOLOGIES THAT COULD ADVERSELY IMPACT YOUR DEVICE).
YOUR USE OF THE SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION.

EXCEPT AS MAY BE SET OUT IN A SPECIFIC WRITTEN WARRANTY ACCOMPANYING THE SERVICES, THE WIND CREEK PARTIES FURTHER DISCLAIM ALL OTHER WARRANTIES.

No oral or written information or advice given by the Wind Creek Parties, or a Wind Creek authorized representative shall create a warranty.

ANY MATERIAL, INFORMATION, PRODUCTS OR SOFTWARE 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 LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

Some states/jurisdictions do not allow exclusion of implied warranties or limitations on the duration of implied warranties, so the above disclaimer may not apply to you in its entirety. To the extent applicable law requires Wind Creek to provide warranties, you agree that the scope and duration of such warranty shall be to the minimum extent permitted under such applicable law.

22. LIMITATION OF LIABILITY

IF YOU ARE DISSATISFIED WITH THE SERVICES, CONTENT OR WITH THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE.

TO THE FULLEST EXTENT PERMITTED BY LAW, 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 US OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN WIND CREEK AND YOU. THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

NOTWITHSTANDING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY LAW, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF THE WIND CREEK PARTIES FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OF ACTION OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT OF ANY DEPOSITS AND WINNINGS RESULTING FROM WAGERS ON YOUR ACCOUNT (TO THE EXTENT YOU OTHERWISE REMAIN ENTITLED TO SUCH DEPOSITS AND WINNINGS UNDER THESE TERMS) REMAINING IN YOUR ACCOUNT AT THE TIME OF YOUR CAUSE OF ACTION OR CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU DO NOT HAVE ANY SUCH DEPOSITS OR WINNINGS IN YOUR ACCOUNT AT THE TIME OF SUCH CAUSE OF ACTION OR CLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH WIND CREEK IS TO STOP USING THE SERVICES AND CANCEL YOUR ACCOUNT.

MALFUNCTIONS VOID ALL PAYS AND PLAYS. IN THE EVENT OF ANY ERRORS, MALFUNCTIONS, VIRUSES OR BUGS, COMMUNICATIONS FAILURE, OR SYSTEMS FAILURE RELATING TO THE SERVICES, RESULTING IN LOSS, CORRUPTION, OR MISCALCULATION OF DATA OR WINNINGS OR BONUS MONEY AMOUNTS, TO THE FULLEST EXTENT PERMITTED BY LAW , THE WIND CREEK PARTIES SHALL NOT IN ANY WAY BE LIABLE TO YOU, AND WIND CREEK SHALL VOID ALL GAMES IN QUESTION AND PAYMENTS IN RELATION THERETO, AND MAY TAKE ANY OTHER ACTION DEEMED NECESSARY IN ITS SOLE DISCRETION TO CORRECT SUCH ERRORS. WIND CREEK IS NOT REQUIRED TO PROVIDE ANY BACK-UP NETWORK AND/OR SYSTEMS OR SIMILAR SERVICES. IF ANY SUCH ERROR OR MISCALCULATION RESULTS IN OVERPAYMENT TO YOU OF WINNINGS RESULTING FROM WAGERS ON YOUR ACCOUNT, YOU SHALL NOT BE ENTITLED TO RECEIVE OR RETAIN SUCH WINNINGS, AND SHALL IMMEDIATELY INFORM US OF THE ERROR, AND SHALL REPAY ANY SUCH WINNINGS TO US (OR WIND CREEK MAY, IN ITS SOLE DISCRETION, DEDUCT AN AMOUNT EQUAL TO SUCH WINNINGS FROM YOUR ACCOUNT, SET OFF SUCH AMOUNT AGAINST ANY OTHER WINNINGS OWED TO YOU, OR TAKE ANY OTHER ACTION NECESSARY TO COLLECT SUCH WINNINGS AS PERMITTED BY THE ACT, REGULATIONS, AND OTHER APPLICABLE LAWS).

THE WIND CREEK PARTIES SHALL, UNDER NO CIRCUMSTANCES, BE HELD LIABLE FOR MONEY SPENT BY A GUEST DURING A PERIOD OF COOLING-OFF OR SELF-EXCLUSION.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE WIND CREEK PARTIES SHALL NOT BE LIABLE FOR ANY ACTS OR OMISSIONS MADE BY YOUR INTERNET SERVICE PROVIDER, TELECOMMUNICATIONS PROVIDER, OR OTHER THIRD-PARTY YOU HAVE ENGAGED TO GAIN ACCESS TO THE SERVICES.

23. INDEMNITY

You agree to indemnify, defend and hold harmless, to the fullest extent permitted by law, the Wind Creek Parties, from any claim or demand, damages, losses, costs, and expenses ,including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of this Agreement including the agreements and policies linked and incorporated by reference, or your violation of any law or regulation or the rights of a third-party, any use of the Services by you or by any other person accessing the Services using your account or any of your personal information, whether or not with your permission, or your obligations with respect to overpayment of winnings as specified.

24. PLAYER SUPPORT SERVICES; DISPUTE ESCALATION PATH

24.1 Contact Us. You may contact us at any time using the details set out below should you have questions or need assistance. To provide a better service and for your protection, telephone conversations, chats, and emails may be recorded and/or monitored by designated staff.

24.2 Complaint to Us. If you have any complaint or issue relating to the Service, you should in the first instance contact our Guest support team as set out below. If you are not satisfied with the way that your complaint was handled by our Guest support team, our management may intervene to resolve any outstanding grievance. You agree to follow and exhaust any grievance/ dispute resolution policy we may put in place from time-to-time.

24.3 Complaint to PGCB. After all reasonable steps have been taken by you and us to resolve your complaint, you may file a complaint with the Pennsylvania Gaming Control Board by emailing casinocomplaints@pa.gov or calling (717) 346-8300, or by submitting the Internet Dispute Form on the PCGB’s website: (http://gamingcontrolboard.pa.gov/?p=113).

24.4 We reserve the right to provide your complaint and relevant documentation to the PCGB.

24.5. Our Guest support team can be contacted by any of the following methods:

EMAIL: We respond to all emails individually and usually reply within 24 hours during normal business hours. Please use the following email address to contact us: service@play.windcreekcasino.com.

MAIL:
play.windcreekcasino
303 Poarch Road
Atmore, AL 36502
The address for Wind Creek Bethlehem is 77 Wind Creek Boulevard, Bethlehem, PA 18015.

25. APPLICABLE LAW; JURISDICTION; VENUE; ARBITRATION

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. You agree that any and all disputes, claims and causes of action relating to this Agreement, the Services, and/or all the agreements and policies incorporated herein shall be resolved individually, without resort to any form of class action, exclusively by confidential arbitration in Philadelphia, Pennsylvania before a single arbitrator pursuant to the then-current arbitration rules of the American Arbitration Association. YOU HEREBY EXPRESSLY ACKNOWLEDGE AND AGREE TO WAIVE YOUR RIGHT TO FILE SUIT IN A COURT OF LAW (INCLUDING ANY CLASS ACTION SUIT) TO ENFORCE YOUR RIGHTS UNDER THIS AGREEMENT. Any award shall be final and conclusive upon the parties and a judgment thereon may be entered in the highest court of any forum, state or federal, having jurisdiction. The parties to the arbitration will share equally the administrative costs of such arbitration proceedings.

26. MISCELLANEOUS

26.1 Full Agreement. This Agreement, including but not limited to policies and other agreements incorporated by reference or hyperlinked, constitute the entire and only Agreement between Wind Creek and each user of the Services regarding the subject matter of this Agreement and supersedes any and all prior or contemporaneous Agreements, representations, warranties, and understandings, written or oral, with respect to the subject matter of this Agreement.

26.2 No Waiver. The failure of Wind Creek to insist upon strict adherence to any term of this Agreement shall not constitute a waiver of such term or limit Wind Creek’s right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

26.3 Severability; Interpretation. Except as set forth in the arbitration provision, if any provision of this Agreement shall be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. When used in this Agreement, the term “including” shall be deemed to be followed by the words “without limitation.”

26.4 Causes Beyond Control. Wind Creek 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, epidemic, pandemic, riots, fire, insurrection, war, failure of carriers, the elements, accident, acts of God, governmental orders, guidelines or restrictions, or any other similar or dissimilar abuses beyond Wind Creek’s control.

26.5 Truthful Information. You must provide full and truthful information including all details requested by us in connection with your use of the Services.

27. STATUTE OF LIMITATION/PARTIES AUTHORIZED TO BRING ACTION

27.1. Parties Authorized To Bring Action. The “Indemnification” and “Limitation of Liability” provisions of this Agreement are for the benefit of the Wind Creek Parties as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

27.2 Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose, or will be forever barred.

28. PARENTAL CONTROLS

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.

29. ELECTRONIC COMMUNICATION

The communications between you and us via the Services use electronic means, whether you visit the Services or send us an email, or whether we post notices on the Services or communicate with you via email. For contractual purposes, you consent to receive communications from us in an electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing unless otherwise required by law.

30. SEARCHABLE GAME RULES TEXT FOR EVERI AND EVOLUTION

Dear iGaming Manufacturers:

Pennsylvania Gaming Control Board (“Board”) staff issued industry guidance on September 7, 2022 reminding interactive gaming manufacturers of a statutory provision that requires interactive games to include game rules in a searchable format. Specifically, 4 Pa. C.S. § 13B27(4) states: “The interactive gaming certificate holder shall configure its interactive gaming skin or interactive gaming website to include a link that, upon login, will allow a registered player to access all of the following information: (4) The complete text in searchable format of the rules of each authorized interactive game offered by the interactive gaming certificate holder and any other information as the board may require.”

The industry guidance included a deadline of January 16, 2023 for new interactive games or updated versions of approved games to comply with the statutory requirement. Board staff subsequently extended the deadline to March 17, 2023 and provided clarifying guidance that existing games without searchable game rules could continue to be offered by existing iGaming operators until such time as those games required recertification by an independent test lab. While most interactive gamin manufacturers have modified their games to comply with the searchable text requirement, independent test labs continue to advise Board staff that many games available for play on authorized websites do not include rules formatted in a way that allows players to search for keywords. Those observations are being made by independent test labs during interoperability testing of remote game servers and new interactive gaming platforms. If allowed to continue, this could result in an uneven playing field in which existing iGaming operators are permitted to continue offering games that do not have searchable games rules, while new operators would not be permitted to offer those same games because they are being flagged during interoperability testing.

Accordingly, the Board is issuing updated industry guidance such that 1) all new games and new versions of games must meet the searchable text requirement prior to submission to an independent test lab for certification or recertification and 2) all existing games must have searchable rules by April 7, 2024 as required by 4 Pa. C.S. § 13B27(4) regardless of whether recertification is otherwise necessary for an updated version. To further clarify, games that do not have rules in a searchable format must be recertified and approved by the Board’s Gaming Lab within one year, not simply submitted to an independent test lab by the date.

For Pala Searchable Text Guidelines, Click Here.

For Evolution Searchable Text Guidelines, Click Here.

For Everi Searchable Text Game Rules, Click Here.

For AGS Searchable Text Game Rules, Click Here.

For NYX Searchable Text Game Rules, Click Here.